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Research: The judicial reform is impossible without political will

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Political will for judicial reforms and implementation of the legislative reforms in full to demonstrate that the political elite strongly backs the principle of separation of powers in the country.

This is the most important recommendation-conclusion reached by Metamorphosis Foundation in the research within the regional project on assessing the fulfillment of political criteria for Western Balkan countries’ EU accession.

The main conclusion derives from the general fact that even the best law may fail to be implemented by the holders of political or some other centers of power.

Apart from political will, the recommendations of this research pertain to the provision of solid legislative instruments and their implementation which will prevent political corruption in the State Prosecutor’s Office; strong legislative instruments and political will for implementation thereof to prevent political corruption; change of the legal framework for in-depth check of the accuracy of judges’ and prosecutors’ asset declarations that will be consistently carried out; retention of the concept of appointing judges or prosecutors solely through the Academy for Judges and Public Prosecutors; professionalization of judges and public prosecutors through constant system of training sessions and education; advancement of the information and communication technologies in the judiciary of the RM, unification of judiciary’s IT system with the prosecution and the central registers and other digital databases, advancement of the functionality of the e-judiciary, which means greater investments on the part of the state in the judiciary and prosecution, increased transparency when publishing and availability of court decisions and minutes from hearings.

The entire research is available here.

This is the second research out of five planned within the Western Balkans and the EU Accession process: Application of Political Criteria regional project, implemented by the Center for Democratic Transition from Podgorica, Montenegro. The next papers will cover the reforms in the fight against organized crime and corruption, the media sector reform and the public administration reform.

The project is supported by the Embassy of the Kingdom of Norway in Belgrade and the Balkan Trust for Democracy, a project of the German Marshal Fund of the USA.