EC: Judiciary and media in Serbia face pressure and obstruction

In its Report on the Rule of Law in Serbia published today, the European Commission pointed out, among other things, political pressure on the judiciary and prosecution, concerns about attempts to illegally influence the prosecution for organized crime, the fact that media legislation is not being implemented adequately, and that electoral reform and the revision of the voter register have yet to be fully implemented.

In its seventh annual Rule of Law Report, the European Commission assesses the situation in this area across the EU, as well as in the candidate countries for membership - Serbia, Montenegro, North Macedonia and Albania.

The Commission assessed the state of the rule of law in the areas of judicial systems, anti-corruption frameworks, media pluralism and media freedom, as well as institutional checks and balances.

The report states that in the Serbian judiciary, efficiency in civil matters and commercial disputes remains stable, but that there is a negative trend in criminal matters, very serious challenges in resolving administrative proceedings and the lack of resolution of constitutional complaints.

In Serbia, legal amendments removed some of the existing mechanisms that guaranteed the independence of the prosecution and judiciary, which also hindered the implementation of the 2023 constitutional reforms.

The Venice Commission confirmed that Serbia has acted on most of its recommendations regarding these amendments, but concerns remain regarding the independence of the prosecution, the Commission's report states.

It is alleged that political pressure on the judiciary and prosecution has increased significantly, with limited response from the High Prosecutorial Council and the High Judicial Council, the government, and the parliament.

It is added that new members of the two high councils have been elected, but that the process of selecting candidates for the High Prosecutorial Council has suffered delays and procedural challenges.

There are also delays in filling a significant number of vacant judicial positions. The implementation of IT solutions for new case management in prosecutors' offices is still ongoing, and no steps have been taken to implement centralized case management in courts.

When it comes to the fight against corruption, most of the activities from the previous Anti-Corruption Action Plan were not implemented and a good part of them were transferred to the new plan, the report says.

There are concerns about obstacles and attempts at unlawful influence in the organized crime prosecution. Challenges also remain regarding a stable track record of investigations, indictments and final judgments in high-level corruption cases.

There are still weaknesses in practice regarding the verification of asset declarations and in the area of ​​conflicts of interest, the report says.

It is added that a draft law is being prepared that should address concerns about limited and weak transparency in the area of ​​lobbying, and the law on financing political activities has been completed, which still needs to pass a review of compliance with ODIHR recommendations.

Also, exemptions from the rules of the Public Procurement Law are still used very often, thus circumventing anti-corruption mechanisms.

In the area of ​​media freedom and pluralism, the Commission assessed that the Serbian audiovisual market continues to face serious challenges because it lacks a functional decision-making body, namely the Regulatory Authority for Electronic Media (REM).

It is reported that in early July, the National Assembly restarted the process by adopting an authentic interpretation of the Law on Electronic Media, thus paving the way for the return of four members of the REM Council who had previously resigned.

It is further assessed that, although the Press Council effectively monitored compliance with the Code of Journalistic Ethics in print media, this did not affect the fairness of the distribution of state co-financing.

The Commission also pointed out that concerns about editorial autonomy and pluralism in public service broadcasters are still present, as well as serious concerns about further concentration of the media market and political and economic influence on the media.

The 2026 Rule of Law Report in Serbia also states that media legislation and strategy are not being implemented adequately, that journalists often face public bodies refusing to disclose information or not responding to them at all, and that the safety of journalists has further deteriorated with an increased number of physical attacks and threats.

In the area of ​​institutional checks and balances, the Commission assessed that the effectiveness of parliament and its oversight functions continue to be hampered by the lack of genuine political debate, as well as by the limited ability of members of parliament to adequately consider legislative proposals and contribute to the parliamentary and legislative agenda.

It is indicated that recent progress in electoral reform and the launch of the voter register revision have yet to be fully implemented, that the legal framework for public consultations and its implementation has deteriorated, that ten new judges have been appointed to the Constitutional Court, while three positions remain vacant, and that the exercise of presidential powers remains the subject of intense public debate.

The Commission also assessed that most independent bodies working in the field of fundamental rights still face limited resources, that follow-up to their recommendations remains inconsistent, and that civil society organizations are subject to increased pressure and attacks.

European Commissioner for Enlargement Marta Kos said at the presentation that the Rule of Law Report is important because it shows candidate countries where they can do more to ensure that their institutions can support democracy, protect human rights and apply the law fairly and consistently.

Kos stressed that progress in these areas is a key requirement for EU membership that affects the pace of accession negotiations.

"It also helps attract investment and supports gradual integration into the Single Market," said the European Commissioner, adding that including candidates in reports prepared for member states will help strengthen democracy in the Union's neighborhood and make it safer.