Accession of Serbia to the EU: draft EU negotiating position on the judiciary and fundamental rights


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"[T]he Commission notes that Serbia has reached a partial level of alignment and implements some of the acquis, European standards and EU best practices in this chapter. Considerable and sustained efforts are still needed to ensure that the necessary administrative and enforcement capacity will be in place before accession. Issues of particular importance are the independence, impartiality, accountability and efficiency of the judiciary, including on handling war crime cases. The entire system of investigating, prosecuting and trying war crime cases requires further improvements so as to tackle impunity. Furthermore, the effective prevention and fight against corruption and the full respect of the rights of persons belonging to minorities, in particular the Roma minority, remain also of particular importance."


See: European Commission, Accession negotiations with Serbia - Draft common position - Negotiating chapter 23, Judiciary and fundamental rights (in LIMITE Council documents 9821/16 and 9821/1/16 REV 1, pdfs)

The paper covers the following issues:

1. Judicary

  • Independence
  • Impartiality and accountability
  • Professionalism/Competence/Efficiency
  • Domestic handling of war crimes

2. Anti-corruption

  • Preventive action against corruption
  • Repressive action against corruption

3. Fundamental rights

  • General
  • Human rights
  • Procedural safeguards
  • Protection of minorities; cultural rights
  • Measures against racism and xenophobia
  • The protection of personal data

The paper concludes with a series of benchmarks with which the EU wants Serbia to comply "before the next steps in the negotiation process of the chapter Judiciary and fundamental rights can be taken."

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