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2023 Regional L. Rev. 249 (2023)
Selection and Evaluation of Judges - Impact of Criteria and Procedure on Independence of Judiciary

handle is hein.journals/rgllr2023 and id is 263 raw text is: 

DOI: 10.56461/iuprlrc.2023.4.ch16

                                                     Marina  MATIC   BOSKOVIC*
                    Institute of Criminological and Sociological Research, Belgrade

                       -  IMPACT OF CRITERIA AND PROCEDURE
                                  ON   INDEPENDENCE OF JUDICIARY

Ever since the adoption of the Constitutional amendments in February 2022, Serbia has
been accelerating judicial reform, including adoption of new judicial package of laws in
early 2023. Dozens of bylaws have to be adopted in 2023 to ensure implementation of the
reforms. One of the key discussion topics is criteria and procedure for selection and eval-
uation of judges as instruments that ensure independence of judiciary. The selection and
evaluation of judges are raising discussions in all countries that are in the process of the
judicial reforms. The EU accession process is the main driver of judicial reforms across
Western Balkan  countries. In order to fulfil EU requirements, the Western Balkan coun-
tries are putting efforts to align the judiciary with the EU standards on independence.
The article provides the brief comparative analysis on the criteria for the recruitment and
evaluation of judges. The analysis consists of best practices of selected jurisdictions for the
recruitment and evaluation of judges, with the focus on the competences judges need to
have, criteria to apply for judicial office, weighting of different factors for selection/evalua-
tion, including the mandatory nature of the decision of the selection committee. The arti-
cle puts special focus on EU member states and EU candidate countries with the aim to
ensure a combination of different practices and factors. Selected countries are grouped in
three categories: old EU member states, EU-11** and the EU candidate countries. Lessons
learned from comparative examples and from previous Serbian experience could provide
useful input for decision makers in the process of judicial reforms to establish legislative
framework  that ensures independence of judiciary.
Keywords:  selection, evaluation, criteria, independence of judiciary, European standards.

*  PhD, Senior Research Fellow, ORCID: 0000-0003-1359-0276,
e-mail: m.m.boskovic@roldevelopmentlab.com
** Poland, Czech Republic, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Hungary, Romania, Bulgaria,
and Croatia.


UDC:  347.962.2

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