EU on the Rule of Law in Serbia: Delays and deficiencies in the selection of the REM Council undermine public trust in the process.

Since 2020, the European Commission has been publishing annual reports on the rule of law in its member states, and starting from 2023, in candidate countries as well, assessing the situation in four areas – judiciary, anti-corruption, media freedoms, and the functioning of independent institutions.

“Serbia has continued to implement constitutional reforms aimed at strengthening the independence of the judiciary,” the report states, noting that out of 36 planned by-laws, 35 have been adopted.

On the other hand, the European Commission assesses that political pressure on the judiciary is high, “with little or no response from the High Judicial Council or the Prosecutorial Council.”

“Government officials at the highest level, including the president, have continued to make inappropriate public comments regarding ongoing investigations, court cases, and the work of individual prosecutors and judges. These comments include criticisms of judicial decisions and threats of dismissal directed at judges and prosecutors,” the report states.

“High Judicial Council and Prosecutors Passive”

While associations of judges and prosecutors have defended their colleagues in some of these cases, the High Judicial Council and the Prosecutorial Council have remained largely passive, the report notes, emphasizing that “the parliament and government have also failed to react to inappropriate statements made by their members, despite being contrary to their regulations.”

The report also highlights concerning examples of a lack of judicial independence and confidentiality of criminal investigations.

The search of non-governmental organizations' premises in February this year followed statements from high officials, raising doubts about the independence of the prosecution, as well as the fact that confidential information from investigative processes is leaking to the public, the report states.

Speaking about the efficiency of the judiciary, the European Commission assesses that the overall picture is positive for civil, commercial, and criminal cases, while serious challenges remain in managing administrative cases and constitutional appeals.

“Public Perception Indicates High Level of Corruption”

In the area of anti-corruption, the report notes that the perception among citizens, the business community, and experts still indicates a high level of corruption in the public sector.

The European Commission reminds that the collapse of the shelter at the Railway Station in Novi Sad sparked widespread civil protests.

“Authorities have initiated an investigation into corruption allegations related to the tragic incident, which is yet to be completed. Investigations launched under new anti-corruption operations raise doubts about political interference and influence,” the Commission believes, adding that checks on asset declarations and conflicts of interest continue to “show weaknesses.”

The report also points to the problem of frequent exemptions from public procurement laws.

“Exemptions from public procurement laws are widely used, circumventing their application, while oversight mechanisms are inadequate,” states the European Commission, emphasizing that in 2023, the value of procurements exempt from legal rules reached the level of contracts concluded under statutory norms, undermining the effectiveness of the law.

“Editorial Autonomy Becoming an Increasing Problem”

In the chapter on media freedoms and pluralism, the report notes that Serbia adopted new media laws in June 2025, thus “continuing legal alignment” with European standards. However, it emphasizes that the adoption process was not transparent, i.e., that it was conducted without “inclusive consultations,” and that it did not respect the obligation to hold a public debate.

In the opinion of the European Commission, serious concerns remain regarding the independence of the Regulatory Authority for Electronic Media (REM), and delays and shortcomings in the process of selecting a new REM Council undermine public trust in that process.

“In 2024, REM issued five measures: two warnings, one caution, and two temporary bans on broadcasting advertising messages, while no sanctions were imposed on broadcasters who frequently violate the rules, such as reality programs prone to violence,” states the report from the European Commission.

The Commission reminds that a new call for candidates was published on May 8, and that the review of applications is underway, but it emphasizes that the overall delay and unresolved shortcomings in the previous process “raise doubts about the commitment to safeguarding the process from political influence and increasing REM’s independence.”

The European Commission also notes “increasing concern regarding the issues of editorial autonomy and pluralism of public services.”

The Media Pluralism Monitor (MPM) for 2025 has determined that the indicator of “independence of public services” deteriorated in 2024 and considers it an “area of high risk,” according to the European Commission.

The report states that amendments to the Law on Public Broadcasting Services were adopted in June 2025, in order for public broadcasters to become institutionally and functionally more independent.

“It remains to be seen whether the amount of the public service fee established by this law is sufficient to cover the needs of public broadcasters and whether they will have to rely on complementary state funding, which would prevent full financial independence,” the report states.

Concerns remain regarding issues of editorial autonomy, limited pluralism, and biased reporting in favor of the government, the report assesses.

Both public broadcasters have been criticized for their lack of coverage of student protests following the tragic incident at the railway station in Novi Sad.

“Measures to increase transparency in ownership structures and public funding of the media sector have only been partially implemented, and journalists continue to face frequent refusals from public bodies to disclose information of public importance,” the Commission states, noting that the safety of journalists has become “a growing source of concern.”

“Parliament Lacks Debate, Oversight Function Hindered”

In the section on the control and oversight of the executive branch, the Commission notes that the effectiveness and oversight function of the parliament are still hindered by low frequency of sessions and a lack of genuine political debate.

“The fact that four vacant positions in the Constitutional Court remain unfilled is concerning. Three independent bodies working in the area of fundamental rights continue to face limited resources, and monitoring their recommendations remains inconsistent,” concludes the report of the European Commission.

Source:  RTS