CONSTITUTIONALIZATION OF THE JUDICIAL COUNCIL IN NORTH MACEDONIA AND SERBIA – CAN WE LEARN FROM EACH OTHER?

Abstract

North Macedonia and Serbia constitutionalized their judicial councils around the same time. From the perspective of the European model of the judicial council, North Macedonia adhered more closely in implementing their sample model, whilst Serbia foresaw constitutional provisions which had not eliminated the channels of political influence over the judiciary. It was clear, immediately following the adoption of the 2006 Constitution, that Serbia had to amend it if it wished to tie its future to the European integration process. Although that process did not unravel quickly and easily, the constitutional amendments which constitute the improved model of the Judicial Council were adopted in 2022. What is characteristic for modelling of the new Judicial Council is the fact that the amendments were based exclusively on the abstract criticisms of the constitutional provisions from 2006 and the recommendations of the Venice Commission that are necessary to adhere to the European model of the Judicial Council. It is paradoxical that the European model of the judicial council is considered the best solution for post-socialist states, without consideration for concrete socio-economic circumstances in individual states, nor the suppositions for successful functioning of this body. After all, neither the concept of the judicial council has been accepted in all member states of Western Europe, nor all post-socialist states have implemented their institutional reforms in that direction. Some of those states had decided to follow their own, authentic road to the independence of the judiciary. This leads to the question: why the European institutions are insisting on the reform of the judiciary that involves the establishment of a pure variation of the so-called European model of the judicial council when it is not a generally accepted model? Furthermore, it is questionable as to whether it has a universal value. Precisely for that reason, the goal of this paper is to present the specific nature of judicial councils in North Macedonia and Serbia. In light of the 2022 constitutional reform in Serbia, an analysis of the extent these two countries could utilize each other’s experiences, seeing as they have a mutual historical heritage and similar level of development of their democratic and legal culture, could be an enlightening one.