REGIONAL COOPERATION AND ECONOMIC INTEGRATION

CEFTA-2006 AND ANHANCING COMPETITIVENESS OF THE REGION - SOME SECTORAL ASPECTS
organisations, and other non-governmental influences, and to be free of repercussions from
such outside influences.
The rule of law and judicial independence contribute to protection and validation of the
legal security and legal equality. Hence the EU insists on consistent separation of powers
and judicial independence and their establishment in Serbia is seen as a reform priority and
a significant condition for joining the EU.
However, past experience shows that the realization of the true separation of powers and
independence of the judiciary in the Republic of Serbia faced with numerous problems.
This situation is a consequence of half a century long experience of the unity government.
Namely, a necessary condition for the rule of law and independence of the judiciary is the
principle of separation of powers, which should allow the independence and autonomy of all
three forms of state power. Separation of powers is a constitutional proclamation in Serbia
until 1990 and in Yugoslavia in 1992. A special problem is that today the independence of
the judiciary is at the level of the constitutional proclamation, while in reality the situation
is still problematic, since the judiciary is often reduced to the offices of the political power.
Also, position of the Ministry of Justice clearly shows the influence of executive authorities
of the judicial power. This is a consequence of the fact that the executive power in Serbia
traditionally tend to be interfere with the exercise of judicial power. It violates separation
of powers, the rule of law and independence of the judiciary.
Due to the above situation it is necessary to implement complete and comprehensive
reforms that aim at the establishment of modern independent and just judiciary and the rule
of law. Only the real implementation of it could be say about a democratic political system
and Serbia as a legal state.
The National Assembly of the Republic of Serbia adopted the National Judiciary Reform
Strategy which is the basic task of creating an independent and effective judiciary capable
of implementation of European standards. The period of six years (2006-2012) is allocated
for the implementation of the National Strategy provides. As a result, it is perhaps too early
to evaluate the reform process, the success of the implementation of reform objectives and
the establishment of an independent judicial system and the rule of law. However, we can
say that so far none of the three conditions referred to the independence of the judiciary is
realized.
The rule of law and independent judiciary ensure legal security necessary for economic
integrations. Without legal security and legal certainty, which result from the rule of law,
regional cooperation and economic integrations would not be feasible. Foreign investments
and economic integrations require legal certainty and security which are the consequence
of the fully and truly implemented the rule of law.
It is depressing that in tree years, which is one half of the period anticipated for the
implementation of the reform of the judiciary, not one goal set by National Judiciary
Reform Strategy has been fully achieved. It remains to be seen whether and to what
extent, the reform objectives identified in the National Strategy whose implementation and
fulfillment is one of the conditions for regional cooperation and the integration of Serbian
in the European Union will be achieved in the upcoming period.
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