Ø Fight Against Corruption 97

REPUBLIC OF SERBIA NEGOTIATION GROUP FOR CHAPTER 23

ACTION PLAN

FOR CHAPTER 23 -DRAFT-

December 2014

1 CONTENT

 INTRODUCTION…………………………………………………………………...3

 JUDICIARY ………………………………………………………………………...9

 FIGHT AGAINST CORRUPTION...... ………………………………………97

 FUNDAMENTAL RIGHTS………………………………………………………163

2 Introduction

1. Commitment to European values

The Republic of Serbia is fully committed to the process of European integration and aware that this process requires substantial and fundamental changes in the judiciary, the anti-corruption system and the protection of fundamental rights, both at the normative and the implementation level. In this sense, in the process of developing the reform steps in Chapter 23, Serbia was primarily guided by the EU acquis. In areas where there is no acquis or it does not cover the whole area, the established standards and best comparative practices were used as a guide for creating reforms, particularly considering the legal heritage of the Republic of Serbia, as well as socio-economic factors conditioning the applicability of the solutions that provide good results in other legal systems. We have attempted to be completely objective in assessing the current situation in all three areas, and ambitious but also realistic in setting the goals, estimating the optimal balance between the needs reflected in the achievements of European standards, often tight deadlines, institutional and administrative capacity and limited financial resources. In the process of drafting the Action Plan, it was helpful that priorities and courses of action were previously defined through a series of strategic documents in the areas such as the judiciary, anti-corruption, anti-discrimination, Roma rights, media freedom and the like. Tangible progress was made in the implementation of sad strategic document. The Action Plan for Chapter 23 follows the course mapped out in these strategic documents, but also advances the process by defining objectives and activities for which the subsequent need arose or it was necessary to identify more detailed evaluation. In this sense, the Action Plan for Chapter 23 represents the overarching strategic document with which all the other strategic documents shall be aligned upon its approval. In this way, the public policy in this area will be precisely defined, and implementation, coordination, timing and funding of the reforms shall be significantly improved.

2. Methodology of drafting the Action Plan

3 In the process of drafting the Action Plan, the negotiating Group for Chapter 23 followed the principles of full transparency and inclusiveness. In accordance with these principles, the work proceeded in two tracks. The first track involved the activities common to all three subchapters, while the second track included work on the individual parts of the Plan on the judiciary, the fight against corruption and fundamental rights. When it comes to activities common to the entire chapter, they included preparatory workshops in the field of methodology of drafting strategic documents, consultative meetings and workshops with the representatives of the negotiating groups of the countries in the region, as well as training in the methodology of budgeting action plans. In addition, the mechanism of the consultative process with civil society organizations has been created at the level of the entire chapter. Therefore, already in the period preceding the bilateral screening, civil society organizations were involved in making presentations on harmonization of the legal system of the Republic of Serbia with the acquis. All civil society organizations were invited to take part in the negotiation process, through a public call addressed through the website of the Office for Cooperation with Civil Society and the Ministry of Justice. Immediately upon receipt of the official version of the screening report, the Ministry of Justice published it at the website, along with the translation into Serbian language. In accordance with the recommendations of TAIEX experts and the Guidelines for the inclusion of civil society organizations in the process of adopting regulations, adopted by the Government of the Republic of Serbia, civil society organizations were invited once again, using the aforementioned methodology, to give their suggestions on the content of the Action Plan, and subsequently a significant portion of their suggestions was adopted and implemented in the form of activities. The first draft of the Action Plan was published on the website of the Ministry of Justice in Serbian and English language. With the support of GIZ, a round table for 150 representatives of civil society organizations was organized, focusing on the discussion on the role of civil society in the design of reform steps in the negotiation process. Simultaneously, the third call to civil society organizations to provide comments on the first draft of the Action Plan was published. The comments have been included in the content of the activities, whereas the negotiating group prepared and published the Report on the involvement of civil society organizations in the process of negotiations for Chapter 23 on the website of the Ministry of Justice and the Office for Cooperation with Civil Society with regard to the extent and manner of adopting the suggestions of civil society, as well as the whole course and the modalities of the consultation process.

Since the Parliament has a key role in a procedure for adoption of the strategic documents in Serbia, the Action Plan is under scrutiny of the Parliament, too. Considering all abovementioned, as a final result, the Action Plan is product of consensus of the all of three branches of government, the independent regulatory bodies, and civil society organizations.

With regard to the methodology of drafting the text of the Action Plan in certain areas, the approach of plenary and bilateral consultative meetings, as well as daily online consultations led by coordinators of the subchapters has been used. For the field of the judiciary, in the process of developing the first draft of the Action Plan, there were three plenary and eighteen bilateral meetings that included representatives of the High Judicial Council, the State Prosecutors Council, Ministry of Justice, Supreme Court of Cassation, the Republic Public Prosecutor's Office, the Prosecutors’ Office for the War Crimes, Judicial Academy and Anti-corruption Agency. Online consultations performed on a daily basis had an important role in the development of the plan, allowing for significant refinement of the activities. For the field of the fight against corruption more than ten consultative meetings was held with representatives of numerous institutions in the field of health, education, customs, including Anti corruption Agency and Council for fight against corruption.

In the field of fundamental rights, due to the nature of the subchapter encompassing a number of areas, a method of bilateral consultative meetings and online consultations was applied. In the process of developing the first draft of the Action Plan, 19 bilateral meetings were held as well as daily online consultations. The representatives of the following institutions were actively involved in the process: the Ministry of Justice, Ministry of Labour, Employment, Veterans and Social Affairs, the Ministry of Culture and Information - Department of Information, Ministry of Interior, the Ministry of State Administration and Local Self-Government, Ministry of Education, Science and Technological Development, the Office of Human and Minority rights, the Republic Public Prosecutor's Office, the Supreme Court of Cassation, the Commissariat for Refugees and Migration, the Administration for Enforcement of Criminal Sanctions, the Administration for Cooperation with Churches and Religious Communities, the Team for Social Inclusion and Poverty Reduction, the Ombudsman, the Commissioner for Information of Public Importance and Personal Data Protection, the Provincial Ombudsman and UNICEF.

When it comes to the methodological and technical approach to the development of the Action Plan, efforts were made to define the activities in a manner that provides a clear, chronological overview of the necessary legislative changes, the institutional framework, as well as the need to strengthen administrative capacities, with the highest possible level of accuracy available at this time, since the implementation of some of the activities is planned in four or five years. Concurrently, a precise definition of the activities whose content is determined by the previous implementation of specific analyses or assessments,

5 had to be postponed for a period after such assessments are performed and their results are available as a starting point for the creation of further reform steps. Consequently, it may requires periodical review and amendments of the Action plan.

In determining the authorities in charge for realization of the planned activities, the maximum level of specification was required to allow the establishment of an effective system of accountability in the implementation of the Action Plan.

A major challenge was the assessment of sufficiently ambitious yet realistic timetables, taking into account both the logical flow of the reforms that needs to be respected, as well as the institutional, administrative and budgetary burden per each year. It was particularly taken into account that the Action Plan envisages amendments to the Constitution, which brings the need for harmonization of the entire normative framework with the adopted changes, and, in this sense, the period immediately following the possible constitutional changes is therefore maximally unloaded from other activities.

Special attention was given to the determination of the indicators to provide mechanisms to measure the impact of the undertaken activities i.e. enabling insight into the degree of the desired results achievement. It was insisted on the fact that the indicators, especially those of the quantitative character are set for all the activities (or parts thereof) in which it was possible to do so. One of the imperatives of the plan development was its financial sustainability. In this regard, particular attention was given to reducing additional budgetary burden on the minimum and maximum utilization, reorganization and coordination in the use of available resources. The costs of implementing the planned activities are expressed with great precision, using a uniform methodology developed for the purposes of Chapter 23 and 24, in cooperation with international financial experts. The methodology is designed in a way that allows that any subsequent updates and changes to the Action Plan result in a very precise expression of the financial effects. One of the important factors in establishing relationships between activities, timelines and funding sources, was the dynamics of the planning and implementation of projects financed from IPA funds. For a more complete picture of the reform roadmap the Action Plane includes several Annexes: 6 a) Uniform Methodology for budgeting; b) Summary of the costs of the Action Plan’s implementation; c) Report on CSO involvement in negotiation process for Chapter 23; d) List of Recommendations from the World Bank Judicial Functional Review with detailed references to the Action Plan’s activities. 3. Mechanisms for implementation of the Action Plan

1.1. Subjects responsible for monitoring the implementation of the Action Plan The responsibility for monitoring the implementation of the activities envisaged in the Action Plan will be shared and entrusted to the Secretariat for implementation of the Action Plan for Chapter 23 (hereinafter: Secretariat), the President of the Negotiating Group for Chapter 23, the Coordination body for the process of accession of the Republic of Serbia to the European Union (hereinafter: Coordination body) and the Council of the Coordination body. The Government of the Republic of Serbia shall make a decision on the establishment of the Secretariat, as a special working body of the Government for the support to the Negotiating Group for Chapter 23, within two months from the adoption of the Action Plan. The Government of the Republic of Serbia shall nominate the members of the Secretariat upon the proposal of the President of the Negotiating Group for Chapter 23. The method of the work of the Secretariat shall be precisely regulated by the Rules of Procedure. The Secretariat for the implementation of the Action Plan for the negotiations for Chapter 23 shall monitor the implementation of the activities envisaged in the Action Plan on a daily basis, instigate early warning mechanism in case of delays and other problems in the implementation of the Action Plan, coordinate the reporting process and provide administrative and technical support to the Negotiating Group for the Chapter 23. The Secretariat shall submit monthly reports on the implementation of the Action Plan to the President of the Negotiating Group on Chapter 23 and the Council of the Coordination Body. In cooperation with the Office for European Integration, the Secretariat shall submit quarterly reports on the implementation of the Action Plan to the Coordination Body and the Committee for European Integration of the National Assembly, as well as an annual report examined and approved by the National Assembly.

7 In cooperation with the European Integration Office, the Secretariat shall ensure the coordination of the reporting process, attempting to avoid overlaps or gaps due to the parallel monitoring of the same or related activities foreseen in the Action Plan and national strategies and action plans in specific areas, for the purpose of the rational use of resources. Within this activity, the Secretariat shall establish ongoing communication with the bodies responsible for monitoring the implementation of national strategic documents and the Secretary of the Negotiating Group, and shall also develop a joint reporting calendar. Administrative, professional and technical support provided by the Secretariat to the Negotiating Group for Chapter 23, includes: 1. Preparation of reports on the implementation of the Action Plan; 2. Preparation of proposals for the update of the Action Plan; 3. Coordination with representatives of other bodies responsible for the implementation of relevant strategies and action plans; 4. Review of projects financed from international sources; 5. Cost estimation of the activities envisaged by the Action Plan; 6. Collection and compilation of statistical data necessary for making strategic decisions, as well as other data determined as indicators for the implementation of the Action Plan; 7. Collection, compilation, processing and analysis of data from all bodies determined as responsible authorities for specific activities set in the Action Plan; 8. Preparation of draft decisions and documents of the Negotiating Group on the basis of the collected and analyzed data.

1.2 Early warning mechanism in case of delays in implementation of the Action Plan In the case of perceived delays, setbacks or other problems in the implementation of the Action Plan, in addition to the regular reports, the Secretariat may issue a warning which is also delivered to the President of the Negotiating Group on Chapter 23 and the Council of the Coordination Body. Depending on the nature of the problems and the responsibilities for their elimination, these bodies shall undertake further measures towards the responsible authorities with a view to remedy the problems in the implementation. In the event that delays or problems in the implementation of activities persist, the President of the Negotiating Group and the Council of the Coordination body shall so inform the Coordination Body and the Committee 8 for European Integration of the National Assembly, which shall, within its jurisdiction, take further measures towards the subjects foreseen in the Action Plan as responsible authorities for undertaking activities whose implementation is delayed or there are other problems in their implementation.

9 1. JUDICIARY

CURRENT STATE OF PLAY:

The legislative framework regulating judiciary in Serbia encompasses:

National Judicial Reform Strategy for the period 2013-2018 ("Official Gazette of the RS", No. 57/13); Action plan for the implementation of the National Judicial Reform Strategy for the period 2013-2018 ("Official Gazette of the RS", No. 71/13 and 55/14); The Constitution of the Republic of Serbia ("Official Gazette of the RS", No. 98/06); Law on the Constitutional Court ("Official Gazette of the RS", No. 109/07 and 99/11); Law on the High Judicial Council ("Official Gazette of the RS", No. 116/08, 101/10 and 88/11); Law on Judges ("Official Gazette of the RS", No. 116/08, 58/09 – decision of the Constitutional court, 104/09, 101/10, 8/12 – decision of Constitutional court, 121/12 and 101/13); Law on Organization of Courts ("Official Gazette of the RS", No. 116/08, 104/09, 101/10, 31/11 – state law, 78/11 – state law, 101/11 and 101/13); Law on the State Prosecutorial Council ("Official Gazette of the RS", No. 116/08, 101/10 and 88/11); The Law on Public Prosecutor’s Office ("Official Gazette of RS", No. 116/08, 104/09, 101/10, 78/11 – state law, 101/11, 38/12 – decision of the Constitutional court, 121/12 and 101/13 ); Law on the Seats and Territorial Jurisdictions of Courts and Public Prosecutors’ Offices ("Official Gazette of the RS", No. 101/13); Law on the Judicial Academy ("Official Gazette of RS", No. 104/09 and decision of Constitutional court No. 32/14); Criminal Procedure Code ("Official Gazette of the RS", No. 72/11, 101/11, 121/12, 32/13, 45/13 and 55/14); Civil Procedure Law ("Official Gazette of the RS", No. 72/11 49/13 – decision of Constitutional court, 74/13 – decision of Constitutional court, 55/14); Law on Non-Contentious Proceedings ("Official Gazette of the RS", No. 25/82 and 48/88 and "Official Gazette of the RS", No. 46/95 – state law, 18/05 – state law, 85/12, 45/13 – state law and 55/14); Law on Enforcement and Security ("Official Gazette of the RS", No. 31/11, 99/11 – state law, 109/13 – decision of Constitutional court and 55/14); Law on Public Notaries ("Official Gazette of the RS", No. 31/11, 85/12, 19/13 and 55/14 – state law); Law on Mediation ("Official Gazette of the RS", No. 55/14); Law on the Bar Exam ("Official Gazette of the RS", No. 16/97); Law on Misdemeanors ("Official Gazette of the RS", No. 65/13); Law on the Public Attorney's Office ("Official Gazette of the RS", No. 55/14); Court Rules of Procedure ("Official Gazette of RS", No. 110/09, 70/11, 19/12 and 89/13); Rules of Procedure of the High Judicial Council ("Official Gazette of the RS", No. 29/13); Rules of Procedure of the State Prosecutorial Council ("Official Gazette of the RS", No. 55/09); Rules on the Administration in Public Prosecution ("Official Gazette of the RS", No. 77/04, 52/07, 2/08, 11/09 and 44/09); Code of Ethics for Judges ("Official Gazette of the RS", No. 96/10), Code of Ethics of Public Prosecutors and Deputy Public Prosecutors of the Republic of Serbia ("Official Gazette of the RS", No. 87/13); Code of Ethics for members of the State Prosecutorial Council ("Official Gazette of the RS ", No. 60/14); Rules of procedure on disciplinary procedure and disciplinary accountability of judges ("Official Gazette of the RS ", No. 71/10); Rules on disciplinary procedure and disciplinary accountability of public prosecutors and deputy public prosecutors ("Official Gazette of the RS ", No. 64/12, 58/14); Rulebook on the criteria for transfer of a judge to another court in the case of the abolition of the substantial part of the jurisdiction of the court to which he was elected ("Official Gazette of the RS", No. 105/13); Rules of Procedure on the criteria and standards for performance appraisal of public prosecutors and deputy public prosecutors ("Official Gazette of the RS", No. 58/14) – Rules of Procedure are experimentally implemented in 18 public prosecutors’ offices in the period from June 18th until December 15th 2014. Upon completion of the experimental implementation, the State Prosecutorial Council will analyze and compile report on the implementation of the Rules of Procedure, stating whether it is necessary to amend it; Rulebook on the criteria, standards, process and bodies for performance evaluation of judges and court presidents ("Official Gazette of the RS", No. /14); Uniform backlog reduction program in the Republic of Serbia, which has been in implementation since January 1 st 2014 (Supreme Court of Cassation Court adopted Uniform program on December 25th 2013); Rules of Procedure on public notary exam ("Official Gazette of the RS", No. 71/11, 81/11, 3/12, 78/12 and 31/13); Initial training program for candidates for exercise of the profession of public notaries for 2014 (adopted on April 7 th 2014); Rules of 10 Procedure on temporary number of public notaries’ positions and the official seats of public notaries and public notaries’ positions for which a competition will be announced for the first 100 public notaries ("Official Gazette of the RS", No. 31/12 and 57/14); Rulebook on determining the number of bailiff/enforcement officers ("Official Gazette of the RS", No. 61/14).

The institutional framework encompass: Constitutional Court, the High Judicial Council, the State Prosecutorial Council, Ministry of Justice, Judicial Academy, Supreme Court of Cassation, four appellate courts, 25 higher courts, 66 basic courts with 25 court units, Misdemeanor court of appeal with three departments, 44 misdemeanor courts, Commercial Court of Appeal, 16 commercial courts, Administrative Court with three departments, the Republic Public Prosecutor’s Office, four appellate public prosecutors’ offices, 25 higher public prosecutors’ offices, 58 basic public prosecutors’ offices.

The judicial system in the Republic of Serbia, as of September 1st 2014, encompasses 2800 judges, 90 public prosecutors and 741 deputy public prosecutors.

National Assembly of the Republic of Serbia enacted the National Judicial Reform Strategy for the period 2013-2018 on July 1 st 2013, which has determined priorities, strategic goals and strategic guidelines of reform measures. The Government of the Republic of Serbia adopted an Action plan for implementation of the National Judicial Reform Strategy for the period 2013-2018 on July 31st which envisages concrete measures and activities for implementation of strategic objectives, defines the deadlines and competent authorities for its implementation and financial sources. National Judicial Reform Strategy for the period 2013- 2018 envisages mechanism to monitor the implementation of reform measures, in the form of Commission for Implementation of the National Judicial Reform Strategy for the period 2013-2018, with the composition of 15 members who are representatives of all relevant stakeholders in the reform process.

Strategy envisages independence, impartiality, competence, accountability and efficiency of the judiciary, as five basic principles and defined priorities, strategic objectives and strategic guidelines of reform measures.

Concerning independence of judiciary, National Judicial Reform Strategy for the period 2013-2018 has identified the need of amending the Constitution in the part which deals with the interference of legislative and executive powers in the process of appointment and dismissal of judges, court presidents, public prosecutors and deputy public prosecutors, elected members of the High Judicial Council and State Prosecutorial Council, and the need for précising the role and status of Judicial Academy, as mechanism for entry to judiciary. In addition, due to length and complexity of amending the Constitution, a series of interim measures are provided aimed at strengthening the independence of the judiciary through amendments to the judicial laws within the provisions of the Constitution of the Republic of Serbia. The High Judicial Council and State Prosecutorial Council, in accordance with the strategic objectives, should become the key institutions of the judiciary with full capacities of their competencies and with precisely defined system of transparency and accountability.

In the first year of implementation of the National Judicial Reform Strategy for the period 2013-2018 set of judicial laws has been amended and judicial independence has been strengthened with these interim measures, within the framework of the current Constitution. At the same time, work has commenced, on an analysis of the provisions of the Constitution of the Republic of Serbia and on the identification of necessary amendments in the part relating to the judiciary. Presidents of the courts of all levels have been appointed. The High Judicial Council and State Prosecutorial Council adopted criteria and standards for the performance appraisal of judges, presidents of courts, public prosecutors and deputy public prosecutors and the Councils have commenced preparing the criteria and standards for appointment to judicial offices. Planed amendments to the Law on the High Judicial Council and State Prosecutorial Council will significantly improve transparency in the work of the Councils. Introduction of program budgets has commenced and capacities of the administrative offices of the High Judicial Council and State Prosecutorial Council have been strengthened. Taking into account the constantly extending the scope of competences of the Councils, it is still evident the need for strengthening the capacities in the fields of finance, analytics and strategic planning.

11 National Judicial Reform Strategy for the period 2013-2018 stipulates implementation of the measures aimed at improvement of impartiality, ethics and integrity of the judicial office holders as well as at the alignment and complete accessibility to the case law and the full realization of the right to the natural judge. In this regard, State Prosecutorial Council has established Board of Ethics, and the same activity is underway in High Judicial Council.

The same strategic document also stipulates establishment of a system of appointment and promotion of judges and public prosecutors according to clear, objective and criteria determined in advance. Following measures in the reform of Judicial Academy are set forth as the strategic approach: Improving initial and continuously training of judges’ and public prosecutors’ associates and assistants, and judicial office holders as well as of representatives of legal professions, along with the system of development of a comprehensive annual training programs and assessment of attendees.

Improvement of operation of disciplinary bodies of the High Judicial Council and State Prosecutorial Council is set forth in the National Judicial Reform Strategy for the period 2013-2018. Despite commencement of operation of those disciplinary bodies, their work has to be much more efficient. Proposed amendments to Law on High Judicial Council and Law on State Prosecutorial Council establishes clear mechanisms of accountability of members of these bodies.

Taking into account that inefficiency has been the biggest judiciary’s problem in the Republic of Serbia for a long time, the National Judicial Reform Strategy for the period 2013-2018 envisages a series of measures aimed at improving efficiency, commencing from improving the procedural laws, establishing e-justice system, as well as the monitoring and correction of the functioning of the judicial network. Alleviation of court of its workload is planned by introducing a system of bailiff/enforcement officers, public notaries and mediation in disputes resolution, which would, along with swift resolution of case backlog and infrastructure investments achieve shorter duration of court proceedings and improve access to justice.

From January 1st 2014 new judicial network has entered into force with increased number of courts and public prosecutors’ offices, which should reduce expenses and contribute to easier access to justice. There have been considerable investments in infrastructure that already, by the end of 2014, suppose to lead to a significant increase in the number of courtrooms, especially in Belgrade, where this problem has existed for decades. Improvement of Information and Communication Technology in courts and public prosecutors’ offices has continued, however there is still a problem with the parallel operation of multiple incompatible systems, making it difficult to monitor the statistical parameters of judicial efficiency, the exchange of information between courts and public prosecutors’ offices, parties’ insight into the status of the case, as well as the duration of proceedings. This status of Information and Communication Technology has a negative impact also on the reach of the automatic case management, which improvement is also caused by the need for the introduction of a case weighting system. The Supreme Court of Cassation has adopted a Uniform backlog-reduction program in the Republic of Serbia that stipulates reduction of backlog of cases by 2018. Furthermore, significant steps have been made towards the relief of courts by using the system of bailiff/enforcement officers. From September 1st 2014 public notaries have commenced working, and from January 1st 2015, upon the enactment of the Law on mediation, legislative framework for the operation of the system of mediation has been created.

From October 1st 2013 the implementation of the Criminal Procedure Code from 2011 has commenced in all courts and public prosecutors’ offices of general jurisdiction, which has introduced prosecutorial investigation as the most important novelty. Despite initial obstacles in implementation, there has been a significant increase in the percentage of proceedings completed by applying the principle of opportunity in criminal prosecution and plea bargain.

Considering that National Judicial Reform Strategy for the period 2013-2018 (priorities and defined goals in the Strategy correspond to recommendations from screening report) has been developed as a result of general consent of all relevant subjects in the field of judiciary, during the process of drawing up the Strategy particular attention was given to take into account crucial activities envisaged in the Action plan for the implementation of the National Judicial Reform Strategy 12 for the period 2013-2018. In this way, higher degree of coherence between these two documents is achieved and supervision over reform implementation is facilitated. In addition, activities envisages in the Action plan for negotiations represent “map” of the reforms, whereas Action plan for the implementation of the National Judicial Reform Strategy for the period 2013-2018 includes broader scope of detail activities. In order to achieve complete cohesion of two documents (particularly concerning deadlines), revision of Action plan for the implementation of the National Judicial Reform Strategy for the period 2013-2018 will be conducted after adoption of Action plan for negotiations. A functional analysis of judiciary in the Republic of Serbia was conducted with the support of the World Bank, with the aim of objective consideration of overall current state of play, as of July 1 st 2014, in the judiciary in the Republic of Serbia, as well as concerning the degree of implementation of the measures provided in the Action Plan for implementation of the National Judicial Reform Strategy for the period 2013-2018. Conclusions and guidelines from the Draft of this document were used as a starting point for defining further reform activities, all in the context of recommendations encompassed in Report from screening.

WAR CRIMES

The legal framework in Serbia encompass: Criminal Code (“Official Gazette of RS”, No 121/12); Criminal Procedure Code (“Official Gazette of RS” No. 72/11, 101/11, 121/12, 32/13,45/13 and 55/14); Law on Mutual Legal Assistance in Criminal Matters (“Official Gazette of RS” No.20/2009); Law on Organization and Competence of Government Authorities in War Crimes Proceedings („Official Gazette of the RS“ No. 67/03, 104/2009); Law on Protection program for participants in Criminal Proceedings („Official Gazette of the RS“ No. 85/2005); Law on Cooperation with the ICTY („Official Gazette of the SRJ“ No. 18/2002, and “Official Gazette of SCG” No. 16/2003); Memorandums and protocols on cooperation concluded directly between Serbian war crime prosecutors office and countries in the region and foreign judicial institutions with the purpose of direct cooperation, and more efficient exchange of information regarding war crimes and perpetrators (Croatia, Bosnia and Herzegovina, Montenegro, EULEX). Jurisdiction for War Crimes in Serbia: 1) Criminal offences from art. 370 through 386 of the Criminal Code; 2) Serious violations of International Humanitarian Law committed in the territory of the former Yugoslavia since January 1 st 1991 stipulated in the Statute of the International Criminal Tribunal for the Former Yugoslavia; 3) Criminal offence from Art. 333 of the Criminal Code - assistance to the perpetrator after the commission of crime, if committed in relation to criminal offences from point 1) and 2) of this Article.

Institutional framework: War Crimes Prosecutor’s Office: Prosecutor, 6 Deputy Prosecutors, 2 Advisers, 3 Assistants; Higher Court, War Crime Department: 6 Judges, 1 Judge for the pre-trial; Ministry of the Interior, War Crimes Investigation Service: Head of the Service, Deputy Head, 2 Chiefs of the Departments, 4 Sections Chiefs, 43 member of the Service; Ministry of the Interior, Witness protection unit; Victims and Witnesses assistance and support Section: 3 employees; It was recognized on the international level that the judicial and prosecutorial resources need to be adequate. This especially, in the light of the number of evidence/cases that are being transferred from the ICTY and regional cooperation. War Crimes Prosecutor’s Office has received, in the recent months, tens of thousands documents, as well as a large number of photo albums and documents from the Prosecutor’s Office of ICTY. In order to address the aforementioned increased inflow of evidence and the workload, War Crimes Prosecutor’s Office should at least build their capacities which are provided in the current systematization. Upon the completion of mandate of Tribunal in the Hague, the responsibility for the prosecution of war crimes is fully transferred to the Republic of Serbia, which must demonstrate that its institutions are dedicated and administratively able to responsibly process all remaining war crimes suspects and to contribute to the process of transitional justice.

New Criminal Procedure Code (CPC) was introduced in War Crime proceedings since January 15 th 2012 and has enabled prosecution control/administration over the investigative phase of the proceedings and has introduced new relations with State authorities and their duties in criminal proceedings. According to new CPC the prosecutor office is leading the pre-investigation proceedings (not investigative judge) and conducting investigation (possibility to conduct investigation against unknown person). Prosecutor’s office has jurisdiction to instruct the police to conduct certain measures while police has obligation to act and to inform 13 prosecutor’s office upon their requests. New CPC has given wider jurisdiction for prosecution in collecting evidence during the investigation and elevated responsibility for the legality in obtaining of evidence. It has been widely agreed by the international observes and organizations that t he courts processes cases more efficiently and the judges perform better under new procedural rules.

In addition to general protection and support for witnesses and victims envisaged by the Criminal Procedure Code in the War Crime proceedings additional special legislation apply in the field of witness and victims support that allows for full implementation for EU Directives regulating this area (2012/29/EU declaration regarding rights, support and protection of victims). In war crime proceedings witnesses and victims have access to: video link testimony; right to interpretation and translation; right to access victim support services; right to avoid contact between victim and offender; protection against secondary victimization; individual assessment of victims to identify specific protection needs; training of staff. Criminal Procedure Code envisages the category of especially vulnerable witness who may be examined outside the Court or with the assistance or a psychologist, social worker or other relevant expert by introducing support during pre-investigation and investigation, improving staff resources and introducing new qualified staff in War Crimes Prosecutor’s Office.

Protection of witnesses outside the court proceedings was criticized regardless of the fact that the law and opportunities for protection exist (available measures include a change of residence; concealment of the witness identity or complete change of identity). Most criticisms were directed towards the Witness protection unit and the activities envisaged in this action plan should address those criticisms by introducing new criteria for hiring new members of the unit based on professional standards, improving the status of its members and training of unit members.

During the cooperation with the ICTY, Serbia handed over 46 suspects to International Criminal Tribunal for the former Yugoslavia (ICTY). Serbia has daily cooperation with the ICTY prosecutor’s office. It should be noted that the Residual Mechanism of the ICTY (pursuant to the Completion Strategy of the ICTY) started functioning on July 1st 2013 and that certain problems arose with transferring evidence from the ICTY to the War Crime Prosecutor’s Office. Namely, redacted witness statements given to investigators of the ICTY are transferred but disclosure of witness identity to the Serbian War Crime Prosecutor’s Office is lacking. War Crime Prosecutor’s Office is for now receiving scarce number of statements on case by case basis but still without the ones that could identify the perpetrators. Statements by those witnesses would open several war crime cases against several members of paramilitary formations and high officials and solution of this problem will be the main incentive for cases against high level perpetrators.

Statistics of war crime proceedings have changed since the Screening report for PG23. Through domestic trials, at the moment 435 persons were processed, currently there is 14 ongoing cases in 1st instance (against 40 defendants) in comparison to 10 cases against 34 defendants in the screening report. As regards regional cooperation, Serbia at this moment has 264 exchanges of information and evidence related to 131 cases with Croatia, 42 with Bosnia and Herzegovina, 9 with Montenegro and 83 with EULEX and the United Nations Interim Administration Mission in Kosovo (UNMIK). 1.1. INDEPENDENCE

RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

14 1.1.1. With the support of external experts, Serbia should make a thorough analysis of the existing solutions/possible amendments Adopted new Constitution and judicial to the Constitution bearing in mind the Venice Commission laws aligned with new Constitution recommendations and European standards, ensuring which, taking into account the independence and accountability of the judiciary. Changes recommendations of the Venice should include, inter alia, the following points: Commission and European standards, ensures the independence of the judiciary  The system for the recruitment, selection, appointment, from political influence, maximally transfer and termination of judge’s office, presidents of restricting influence of legislative and Courts, and prosecutors should be independent of political executive powers in the process of influence and remain of the responsibility of the High recruitment, selection, appointment, Judicial and State Prosecutorial Councils. Entry in the transfer and termination of the judge’s judiciary shall be based on merit-based objective criteria, office, presidents of the courts, and fair in selection procedures, open to all suitably qualified (deputy) public prosecutors, which must 1. Positive opinion of Venice candidates and transparent in terms of public scrutiny. The be based on precise criteria. Constitution Commission on new Constitution in High Judicial Council and the Prosecutorial Council should guarantees entrance in the judiciary part which deals with judiciary; be empowered with leadership and the power to manage the based on merit-based objective criteria, judicial system, including when it comes to immunities. They fair in selection procedures, open to all 2. Positive evaluation by European should have a pluralistic composition, without involvement suitably qualified candidates and Commission stated in Annual of the National Assembly (unless solely declaratory), with at transparent in terms of public scrutiny. Progress Report on Serbia, least 50% of members stemming from the judiciary, The role of High Judicial Council and concerning improvement of representing different levels of jurisdiction. Their elected State Prosecutorial Council in terms of Constitutional provisions. members should be selected by their peers; the management of the judiciary, as well as in the supervision and control of the judiciary has been strengthened; their  Legal or executive authorities should not have the power to composition encompasses at least 50% of supervise or monitor operations of the judiciary; members, selected by their peers, from the ranks of judges and public  Reconsider the probation period of three years for candidate prosecutors, stemming from different judges and deputy prosecutors; levels of jurisdiction (the role of the National Assembly is solely declaratory).  Clarify the grounds for the dismissal of judges; The Constitution clarifies the rules for terminating the mandate of the judges of  Clarify the rules for terminating the mandate of Judges of the Constitutional Court. the Constitutional Court; RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Conduct analysis of - Commission for the IV quarter of Budget of the Analysis 1.1.1.1. provisions of the reform of judiciary 2015. Republic of Serbia, conducted and Constitution and proposing (Working group for report on the 15 amendments to the conducting analysis of results of the Constitution taking into amending constitutional analysis Budgeted in activity account opinion of Venice framework) submitted to the 1.1.1.3. Commission and European Government of standards. the Republic of TAIEX-1750 € Serbia and to the In 2015 National Assembly. 1.1.1.2. Initiating the process of -Authorized proposing … Budget of the A proposal to amending the Constitution authorities according to Republic of Serbia amend the and the adoption of a Article 203 of the Constitution proposal in the National Constitution of the Budgeted in activity adopted in the Assembly to amend the Republic of Serbia 1.1.1.3. National Constitution. In 2015 Assembly. -National Assembly 1.1.1.3. Preparing the draft of the -Working group for … Budget of the Conducted public Constitution and conducting preparing the draft of the Republic of Serbia- debate the public debate. Constitution 521.168€ concerning the draft of the -National Assembly Constitution.

-Government of the Republic of Serbia 1.1.1.4. Submitting the Draft of the -Government of the … Budget of the Venice Constitution to the Venice Republic of Serbia Republic of Serbia Commission Commission on opinion. Budgeted in activity issued Opinion on 1.1.1.3. proposal to amend the Constitution. 1.1.1.5. Adoption of the new -National Assembly … Budget of the New Constitution Constitution. Republic of Serbia- adopted. 39.375 € 1.1.1.6. Adoption of the -National Assembly … Budget of the Constitutional Constitutional law. Republic of Serbia law adopted. Budgeted in activity 1.1.1.5. 1.1.1.7. Alignment of judicial laws -Ministry of Justice … during two Budget of the Adopted judicial with new constitutional quarters after Republic of Serbia laws aligned with provisions (Law on -Government of the adopted and TAIEX new

16 Organization of Courts, Law Republic of Serbia amendments to constitutional on Seats and territorial the Constitution Calculation per law provisions Jurisdiction of Courts and -National Assembly from normative Public Prosecutors’ Offices, framework Law on Judges, Law on Public Prosecutor’s Office, Law on High Judicial Council, Law on State Prosecutorial Council, Law on Judicial Academy) 1.1.1.8. Alignment of by-laws with - Ministry of Justice ...during two Budget of the By-laws in the amended judicial laws quarters after Republic of Serbia field of judiciary -High Judicial Council alignment of aligned with judicial laws Calculation per law amended judicial -State Prosecutorial with new from normative laws. Council Constitution framework

-Supreme Court of Cassation

-Republic Public Prosecutor’s Office

-Judicial Academy RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1.1.2. Ensure permanent appointment of remaining Court Court presidents of remaining basic and Courts are managed by appointed court presidents (in particular of Basic and High Courts); higher courts appointed. presidents.

RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS The National Assembly appoints -High Judicial I quarter of Budget of Republic of Remaining court 1.1.2.1. the remaining court presidents at Council 2015 Serbia presidents of the proposal of the High Judicial basic and higher Council. -National Assembly Activity requiring courts are insignificant costs appointed

17 RECOMMENDATION FROM THE SCREENING REPORT OWERALL RESULT IMPACT INDICATOR

1. Positive evaluation issued by European Commission in Annual Progress Report on Serbia

1.1.3. A fair and transparent system of promotion of judges and Established fair and transparent system, 2. Positive evaluation stated in the prosecutors needs to be established, together with a periodical in which Councils are accountable for Report of High Judicial Council’s professional assessment of judges and prosecutors' performance. decision making for promotion, Working group for monitoring A system to monitor and evaluate the application of those demotion and dismissal of judges and results of judicial laws’ standards in practice should be established. The Councils should public prosecutors, based on periodical implementation bear the responsibility for taking decisions on promotion, professional assessment of judges’ and demotion or dismissal; public prosecutors’ performance 3. Positive evaluation stated in the Report of State Prosecutorial Council’s Working group for monitoring results of judicial laws’ implementation RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 1.1.3.1. Adoption of the Rules on criteria -High Judicial I quarter of In total 10.392€ Adopted Rules on and standards for evaluation of Council 2015. criteria and qualification, competence and Budget of the standards for worthiness for election of judges Republic of Serbia- evaluation of and court presidents. (Criteria for 8.642€ qualification, election to office). competence and (the same activity 1.3.1.3.) TAIEX-1.750€ worthiness for In 2015 election process of judges and court presidents. 1.1.3.2. Adoption of the Rules on criteria, -High Judicial I quarter of In total 8.642€ Rules on criteria, standards and procedures for Council 2015. standards and evaluation of judicial assistants. Budget of the procedures for Republic of Serbia- evaluation of 8.642€ judicial assistants adopted. TAIEX- Budgeted in activity 1.1.1.3.

18 In 2015

1.1.3.3. Council, according to the new -High Judicial Commencing Budget of the Council decides criteria from a) Rules on criteria Council from II quarter Republic of Serbia. on promotion, and standards for evaluation of of 2015. election and qualification, competence and Activity requiring dismissal of worthiness for election of judges insignificant costs holders of judicial and court presidents and from b) offices according Rules on criteria, standards and to the new procedures for evaluation of criteria. judicial assistants, decides on promotion, election and dismissal of holders of judicial offices as interim approach until amending the Constitution and alignment of laws and by-laws to new Constitutional provisions. 1.1.3.4. The establishment and efficient -High Judicial Continuously, Budget of the Working group of operation of the working group of Council commencing Republic of Serbia- High Judicial High Judicial Council for the from I quarter of 30.878 € Council for the monitoring of the results of -Working group of 2015. monitoring of the implementation of judicial laws. the High Judicial In 2015- 7.719 € results of Council for the In 2016- 7.719 € implementation monitoring of the In 2017- 7.719 € of judicial laws results of In 2018- 7.719 € established and implementation of works efficiently. judicial laws 1.1.3.5. Adoption of Rules on the criteria -State Prosecutorial I quarter of Budget of the Adopted Rules on and standards for the evaluation Council 2015. Republic of Serbia- the criteria and of qualification, competence and 8.642€, standards for the worthiness of candidates for evaluation of election process of holders of TAIEX- Budgeted in qualification, prosecutorial office. (Criteria for activity 1.1.3.1. competence and election to office). In 2015 worthiness of (the same activity 1.3.1.4.) candidates for election of prosecutorial office holders.

19 1.1.3.6. State Prosecutorial Council, -State Prosecutorial Commencing Budget of the State according to the new criteria from Council from II quarter Republic of Serbia Prosecutorial Rules on criteria and standards for of 2015. Activity requiring Council decides, evaluation of qualification, insignificant costs according to new competence and worthiness for criteria, on proposing and selection of promotion, candidates to public prosecutor’s selection and office, decides on promotion, dismissal of selection and dismissal of holders holders of the of public prosecutors’ offices as public interim approach until amending prosecutor’s the Constitution and alignment of office. by-laws to new Constitutional provisions. 1.1.3.7. The establishment and efficient -State Prosecutorial Continuously, Budget of the Working group of operation of working group of Council commencing Republic of Serbia- State State Prosecutorial Council for from I quarter of 30.878 € Prosecutorial monitoring the implementation of 2015. Council for the the judicial laws. In 2015- 7.719 € monitoring of In 2016- 7.719 € implementation In 2017- 7.719 € of judicial laws In 2018- 7.719 € established and works efficiently. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1.1.4. Sufficient administrative capacities and financial authority The High Judicial Council and State 1. Increased structure and number of over their own budget needs to be ensured to allow the High Prosecutorial Council have completely employees in Administrative office Judicial and the State Prosecutorial Councils to effectively been ensured with budgetary of High Judicial Council according perform their tasks. Their work should be governed by competencies; their administrative to new systematization based on the transparency and institutional accountability; capacities have been strengthened, their needs of strengthening the work is transparent and is subject to analytical, statistical and managerial institutional accountability. capacities in accordance with extending High Judicial Council’s competencies;

2. Increased structure and number of employees in Administrative office of State Prosecutorial Council according to new systematization 20 based on the needs of strengthening the analytical, statistical and managerial capacities in accordance with extending of State Prosecutorial Council’s competencies;

3. High Judicial Council independently proposes and executes judicial budget;

4. State Prosecutorial Council independently proposes and executes budget of public prosecutor’s office;

5. Sessions of High Judicial Council are, as a rule, open to the public;

6. Decisions of High Judicial Council are reasoned;

7. Reports on work of High Judicial Council are published on the web page of the Council;

8. Clear procedures for institutional responsibility of High Judicial Council and State Prosecutorial Council are established. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 1.1.4.1. Adoption of Law on amendments -Ministry of Justice I quarter of Budget of the Adopted Law on and supplements to Law on the 2015. Republic of Serbia- amendments and High Judicial Council which, -Government of the 30.878 € supplements to within current Constitutional Republic of Serbia Law on the High 21 provisions and opinion of Venice In 2015 Judicial Council Commission, envisages -National Assembly which, within following: current Constitutional -introducing principle of the most provisions, transparent work of this body envisages following: -within the provisions of current -introducing Constitution, improving principle of the procedure of election of High most transparent Judicial Council’s members, all in work of this body the context of strengthening -within the judicial independence provisions of current -introducing mechanisms of Constitution, institutional liability of High improving Judicial Council; procedure of election of High Judicial Council’s members, all in the context of strengthening judicial independence -introducing mechanisms of institutional liability of High Judicial Council; 1.1.4.2. Adoption of Law on amendments -Ministry of Justice I quarter of Budget of the Adopted Law on and supplements to the Law on 2015. Republic of Serbia- amendments and the State Prosecutorial Council -Government of the 30.878 € supplements to which, within current republic of Serbia the Law on the Constitutional provisions, In 2015 State envisages following: -National Assembly Prosecutorial Council which, -introducing principle of the most within current transparent work of this body Constitutional provisions, -improving procedure of election envisages 22 of State Prosecutorial Council’s following: members, all in the context of -introducing strengthening judicial principle of the independence most transparent work of this body -introducing mechanisms of -improving institutional liability of State procedure of Prosecutorial Council; election of State Prosecutorial Council’s members, all in the context of strengthening judicial independence -introducing mechanisms of institutional liability of State Prosecutorial Council; Amending the Rules of procedure -High Judicial I quarter of Budget of the Rules of 1.1.4.3. of High Judicial Council in Council 2015. Republic of Serbia procedure of accordance with amended Law on Budgeted in activity High Judicial the High Judicial Council. 1.1.4.2. Council amended (Activity 1.1.4.2.) in accordance with amended Law on the High Judicial Council. 1.1.4.4. Complete transfer of budgetary -Ministry of Justice II quarter of Budget of the Budgetary competencies from Ministry of 2016. Republic of Serbia competencies Justice to High Judicial Council. -High Judicial transferred from Council Activity requiring Ministry of insignificant costs Justice to High Judicial Council. 1.1.4.5. Introduction of program budget in -High Judicial Commencing Budget of the High Judicial High Judicial Council Council from I quarter of Republic of Serbia- Council 2015. 8.642€ introduced In 2015 program budget.

23 1.1.4.6. Adoption of new Act of -High Judicial Continuously, Budget of the Capacities of systematization of work places in Council commencing Republic of Serbia- Administrative the Administrative Office of High from I quarter of 17.285€ Office of High Judicial Council and 2015. In 2015 Judicial Council strengthening the capacities of strengthened Administrative office of High according to the Judicial Council according to new new systematization based on the systematization needs of strengthening the based on the analytical, statistical and needs of managerial capacities, with the strengthening the aim of changing professional analytical, structure of employees, in statistical and accordance with extending the managerial scope of High Judicial Council’s capacities in competencies. accordance with extending the scope of High Judicial Council’s competencies. 1.1.4.7. Amending Rules of Procedure of I quarter of Budget of the Amended Rules State Prosecutorial Council -State Prosecutorial 2015. Republic of Serbia of Procedure of according to amended Law on Council Budgeted in activity State State Prosecutorial Council. 1.1.4.2. Prosecutorial (Activity 1.1.4.2) Council according to amended Law on State Prosecutorial Council. 1.1.4.8. Complete transfer of budgetary -Ministry of Justice II quarter of Budget of the Budgetary competencies from Ministry of 2016. Republic of Serbia competencies Justice to State Prosecutorial -State Prosecutorial Activity requiring transferred from Council. Council insignificant costs Ministry of Justice to State Prosecutorial Council. 1.1.4.9. Introduction of program budget in -State Prosecutorial Commencing Budget of the State State Prosecutorial Council. Council from I quarter of Republic of Serbia- Prosecutorial 2015. 8.642€ Council 24 In 2015 introduced program budget.

1.1.4.10. Adoption of new Act of -State Prosecutorial Continuously, Budget of the Capacities of systematization of work positions Council commencing Republic of Serbia- Administrative in the Administrative Office of from I quarter of 17.285 € office of State State Prosecutorial Council and 2015. In 2015 Prosecutorial strengthening the capacities of Council Administrative office of State strengthened Prosecutorial Council according according to the to the new systematization based new on the needs of strengthening the systematization analytical, statistical and based on the managerial capacities, with the needs of aim of changing professional strengthening the structure of employees, in analytical, accordance with extending the statistical and scope of State Prosecutorial managerial Council’s competencies. capacities in accordance with extending the scope of State Prosecutorial Council’s competencies. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT High Judicial Council and State High Judicial Council and State 1.1.5. Establish a clear procedure for both Councils to react Prosecutorial Council regularly Prosecutorial Council react according to publicly in cases of political interference in the judiciary and (periodically), and, if necessary, clear and in-advance established prosecution; extraordinarily address to the public procedures in case of political presenting assessment on political interference in the judiciary. interference in the judiciary. RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS Amending Rules of Procedure of -High Judicial I quarter of Budget of the Clear procedure 1.1.5.1. High Judicial Council to define Council 2015. Republic of Serbia for public clear procedure for public Budgeted in activity reacting in cases

25 reacting in cases of political 1.1.4.2. of political interference in the judiciary which interference in the includes regular/periodic, as well judiciary defined as extraordinary public addressing in amended Rules of High Judicial Council, of Procedure of concerning the political High Judicial interference in the judiciary Council 1.1.5.2. Amending Rules of Procedure of -State Prosecutorial I quarter of Budget of Republic of Clear procedure State Prosecutorial Council to Council 2015. Serbia for public define clear procedure for public Budgeted in activity reacting in cases reacting in cases of political 1.1.4.2. of political interference in the operation of interference in public prosecutor’s office which operation of includes regular/periodic, as well public as extraordinary public address of prosecutor’s State Prosecutorial Council, office defined in concerning the political amended Rules of interference in operation of public Procedure of prosecutor’s office. State Prosecutorial Council. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1.1.6. Ensure the full respect of court decisions including by Judicial decisions are fully respected 1. Percentage increase of judges and raising the awareness that criticizing decisions, in particular by whereas awareness, that criticizing public prosecutors who claim that politicians puts the independence at risk; decisions puts the independence at risk, are knowledgeable of European has been improved. standards concerning restrictions of criticizing judicial decisions;

2. Percentage increase of journalists who claim that are knowledgeable of European standards and national norms concerning reporting on court proceedings;

3. Percentage decrease of judges and public prosecutors who consider that their independence has been put at risk by public criticizing judicial 26 decisions;

4. Number of petitions for initiating misdemeanor proceedings concerning violation of the presumption of innocence and the unauthorized disclosure of information in relation to criminal proceedings.

5. Number and structure of decisions which finalized misdemeanor proceedings concerning violation of the presumption of innocence and the unauthorized disclosure of information in relation to criminal proceedings. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 1.1.6.1. Adoption of Code of conduct for -National Assembly II quarter of Budget of the Adopted Code of Members of Parliament (MPs) 2015 Republic of Serbia- conduct for which regulates commenting 17.285 € Members of judicial decisions and procedures. Parliament (MPs) In 2015 which regulates commenting judicial decisions and procedures. 1.1.6.2. Adoption of Code of conduct for -Government of the IV quarter of Budget of the Adopted Code of Members of the Government of Republic of Serbia 2015. Republic of Serbia- conduct for the Republic of Serbia, which 17.285 € Members of the regulates commenting judicial Government of decisions and procedures. In 2015 the Republic of Serbia, which regulates commenting judicial decisions and procedures.

27 1.1.6.3. Amendments and supplements to -Government of the II quarter of Budget of the Amended and the Code of ethics in Police in Republic of Serbia 2015 Republic of Serbia supplemented part which deals with liability of at the proposal of Code of ethics in police officers for unauthorized Ministry of Interior Budgeting in Police in part publication to the media of Negotiating Chapter which deals with information concerning current or 24 (Activity liability of police planned criminal investigations 3.5.2.10.) officers for (Activity 3.5.2.10.) unauthorized publication to the media of information concerning current or planned criminal investigations. 1.1.6.4. Amendments and supplements to -State Prosecutorial During II and III Budget of the Amended and Code of Ethics and Rules of Council quarters of 2015 Republic of Serbia- supplemented to disciplinary procedure and 8.642 € Code of Ethics disciplinary liability of public and Rules of prosecutors and deputy public In 2015 disciplinary prosecutors in part which deals procedure and with liability for unauthorized disciplinary publication in media of liability of public information concerning current or prosecutors and planned criminal investigations. deputy public prosecutors, improved in part which deals with liability for unauthorized publication in media of information concerning current or planned criminal investigations. 1.1.6.5. Drawing up electronic brochure -Republic IV quarter of Budget of the Drawn up on the limits of permissible Secretariat for 2015 Republic of Serbia, electronic commenting judicial decisions Legislature with the 8.642 € brochure on the 28 and procedures for political office support of Ministry limits of holders and its publication on the of Justice, High In 2015 permissible web pages of the National Judicial Council commenting Assembly and the Government of and State judicial decisions the Republic of Serbia. Prosecutorial and procedures Council for political office holders and publicized on the web pages of the National Assembly and the Government of the Republic of Serbia. Conducting initial anonymous -High Judicial IV quarter of IPA 2012 judicial Surveys 1.1.6.6. surveys among judges and public Council 2015. efficiency, first conducted among prosecutors concerning their component judges and public perceptions in relation to putting -State Prosecutorial prosecutors on independence at risk through Council In total 2.500.000 € their perceptions commenting judicial decisions. in relation to -Partners In 2016-40 % putting (1.000.000 €) independence at risk through In 2017-40 % commenting (1.000.000 €) judicial decisions. In 2018- 20% (500.000 €)

1.1.6.7. Organizing seminars, printing and -High Judicial During I and II IPA 2012- Budgeted Seminars for distribution of educational Council, Public quarters of in activity 1.1.6.6. judges and public material to judges and public Relations Service 2016. In 2016 prosecutors are prosecutors in order to adopt organized European standards concerning -State Prosecutorial periodically and respect for judicial decisions and Council, Public educational concerning limits of permissible Relations material is critique of judicial decisions in Service distributed to the context of respect of judges and public judiciary’s independence. -Judicial Academy prosecutors.

29 -Partners

1.1.6.8. Conducting repeated anonymous -High Judicial IV quarter of IPA 2012- Budgeted Repeated surveys surveys among judges and public Council, Public 2016. in activity 1.1.6.6. conducted among prosecutors on perception of Relations In 2016 judges and public putting independence at risk Service prosecutors on through commenting judicial perception of decisions. -State Prosecutorial putting Council, Public independence at Relations risk through Service commenting judicial decisions. -Partners 1.1.6.9. Conducting initial research among -High Judicial IV quarter of IPA 2012- Initial research journalists on the subject of Council, Public 2015. Budgeted in activity conducted among knowledge of European standards Relations 1.1.6.6. journalists on the and national regulation in the field Service subject of of reporting on court proceedings. In 2015. knowledge of -State Prosecutorial European Council, Public standards and Relations national Service regulation in the field of reporting -Partners on court proceedings. 1.1.6.10. Organizing seminars, printing and -High Judicial Continuously, IPA 2012 Organized distribution of educational Council, Public commencing seminars, printed material to journalists in order to Relations from I quarter of Budgeted in activity and distributed adopt European standards and Service 2016. 1.1.6.6. educational national regulations concerning material to respect for judicial decisions and -State Prosecutorial In 2016. journalists in concerning respect of reporting on Council, Public order to adopt court proceedings. Relations European Service standards and national -Ministry of regulation information, concerning Council for press respect for judicial decisions 30 -Partners and limits of permissible critique of judicial decisions in the context of respecting judiciary’s independence. 1.1.6.11. Conducting repeated research -High Judicial I quarter of IPA 2012 Conducted among journalists on the subject Council, Public 2017. repeated research of knowledge of European Relations Budgeted in activity among journalists standards and national regulation Service 1.1.6.6. on the subject of in the field of reporting on court knowledge of proceedings. -State Prosecutorial In 2017. European Council, Public standards and Relations national Service regulation in the field of reporting -Ministry of on court information, proceedings. Council for press 1.1.6.12. Conducting initial research on -High Judicial IV quarter of IPA 2012- Initial research citizens’ perceptions concerning Council, Public 2015. Budgeted in activity conducted on limits of permissible critique of Relations 1.1.6.6. citizens’ judicial decisions in the context of Service In 2015 perception respect for judiciary’s concerning limits independence. -State Prosecutorial of permissible Council, Public critique of Relations judicial decisions Service in the context of respect for -Partners judiciary’s independence. 1.1.6.13. Conducting media campaign to -High Judicial I and II quarter IPA 2012- Budgeted Media campaign increase awareness of citizens Council, Public of 2016. in activity 1.1.6.6. conducted in concerning limits of permissible Relations In 2016 order to increase critique of judicial decisions in Service awareness of the context of respect for citizens judiciary’s independence. -State Prosecutorial concerning limits Council, Public of permissible 31 Relations critique of Service judicial decisions in the context of -Partners respect for judiciary’s independence. 1.1.6.14. After completion of media -High Judicial I quarter of IPA 2012- Repeated campaign, conducting repeated Council, Public 2017. Budgeted in activity research research on awareness of citizens Relations 1.1.6.6. conducted on concerning limits of permissible Service In 2017 awareness of critique of judicial decisions in citizens the context of respect for -State Prosecutorial concerning limits judiciary’s independence. Council, Public of permissible Relations critique of Service judicial decisions in the context of -Partners respect for judiciary’s independence. 1.1.6.15. Efficient processing of cases of -Ministry of Continuously, Cases of public public violations of presumption Information, Sector commencing Budget of the violations of of innocence and tracking records for information and from I quarter of Republic of Serbia- presumption of concerning this type of media 2015. 42.550 € innocence proceedings. efficiently -Public prosecutors’ In 2015-10.638€ processed at the offices motion of In 2016-10.638€ Ministry of -Misdemeanor Information courts In 2017-10.638€ whereas Supreme Court of -Republic Public In 2018-10.638€ Cassation tracks Prosecutor’s Office precise records concerning this -Supreme Court of type of Cassation proceedings. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

32 Suggestions and comments of civil society and professional organizations related to Civil society and professional defining the further steps in the reform 1.1.7. Ensure the involvement of civil society and professional organizations are involved in defining process are regularly discussed at meetings organizations in defining further steps in the reform process and the further steps in the reform process of the bodies for monitoring the in monitoring the implementation of the action plans; and in monitoring the implementation of implementation of action plans (Strategy action plans. Implementation Strategy i.e. Commission for the Implementation of the National Judicial Reform Strategy for the period 2013-2018). RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS Quarterly publication of public -The Office for Quarterly, Budget of the The Office for 1.1.7.1. call to civil society and Cooperation with commencing Republic of Serbia- Cooperation with professional organizations to civil society from IV quarter 21.275 € Civil Society submit suggestions and of 2014. quarterly comments for defining further In 2015- 4.255 € publishes public steps in the reform process. call to civil In 2016- 4.255 € society and professional In 2017- 4.255 € organizations to submit In 2018- 4.255 € suggestions and comments relating to the defining further steps in the reform process. 1.1.7.2. Submitting and consideration of -The Office for Quarterly, Budget of the The Office for quarter reports on comments Cooperation with commencing Republic of Serbia- Cooperation with and suggestions of civil society Civil Society from I quarter 17.020 € civil society organizations referring to of 2015. quarterly submits defining further steps in reform -Strategy In 2015- 4.225 € reports whereas process. Implementation body in charge of Commission In 2016- 4.225 € monitoring of action plans’ In 2017- 4.225 € implementation (Strategy In 2018- 4.225 € Implementation Commission) 33 takes into consideration submitted quarterly reports on comments and suggestions of civil society organizations referring to defining further steps in reform process. 1.1.7.3. Periodically organizing -Office for Continuously, Office for roundtables which would Cooperation with commencing Budget of the Cooperation with discuss achieved goals and Civil Society from II quarter Republic of Serbia- Civil Society possibilities of improving of 2015. 2.000 € periodically cooperation in creating and organizing implementing reform steps. roundtables In 2015- 500 € which would discuss achieved In 2016- 500 € goals and possibilities of In 2017- 500 € improving cooperation in In 2018- 500 € creating and implementing reform steps. 1.1.7.4. Improving other types of -Negotiating Group Continuously, In total 15.015 € Improved cooperation with civil society in for Chapter 23 (the commencing Budget of the cooperation with the process of defining reform Chair) from III quarter Republic of Serbia- civil society in steps, in accordance with: a) of 2014. 13.265 € the process of Guidelines (prepared with the -Ministry of Justice defining reform support of experts from TAIEX) TAIEX- 1750 € steps, in for cooperation between accordance with: institutions (which participate in In 2014- 2.553€ a) Guidelines Chapter 23) and civil society (prepared with and b) Guidelines for inclusion In 2015- 4.803 € the support of of civil society in legislative experts from process. In 2016- 2.553 € TAIEX) for cooperation 34 In 2017- 2.553 € between institutions In 2018- 2.553 € (which participate in Chapter 23) and civil society and b) Guidelines for inclusion of civil society in legislative process. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1.1.8. Ensure the enactment of a special legislation with regards Adopted special regulation with regards to Serbian judicial institutions with jurisdiction in Kosovo, to judicial institutions in the Republic of consistent with Serbian obligations under the First Agreement of Serbia in accordance with obligations of 19th April 2013. the Republic of Serbia arising from First agreement of April 19th 2013. RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS 1.1.8.1. Defining the activities necessary -Ministry of Justice Deadline will Budget of the for implementation of this be defined Republic of Serbia- recommendation, as well as -Government of the during unknown at this deadlines for its implementation, Republic of Serbia negotiations moment will be feasible upon formation of between Kosovo’s1 government and after -National Assembly Belgrade and continuation of negotiations Priština between Belgrade and Priština. 1.2. IMPARTIALITY AND ACCOUNTABILITY

1 This title, without prejudice to the status of Kosovo, is in accordance with UN resolution 1244 and the decision of the International court of Justice on Kosovo’s declaration of independence 35 1. All cases are randomly allocated in courts and prosecution offices.

2. Number of defined and removed Rules for random allocation of 1.2.1. Clarify and implement the rules for random allocation of irregularities concerning implementation cases are clarified and are cases, including through finding technical solutions to avoid of rules on random allocation of cases, implemented consistently, regular circumventing the system. Ensure that the system is not open to from report of supervisory body in High inspection on their implementation manipulation and make it subject to regular inspection by the Judicial Council. is carried out by Inspectorate of inspectorate; High Judicial Council and State 3. Number of defined and removed Prosecutorial Council irregularities concerning implementation of rules on random allocation of cases, from report of supervisory body in State Prosecutorial Council. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 1.2.1.1. Conduct analysis of current -Ministry of justice II quarter of In total Conducted analysis of Information and 2015. 178.342€ current Information Communication Technology -Expert team and Communication systems in terms of hardware, USAID Budget of the Technology systems, software and human resources Republic of in terms of hardware, in courts, public prosecutors -Expert team Serbia- 8.642 €, software and human offices and prisons, with focus MDTF/WB resources in courts, on urgent changes, with MDTF/WB- public prosecutors recommendations for their 32.700€, offices and prisons, improvement. (the same activity with focus on urgent 1.3.6.6. and 1..3.8.2.) USAID changes, with -137.000€ recommendations for their improvements. In 2015

Drawing up Guidelines which -Working group During I and II In total 19.035 € Drawn up Guidelines 1.2.1.2. determines directions of ICT which includes quarter of 2016. which determines system development in Serbia participation of Budget of the directions of ICT and which include data on representatives of Republic of system development in infrastructure of Information Ministry of Justice, Serbia- 17.285 Serbia and which and Communication High Judicial €, include data on Technology and costs of its Council, State infrastructure of maintenance, software and Prosecutorial TAIEX- 1.750 € Information and human resources (the same Council, Supreme Communication 36 activity 1.3.6.7 and 1.3.8.3.). Court of Cassation IPA 2012- Technology and costs Guidelines will be based on the and Republic Public of its maintenance, results of Functional analysis of Prosecutor’s Office Budgeted in software and human judiciary and Analysis of activity 1.1.6.6. resources. Guidelines current state of play (activity are based on the results 1.2.1.1, 1.3.6.6. and 1.3.8.2.). of Functional analysis of judiciary and In 2016 Analysis of current state of play (activity 1.2.1.1, 1.3.6.6. and 1.3.8.2.). 1.2.1.3. Conduct Feasibility study for -Ministry of Justice II quarter of In total Prepared Feasibility the interoperability of current 2016. 2.517.285 € study for the Information and -Expert team interoperability of Communication Technology Budget of the current Information systems within the court system, republic of and Communication as well as with the Information Serbia- 17.285 Technology systems and Communication €, within the court Technology system of the system, as well as with Republic Public Prosecutor's IPA 2012- the Information and Office and with the judicial Communication Administration for the efficiency, third Technology system of Enforcement of Penal Sanctions component the Republic Public as well as with the information Prosecutor's Office and systems of bailiff/enforcement In total with the officers, public notaries, etc. 2.500.000€ Administration for the (the same activity 1.3.6.8. and Enforcement of Penal 1.3.8.4.) In 2016.- Sanctions, as well as 1.017.285€ with the information systems of In 2017.- bailiff/enforcement 1.000.000€ officers, public notaries, etc. In 2018.- 500.000€ 1.2.1.4. On the basis of the Feasibility -Ministry of Justice III quarter of IPA 2012 On the basis of the Study (Activity 1.2.1.3.) prepare 2016. Feasibility Study technical specifications for: a) -Expert team (Activity 1.2.1.3.) development of web services for Budgeted in prepared technical exchanging data between specifications for: a) 37 information systems in activity 1.2.1.3. development of web judiciary, and b) improvement services for of software for automatic exchanging data management of cases in courts between information of general jurisdiction, systems in judiciary, commercial courts, Republic and b) improvement Public Prosecutor's Office and of software for in the Administration for the automatic management Enforcement of Criminal of cases in courts of Sanctions. general jurisdiction, (the same activity 1.3.6.9. and commercial courts, 1.3.8.5.) Republic Public Prosecutor's Office and in the Administration for the Enforcement of Criminal Sanctions. 1.2.1.5. Institutionalization of -Working group Continuously, IPA 2012- Coordination and coordination and management which includes Commencing Budgeted in management of ICT of ICT system through public- participation of from II quarter activity 1.2.1.3. system private or public-public representatives of of 2015. institutionalized partnership. Ministry of Justice, USAID- through public-private (the same activity 1.3.6.0. and High Judicial unknown at this and public-public 1.3.8.6.) Council, State moment, partnership. Prosecutorial USAID will Council, Supreme notify after Court of Cassation drawing up the and Republic Public guidelines Prosecutor’s Office 1.2.1.6. Drawing up protocol on input -Working group II quarter of Budget of Drafted protocol on and exchange of data in ICT which includes 2016 Republic of input and exchange of system with the purpose of participation of Serbia-17.285 € data in ICT system unification of conduct in entire representatives of with the aim of judicial system. Ministry of Justice, In 2016, unification of conduct (the same activity 1.3.6.11 and High Judicial in entire judicial 1.3.8.7.) Council, State IPA 2012 system. Prosecutorial Council, Supreme Budgeted in Court of Cassation activity 1.1.6.6. and Republic Public Prosecutor’s Office 38 1.2.1.7. Conducting trainings and -Judicial Academy, Commencing After conducted commencement of Ministry of Justice, from IV quarter USAID- trainings, input and implementation of Protocol on High Judicial of 2016 and I Unknown at this exchange of data in input and exchange of data in Council, State quarter of 2017. moment, ICT system is carried ICT system. Prosecutorial USAID will out in accordance to (the same activity 1.3.6.12. and Council, all courts notify after Protocol. 1.3.8.8.) and public drawing up the prosecutors offices guidelines

IPA 2012-

Budgeted in activity 1.1.6.6.

In 2016 1.2.1.8. Preparing and adoption of the -Working group, During I and II Budget of Prepared and adopted Program for weighing of cases, established by quarter of 2016. Republic of the Program for as a prerequisite for introducing Minister of Justice, Serbia-30.878 €, weighing of cases, the complexity of the case as which encompass IPA 2012 which introduced the one of the criteria for its representatives of complexity of the case allocation. all instances of Budgeted in as one of the criteria courts and public activity 1.1.6.6. for its allocation. prosecutors’ offices and Ministry of In 2016 Justice 1.2.1.9. Amendments to the Law on -Ministry of Justice III quarter of Budget of the Amended Law on judges in part which deals with -Government of the 2016. Republic of judges in part which allocation of cases by chance, republic of Serbia Serbia- 55.697 € deals with allocation of aiming at implementation of -National Assembly cases by chance, Program for weighing of cases. In 2016 aiming at implementation of Program for weighing of cases. 1.2.1.10. Adoption of amendments to the -Ministry of Justice III quarter of Budget of the Adopted amendments Law on Public Prosecutor’s 2015. Republic of to the Law on Public Office in order to ensure -Government of the Serbia-55.697 € Prosecutor’s Office transfer of competencies for Republic of Serbia which ensured transfer adoption of Rules on In 2015 of competencies for administration in the public -National assembly adoption of Rules on prosecution and transfer of administration in the 39 supervision over its public prosecution and implementation from Ministry transfer of supervision of Justice to State Prosecutorial over its Council. implementation from Ministry of Justice to State Prosecutorial Council. 1.2.1.11. Adopt amendments to the Court -High Judicial During IV Budget of the Rules concerning Rules of Procedure in order to Council quarter of 2016 Republic of random allocation of clarify rules concerning random and I quarter of Serbia-30.878 €, cases (allocation of allocation of cases (by chance), 2017. cases by chance) have which will take into account In 2016 been clarified upon complexity of cases as one of adoption of criteria for case allocation. IPA 2012 amendments to the Court Rules of Budgeted in Procedure. activity 1.1.6.6. 1.2.1.12. Adopt amendments to the Rules -State Prosecutorial During IV Budget of the Rules concerning on administration in public Council quarter of 2016 Republic of random allocation of prosecutors offices in order to and I quarter of Serbia-30.878 €, cases (allocation of clarify rules of random 2017. cases by chance) have allocation of cases (by chance), In 2016 been clarified upon which will take into account adoption of complexity of cases as one of IPA 2012 amendments to the criteria for case assignment. Rules on Budgeted in administration in activity 1.1.6.6. public prosecution.

1.2.1.13. Establishing preparatory -High Judicial During IV IPA 2012- Preparatory departments in courts, which are Council quarter of 2016 Budgeted in departments in courts in charge of, inter alia, weighing and I quarter of activity 1.1.6.6. have been established. of cases. 2017. 1.2.1.14. Establishing preparatory -State Prosecutorial During IV IPA 2012- Preparatory departments in public Council quarter of 2016 Budgeted in departments in public prosecutors’ offices, which are and I quarter of activity 1.1.6.6. prosecutors’ offices in charge of, inter alia, weighing 2017. have been established. of cases. 1.2.1.15. Preparing of program of training -Judicial Academy During IV Budget of the Conducted training of for work in preparatory quarter of 2016 Republic of judicial associates and

40 departments for weighing of -High Judicial and I quarter of Serbia-17.285 €, prosecutorial assistants cases and carrying out training Council 2017. In 2016 for work in preparatory of judicial associates and departments of courts prosecutorial assistants for work -State Prosecutorial IPA 2012- and public prosecutors’ in preparatory departments for Council offices. weighing of cases. Budgeted in activity 1.1.6.6. 1.2.1.16. Commencement of the -Ministry of Justice Commencing Budget of Commenced implementation of provisions of from II quarter Republic of implementation of Law on organization of the -High Judicial of 2016. Serbia- 30.878 € provisions of Law on courts that regulates jurisdiction Council organization of the for the conducting of duties of IPA 2012- courts that regulates judiciary administration in order jurisdiction for the to transfer jurisdiction of Budgeted in conducting of duties of Ministry of justice in the field of activity 1.1.6.6 judiciary following duties: supervision administration in order over the work of courts, In 2016 to transfer jurisdiction supervision over the results of of Ministry of justice the work of courts, collecting of in the field of statistical data and analysis of following duties: statistical data from Ministry of supervision over the Justice to High Judicial Council. work of courts, supervision over the results of the work of courts, collecting of statistical data and analysis of statistical data from Ministry of Justice to High Judicial Council. 1.2.1.17. Coherent implementation of Continuously, Budget of the Rules on random amended rules on random commencing Republic of allocation of cases in allocation of cases in courts -Supreme Court of from II quarter Serbia courts are coherently with regular supervision of their Cassation of 2017. implemented and implementation. Part of regular regular supervision of -High Judicial activities, their implementation is Council without special carried out. costs (ICT system)

41 1.2.1.18. Coherent implementation of Continuously, Budget of the Rules on random amended rules on random -Republic Public commencing Republic of allocation of cases in allocation of cases in public Prosecutor’s Office from II quarter Serbia public prosecutors prosecutors’ offices with regular of 2017. Part of regular offices are consistently supervision of their -State Prosecutorial activities, implemented and implementation Council without special regular supervision of costs (ICT their implementation is system) carried out RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1.2.2. Strengthen the accountability of judges and prosecutors The accountability of judges and 1. Positive evaluation by European through a strict application of all legal and disciplinary means, public prosecutors strengthened Commission concerning the system of including through : through a strict application of all accountability of judges and public legal and disciplinary means, prosecutors stated in the Annual Progress  Ensuring the effective implementation of "conflict of including through the effective Report on Serbia; interest" rules and amending them if need be; implementation of "conflict of interest" rules; effective verification 2. Number of asset declarations of judges  Ensuring the effective verification of asset declarations and cross-checking of asset and public prosecutors which were and cross-checking with other relevant information; declarations; effective monitoring subject to effective verification and of compliance with the code of cross-checking in the course of one year;  Effective monitoring of compliance with the code of ethics and carrying out trainings for ethics and carrying out further evaluation activities and judges and public prosecutors in the 3. Increased number of judges and public training of judges and prosecutors in ethical behavior; field of ethics; effective prosecutors included in ethics training; implementation of rules on  Review where necessary and effectively implement rules disciplinary accountability, 4. Results of the evaluation of judges and on disciplinary and dismissal procedures; functional immunity, dismissal public prosecutors included in ethics procedures and accountability of training;  Re-assessing the system of functional immunity ensuring judges and public prosecutors. The full accountability of judges and prosecutors under respective Councils have both an 5. Positive evaluation on the degree of criminal law. inspection capacity based on clear compliance with the code of ethics from rules and bestowed with powers the reports of ethics committees of the allowing them to act ex officio or on High Judicial Council and State signals from citizens, state bodies Prosecutorial Council; or other legal entities related to inter alia questions of integrity or 6. Data on the number of disciplinary professional failure charges and disciplinary proceedings against judges and public prosecutors from the reports of the disciplinary bodies of the High Judicial Council and 42 State Prosecutorial Council;

7. Data on criminal charges and criminal proceedings against judges and public prosecutors; RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Amending the Law on the Anti- -Ministry of Justice I quarter of Amendments to the 1.2.2.1. Corruption Agency in order to 2015. In total 72.886 € Law on the Anti- strengthen competencies, -Anti-Corruption Corruption Agency entrusted to Agency, in relation to Agency Budget of the adopted which have monitoring of implementation of republic of strengthened the the provisions concerning: -Government of the Serbia- 71.136 control mechanism of conflicts of interests, verification Republic of Serbia €, the Agency in the and cross-checking of information implementation of the from assets declaration which -National Assembly ТАIEX- 1.750 € provisions on conflicts have been delivered by the of interests, as well as judicial office holders. In 2015 verification and cross- (Connected activity 2.2.1.1.) checking information from assets declaration of the judicial office holders. 1.2.2.2. Regular notification by -Presidents of the Continuously Budget of the Court presidents and institutions to the Anti-Corruption courts and public Republic of public prosecutors Agency concerning taking the prosecutors Serbia regularly submit judicial office and concerning Part of regular notifications termination of the judicial offices -Anti-Corruption activities, concerning taking the in order to, in more efficient Agency without special judicial offices and manner, check the existence of costs their termination. conflict of interests. 1.2.2.3. Regular notifying of High Judicial -Presidents of the Continuously Budget of the Presidents of the courts Council on submitted courts Republic of regularly notify High notifications to Anti-Corruption Serbia Judicial Council on Agency concerning taking the -High Judicial Part of regular submitted notifications judicial offices and their Council activities, to the Anti-Corruption termination. without special Agency concerning costs taking the judicial office and their termination. 43 1.2.2.4. Regular notifying of State -Public Prosecutors Continuously Budget of the Public prosecutors Prosecutorial Council on Republic of regularly notify State submitted notifications to the -State Prosecutorial Serbia Prosecutorial Council Anti-Corruption Agency Council Part of regular on submitted concerning taking the activities, notifications to the prosecutorial office and its without special Anti-Corruption termination. costs Agency concerning taking the prosecutorial office and its termination. 1.2.2.5. Improvement of cooperation -Judicial office Continuously Budget of the Judicial office holders between High Judicial Council holders Republic of regularly submit assets and State Prosecutorial Council Serbia declaration to the Anti- on the one side and Anti- Part of regular Corruption Agency. Corruption Agency on the other activities, Improved cooperation side in order to coherently without special between High Judicial implement duties of submitting costs Council and State reports on assets and incomes Prosecutorial Council (assets declaration) of judicial on the one side and office holders. Anti-Corruption Agency on the other side. 1.2.2.6. Strengthening administrative -Anti-Corruption For analysis: II Budget of the Strengthened Agency’s capacities of Anti-Corruption Agency quarter of 2016. Republic of capacities in Agency in accordance with the Serbia, IPA accordance to the new previously conducted analysis of For acting 2013 systematization which existing capacities in particularly: according to is drawn up according -organization structure analysis: IV Budgeting in to amendments and -number of employees quarter of 2017. activity 2.2.1.4. supplements to the -level of competence Law on Anti- In line with the new . Corruption Agency. systematization prepared in accordance with amendments and supplements to Law on Anti corruption Agency (Connected activity 2.2.1.4.) 1.2.2.7. Analysis and amending normative -Working group During II and III Requirements for framework which regulates: established by quarter of 2015. In total 32.628 € dismissal of judges are -requirements for dismissal of Minister of Justice précised; provisions judges with the aim of précising that regulate 44 the requirements; -Ministry of Justice jurisdiction of -jurisdiction for conducting Budget of the Disciplinary disciplinary procedure and -Government of the Republic of commission and statute decision making, with the aim of Republic of Serbia Serbia- 30.878 € of limitations for examination of double jurisdiction , disciplinary of disciplinary commission; -National Assembly misdemeanor are -statute of limitations for ТАIEX- 1.750 € précised and redefined. disciplinary misdemeanor In 2015 1.2.2.8. Analysis and amending normative -Working group During II and III Budget of the Requirements for framework which regulates: established by quarter of 2015. Republic of dismissal of public -requirements for dismissal of Minister of Justice Serbia, prosecutors are public prosecutor’s office holders Budgeted in précised; provisions with the aim of précising the -Ministry of Justice activity 1.2.2.7. that regulate requirements; -Government of the jurisdiction of -jurisdiction for conducting Republic of Serbia Disciplinary disciplinary procedure and commission and statute decision making, with the aim of -National Assembly of limitations for examination of double jurisdiction disciplinary of disciplinary commission; misdemeanor are -statute of limitations for précised and redefined. disciplinary misdemeanor 1.2.2.9. Amending Rules of Procedure of -High Judicial I quarter of Budget of the Adopted amended High Judicial Council which Council 2015. Republic of Rules of Procedure of envisages establishment of Board Serbia High Judicial Council of Ethics of High Judicial Council Budgeted in which provides as a permanent working body. activity 1.1.4.2. establishment of Board of Ethics of High Judicial Council. 1.2.2.10. Amending Code of Ethics for -High Judicial During II and Adopted amended Judges in order to clarify Council III quarter of Budget of the Code of Ethics for provisions which define 2015. Republic of Judges with clarified disciplinary liability of judges for Serbia-8.642 € provisions which non-compliance with Code of In 2015 stipulate disciplinary Ethics for Judges. liability of judges for non-compliance with Code of Ethics for Judges.

45 1.2.2.11. Amending Code of Ethics for -State Prosecutorial During II and III Budget of the Adopted amended public prosecutors and deputy Council quarters of Republic of Code of Ethics for public prosecutors in order to 2015. Serbia public prosecutors and clarify provisions which stipulate Budgeted in deputy public disciplinary liability of public activity 1.1.6.4. prosecutors with prosecutors’ office holders for clarified provisions non-compliance with Code of which stipulate Ethics. disciplinary liability of public prosecutors’ office holders for non- compliance with Code of Ethics for public prosecutors and deputy public prosecutors. 1.2.2.12. Adoption of Rules of Procedure -High Judicial II quarter of Budget of the Rules of Procedure of of Board of Ethics of High Council 2015. Republic of Board of Ethics of Judicial Council which will Serbia High Judicial Council regulate monitoring of Part of regular adopted which compliance with Code of Ethics activities, regulates monitoring of for Judges and conducting without special compliance with Code activities of evaluation and costs of Ethics for Judges training of judges on ethics. and conducting activities of evaluation and training of judges on ethics. 1.2.2.13. Adoption of Rules of Procedure -State Prosecutorial IV quarter of Budget of the Rules of Procedure of of Board of Ethics of State Council 2014. Republic of Board of Ethics of Prosecutorial Council which will Serbia State Prosecutorial envisage monitoring of Part of regular Council adopted which compliance with Code of Ethics activities, envisages monitoring for public prosecutor’s office without special of compliance with holders and conducting activities costs Code of Ethics for of evaluation and training of public prosecutors and public prosecutor’s office holders deputy public on ethics. prosecutors and conducting activities of evaluation and training of public prosecutors’ office holders on ethics

46 1.2.2.14. Organizing seminars for judicial -Judicial Academy Continuously, IPA 2013 Seminars for judicial office holders on integrity rules commencing office holders on and ethics. -High Judicial from III quarter (Strengthening integrity rules and Council of 2015. of consistent ethics are regularly legal system of organized. -State Prosecutorial the Republic of Council Serbia through improvement of uniform implementation of laws and improvement of educational activities of Judicial Academy)

In total 2.100.000€

In 2015- 840.000€

In 2016- 840.000€

In 2017- 420.000€ 1.2.2.15. Drawing up brochure for judges -High Judicial IV quarter of Brochure for increasing awareness on Council 2015. Budget of the encompassing ethics’ ethics’ rules. Publishing brochure Republic of rules is drawn up and on the web page of High Judicial Serbia-8.642 € available on the web Council. In 2015 page of High Judicial Council. 1.2.2.16. Drawing up brochure for public -State Prosecutorial IV quarter of Brochure prosecutors for increasing Council 2015. Budget of the encompassing ethics’ awareness on rules of ethics. Republic of rules is drawn up and Publishing brochure on the web Serbia-8.642 € available on the web page of State Prosecutorial In 2015 page of State Council. Prosecutorial Council. 47 1.2.2.17. Amending Rules of Procedure on -High Judicial III quarter of Adopted amended disciplinary proceedings and Council 2015. Budget of the Rules of Procedure on disciplinary liability of judges Republic of disciplinary with the purpose of introducing Serbia-8.642 € proceedings and proactive approach of disciplinary In 2015 disciplinary liability of bodies in monitoring of judges which stipulates compliance with Code of Ethics proactive approach of for Judges. disciplinary bodies in monitoring of compliance with Code of Ethics for Judges adopted. 1.2.2.18. Amending Rules of Procedure on -State Prosecutorial III quarter of Adopted amended disciplinary proceedings and Council 2015. Budget of the Rules of Procedure on disciplinary liability of public Republic of disciplinary prosecutors and deputy public Serbia-8.642 € proceedings and prosecutors with the purpose of In 2015 disciplinary liability of introducing proactive approach of public prosecutors and disciplinary bodies in monitoring deputy public of compliance with Code of prosecutors which Ethics for public prosecutors and stipulates proactive deputy public prosecutors. approach of disciplinary bodies in monitoring of compliance with Code of Ethics for public prosecutors and deputy public prosecutors adopted. 1.2.2.19. Effective implementation of Rules -High Judicial Continuously Budget of the Disciplinary bodies of of Procedure on disciplinary Council, Republic of High Judicial Council proceedings and disciplinary disciplinary bodies Serbia effectively implement liability of judges. Part of regular Rules of Procedure on activities, disciplinary without special proceedings and costs disciplinary liability of judges. 1.2.2.20. Effective implementation of Rules -State Prosecutorial Continuously Budget of the Disciplinary bodies of of Procedure on disciplinary Council, Republic of State Prosecutorial proceedings and disciplinary disciplinary bodies Serbia Council effectively 48 liability of public prosecutors and Part of regular implement Rules of deputy public prosecutors. activities, Procedure on without special disciplinary costs proceedings and disciplinary liability of public prosecutors and deputy public prosecutors. 1.2.2.21. Conduct analysis of provisions -Working group, In total-17.189€ Conducted analysis of that regulate functional immunity established by provisions that regulate of judicial office holders. Minister of Justice, Budget of the functional immunity of whose members are IV quarter of Republic of judicial office holders. 2015. representatives of Serbia-15.439 €, Ministry of Justice, High Judicial TAIEX- 1.750 €, Council and State Prosecutorial Council 1.2.2.22. Implementation of measures in -Ministry of Justice I quarter of Budget of the Implemented measures accordance with conducted 2016. Republic of in accordance with analysis. -High Judicial Serbia conducted analysis. Council Unknown at this moment -State Prosecutorial Council 1.3. PROFESSIONALISM/COMPETENCE/EFFICIENCY:

RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1.3.1. Develop the Judicial Academy as a center for continuously The Judicial Academy has been 1. Continuous and initial trainings are held and initial training of judges and prosecutors in line with the improved as a center for continuous according to annual curriculum; rulings of the Constitutional Court on the provisions of the laws and initial training of judges and on the public prosecution and the Judicial Academy, including public prosecutors in line with the 2. Infrastructure and staff capacities of through: rulings of the Constitutional Court Judicial Academy have been on the provisions of the laws on the strengthened;  introducing a yearly curriculum covering all areas of Public prosecutor’s Office and the law, including EU law; Judicial Academy. Trainings are 3. Programs of continuous, specialized and held according to annual curriculum initial trainings are subject to regular 49 control of quality and are improved according to the results of control;

 allocating sufficient resources and introduce a quality covering all areas of law, including control system for initial and specialized training; EU law and are subject to regular 4. Needs for training and education for control. judicial office holders are determined as part of their annual evaluation, and in accordance with the real needs of the system. ACTIVITIES RESPONSIBLE TIMEFRAME/ FINANCIAL RESULT IMPLEMENTATION AUTHORITY DEADLINE RESOURCES STATUS 1.3.1.1. Conducting Functional analysis of -Judicial Academy IV quarter of Total - 64.358 € Conducted Functional Judicial Academy’s needs which 2014. analysis of Judicial encompasses data on program -Ministry of Justice Budget of the Academy’s needs and duties, organizational, financial Republic of determined funds in and spacious needs and -High Judicial Serbia-30.878 €, accordance with the determining funds in accordance Council results of the analysis. with the results of the analysis. -State Prosecutorial SIDA(PROFID Council FOND)- 33.480 €

In 2014 1.3.1.2. Implementation of measures for -Judicial Academy Continuously, Budget of the Coherent improvement of program, commencing Republic of implementation of organization of work, financial -Ministry of Justice from I of 2015. Serbia, measures for and spacious needs of Judicial donations improvement of Academy in accordance with the -High Judicial Budgeted in program, organization results of functional analysis Council activity 1.3.1.7. of work, financial and (activity 1.3.1.1.), with the focus spacious needs of on transition from donor/project -State Prosecutorial Judicial Academy in financing (which dominates in the Council line with the results of period of capacity building of functional analysis Judicial Academy) to budget (activity 1.3.1.1.). financing after Judicial Academy Since capacities of the starts working in full capacities. Judicial Academy have been built with the significant assistance of donor/project funds, budget of the Republic

50 of Serbia becomes dominant source of financing. 1.3.1.3. Adoption of Rules on the Criteria -High Judicial I quarter of Budget of Adopted Rules on the and Standards for the Evaluation Council 2015. Republic of Criteria and Standards of the Qualification, Competence Serbia, for the Evaluation of and Worthiness of Candidates for Budgeted in the Qualification, election of judges and presidents activity 1.1.3.1. Competence and of courts, which envisages initial Worthiness of training completed at Judicial Candidates for election Academy as significant advantage of judges and during evaluation of qualifications presidents of courts, and competences for election to which envisages initial judicial office. training completed at (connected activity 1.1.3.1.) Judicial Academy as significant advantage during evaluation of qualifications and competences for election to judicial office. 1.3.1.4. Adoption of Rules on the Criteria -State Prosecutorial I quarter of Budget of Adopted Rules on the and Standards for the Evaluation Council 2015. Republic of Criteria and Standards of the Qualification, Competence Serbia, for the Evaluation of and Worthiness of Candidates for Budgeted in the Qualification, the process of nominating and activity 1.1.3.5. Competence and selection to Prosecutorial Office, Worthiness of which envisages initial training Candidate for the completed at Judicial Academy as process of nominating significant advantage during and selection to evaluation of qualifications and Prosecutorial Office competence for selection to public Holders, which prosecutorial office. envisages initial (connected activity 1.1.3.5.) training completed at Judicial Academy as significant advantage during evaluation of qualifications and competence for selection to public 51 prosecutorial office. 1.3.1.5. Number of attendees of initial -Judicial Academy Continuously, Budget of Number of attendees of training is determined taking into commencing Republic of initial training reflects account conclusions and -High Judicial from IV quarter Serbia real necessities of recommendations from Strategy Council of 2016. Budgeted in judicial network and is of Human Resources for Judiciary activity 1.3.1.7. in accordance with (activity 1.3.4.2.) -State Prosecutorial conclusions and Council recommendations from Strategy of Human Resources for Judiciary. 1.3.1.6. Drawing up and adoption of -Judicial Academy Continuously, Budget of Judicial Academy annual curriculum of training that commencing Republic of regularly proposes covers all areas of law (including -High Judicial from IV quarter Serbia, whereas High Judicial EU law and human rights) and Council of 2016 IPA 2013, Council and State skills necessary for work in TAIEX Prosecutorial Council judiciary, and in particular usage -State Prosecutorial Budgeted in adopt annual of ICT system, legal analysis, Council activity 1.3.1.7. curriculum of methodology and method of trainings. decision drafting. Annual training curriculum has to encompass education in the field of management intended for court managers, court presidents and public prosecutors. 1.3.1.7. Preparing assessment of -Judicial Academy IV quarter of Assessed future budgetary load which includes in cooperation with 2015 Budget of budgetary load due to several years transition plan, due Ministry of Republic of complete transfer of to complete transfer of Judicial Finance, Ministry Serbia- Judicial Academy to Academy to financing at the of justice, High 4.076.500€ financing at the expense of the budget of the judicial Council and expense of the budget, Republic of Serbia. State Prosecutorial In 2015.- in accordance with Council 1.019.125€ several years transition plan. In 2016.- 1.019.125€

In 2017.- 1.019.125€

52 1.3.1.8. Development of monitoring -Judicial Academy Continuously, Budget of the Developed system system concerning quality of commencing Republic of concerning monitoring initial, continuous and specialized -High Judicial from I quarter of Serbia, of quality of initial, training. Council 2015. Budgeted in continuous and activity 1.3.1.7. specialized training. -State Prosecutorial Council RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Developed system of evaluation and of appraisal of training attendance;

2. High Judicial Council and State Prosecutorial Council send judges and public prosecutors to continuous training 1.3.2. Develop a system that allows assessing training needs as The assessment of training needs is based on the results of their performance part of the overall evaluation of performance of judges and part of the performance appraisal of appraisal, and based on the results of the prosecutors; judges and public prosecutors. evaluations from previous trainings;

3. Annual curriculums of trainings for judges and public prosecutors are proposed and adopted taking also into account performance appraisal results of judges and public prosecutors. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Defining criteria for sending -High Judicial Continuously, Budget of the High Judicial Council 1.3.2.1. judges to additional training based Council commencing Republic of sends judges to on the performance appraisal from III and IV Serbia, additional trainings results, and based on the results -Judicial Academy quarter of 2015. Budgeted in (which are of the evaluations from previous activity 1.3.1.7. implemented by trainings; sending judges to Judicial Academy), additional training according to according to criteria set the results of performance in advance in appraisal; implementation of accordance to the training. performance appraisal results and in accordance to the 53 results from the evaluations from previous trainings. 1.3.2.2. Defining criteria for sending -State Prosecutorial Continuously, Budget of the State Prosecutorial public prosecutor’s office holders Council commencing Republic of Council sends public to additional trainings based on from IV quarter Serbia, prosecutor’s office performance appraisal results, and -Judicial Academy of 2015. Budgeted in holders to additional based on the results of evaluations activity 1.3.1.7. trainings which are from previous trainings. Sending implemented by public prosecutor’s office holders Judicial Academy to additional trainings. based on the criteria for sending public prosecutor’s office holders to additional training based on performance appraisal results, and based on the results of evaluations from previous trainings defined. 1.3.2.3. Annual curriculums for training -High Judicial Continuously, Budget of the Annual curriculums for for judges are proposed and Council commencing Republic of training for judges are adopted taking also into account from I quarter of Serbia proposed and adopted performance appraisal results of -Judicial Academy 2016. taking into account judges. Budgeted in also performance activity 1.3.1.7. appraisal results of judges. 1.3.2.4. Annual curriculums for trainings -State Prosecutorial Continuously, Budget of the Annual curriculums for for public prosecutor’s office Council commencing Republic of trainings for public holders are proposed and adopted from I quarter of Serbia prosecutor’s office taking also into account -Judicial Academy 2016. Budgeted in holders are proposed performance appraisal results of activity 1.3.1.7. and adopted taking public prosecutors or deputy also into account public prosecutors. performance appraisal results of public prosecutor’s office holders.

54 RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1.3.3. Conduct a comprehensive analysis prior to taking further Conducted comprehensive analysis 1. Using clear, in advance defined, steps in the reform of the court network, including in terms of of the costs, efficiency and access methodology following data are cost, efficiency and access to justice; to justice as the foundation for regularly monitored: taking further steps in the reform of the court network. - number of courts and public prosecutors offices per 100 000 inhabitants;

- number of judges and public prosecutors per 100 000 inhabitants;

- average and maximum distances of courts and public prosecutors offices from settlements on the territory of that court or public prosecutor’s office;

- the terms and scope of the exercise the right to free legal aid;

- the terms and scope of the exercise of the right to a legal remedy;

-the amount of court fees;

- the number of cases per court and public prosecutor’s office;

- the number of cases per judge and per public prosecutor;

- the costs of operation of the judicial network;

- duration of court proceedings (according to the matter) on average;

- number of backlogged cases;

- number of old cases;

55 - number of admitted applications before the European Court of Human Rights relating to the violation of the right to trial within a reasonable time;

RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Taking into account conclusions Working group During IV Budget of the Taking into account 1.3.3.1. and recommendations from formed by Strategy quarter of 2015 Republic of conclusions and Functional analysis, conducting Implementation and I quarter of Serbia, recommendations from comprehensive analysis of Commission 2016. 61.755. € Functional analysis, following: conducting -judicial network in terms of In 2015 30.878 comprehensive costs, current state of play of € analysis of following: infrastructure, efficiency and -judicial network in access to justice; In 2016 30.878€ terms of costs, current -needs and scope of workload; state of play of workload of judges and public infrastructure, prosecutors especially taking into IPA 2012 efficiency and access account human, material, to justice; technical resources and possible Budgeted in -needs and scope of further changes in structure of activity 1.1.6.6. workload; workload of courts, recruitment and education judges and public of staff. prosecutors especially (the same activity 1.3.4.1. and taking into account 1.3.5.1.) human, material, technical resources and possible further changes in structure of courts, election and education of staff. 1.3.3.2. Undertaking further reform steps -Ministry of Justice Continuously, Budget of the Underwent reform on correction of infrastructure commencing Republic of steps on correction of judicial network, improvement of -High Judicial from II quarter Serbia, infrastructure judicial infrastructure and internal Council of 2016. Donations network, improvement procedures, according to results of of infrastructure and comprehensive analysis from the -State Costs currently internal procedures, 56 activities 1.3.3.1, 1.3.4.1. and Prosecutorial unknown according to results of 1.3.5.1. Council comprehensive analysis of judicial -Supreme Court of network. Cassation

-Republic Public Prosecutor’s Office 1.3.3.3. Conducting comprehensive -Expert team with During IV Budget of the Conducted functional analysis of judiciary. the participation quarter 2017 Republic of comprehensive and support of and I quarter of Serbia, functional analysis of representatives 2018 judiciary. from following IPA 2015 institutions: High Judicial Council, Total 565.000€ State Prosecutorial Council, Ministry In 2017 of Justice, Judicial 282.500€ Academy, Supreme Court of Cassation In 2018 and Republic Public 282.500€ Prosecutor’s Office. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT A mid-term human resource 1.3.4. Establish and implement a medium-term human resource strategy for the judiciary, based on 1. Positive evaluation from European strategy for the judiciary, based on an analysis of needs and an analysis of needs and workload, Commission, stated in Annual progress workload, and bearing in mind possible further changes in the and bearing in mind possible report on Serbia, on the existence of a structure of courts, recruitment and training; further changes in the structure of strategic approach to human resources in courts, recruitment and training judiciary; adopted and implemented. RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS Taking into account conclusions -Working group During IV Budget of the Taking into account 1.3.4.1. and recommendations from formed by Strategy quarter of 2015. Republic of conclusions and Functional analysis, conducting Implementation and I quarter of Serbia, IPA recommendations from comprehensive analysis of Commission 2016 2012 Functional analysis,

57 following: conducted -judicial network in terms of Budgeted in comprehensive costs, current state of play of activity 1.3.3.1. analysis of following: infrastructure, efficiency and -judicial network in access to justice; terms of costs, current -needs and scope of workload; state of play of workload of judges and public infrastructure, prosecutors especially taking into efficiency and access account human, material, to justice; technical resources and possible -needs and scope of further changes in structure of workload; workload of courts, election and education of judges and public staff. prosecutors especially (the same activity 1.3.3.1. and taking into account 1.3.5.1.) human, material, technical resources and possible further changes in structure of courts, election and education of staff. 1.3.4.2. In accordance with the results of -Working group During II and Budget of the Midterm Strategy on the analysis from the activities formed by Strategy III quarters of Republic of human resources in 1.3.3.1, 1.3.4.1. and 1.3.5.1., draw Implementation 2016. Serbia, 30.878€ judiciary prepared and up and adopt midterm Strategy on Commission adopted. human resources in judiciary. IPA 2012

In 2016. 1.3.4.3. Implementation of midterm -High Judicial Continuously, Budget of the Efficient Strategy on human resources in Council commencing Republic of implementation of judiciary. from IV quarter Serbia, midterm Strategy on -State Prosecutorial of 2016- II human resources in Council quarter of 2019. Costs currently judiciary. unknown. -Ministry of Justice RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 58 1. Number of cases per court;

2. Number of cases per public prosecutor’s 1.3.5. Ensure herewith a sustainable solution for workload Established efficient system for office; imbalances; balancing the workload for judges and public prosecutors. 3. Number of cases per judge;

4. Number of cases per public prosecutor or deputy public prosecutor. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 1.3.5. Taking into account conclusions and -Working group During IV Budget of the Taking into account 1. recommendations from Functional formed by Strategy quarter of 2015 Republic of conclusions and analysis, conducting comprehensive Implementation and I quarter of Serbia, recommendations from analysis of following: Commission 2016. IPA 2012 Functional analysis, -judicial network in terms of costs, conducting current state of play of Budgeted in comprehensive infrastructure, efficiency and access activity 1.3.3.1. analysis of following: to justice; -judicial network in -needs and scope of workload; terms of costs, current workload of judges and public state of play of prosecutors especially taking into infrastructure, account human, material, technical efficiency and access resources and possible further to justice; changes in structure of courts, -needs and scope of selection and education of staff. workload; workload of (the same activity 1.3.3.1. and judges and public 1.3.4.1.) prosecutors especially taking into account human, material, technical resources and possible further changes in structure of courts, election and education of staff. 1.3.5. Implementation of measures for -High Judicial Continuously, Budget of the Measures for balancing 2. balancing the number of cases per Council commencing Republic of the number of cases judge and public prosecutor/deputy from II quarter Serbia, IPA per judge and public public prosecutor according to the -State Prosecutorial of 2016. 2012 prosecutor/deputy 59 results of the analysis e.g. Council public prosecutor are encouraging voluntary mobility of Costs currently implemented according judicial office holders with adequate -Ministry of Justice unknown. to the results of compensation. analysis. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Duration of court proceedings (per matter) on average;

2. Total number of backlogged cases;

3. Annual percentage of reduction of backlogged cases; Coherent implementation of the 4. Total percentage reduction of backlog; 1.3.6. Implement the backlog reduction program, including backlog reduction program and introducing alternative dispute resolution tools; efficiently introduced alternative 5. Reduced number of cases, on annual dispute resolution tools. basis, which are categorized as backlogged cases;

6. Number of disputes resolved before mediator in one year;

7. Number of transactions concluded via public notaries. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 1.3.6.1. Adoption of new Civil Procedure -Ministry of Justice II quarter of Budget of the Adopted new Civil Law in order to improve 2016. Republic of Procedure Law which efficiency particularly in part Serbia, provisions improve which deals with: delivery of 71.136€ efficiency in particular documents, hearing recording and in part dealing with discipline during the proceedings. IPA 2012, delivery of documents, hearing recording and Budgeted in discipline during the activity 1.1.6.6. procedure.

In 2016. 60 1.3.6.2. Amending Criminal Procedure -Ministry of Justice IV quarter of Budget of the Adopted new Criminal Code in order to improve 2015. Republic of Procedure Code, which efficiency of the proceedings in Serbia, provisions improve particular in part dealing with 71.136€ efficiency, particularly delivery of documents, trial in part dealing with recording and discipline during IPA 2012 delivery of documents, the proceedings. Budgeted in trial recording and activity 1.1.6.6. discipline during the proceedings. In 2015. 1.3.6.3. Amending Law on Enforcement -Ministry of Justice II quarter of Budget of the Amendments to the and Security in order to improve 2015. Republic of Law on Enforcement efficiency of enforcement Serbia, and Security adopted procedure. 71.136€ in order to improve efficiency of IPA 2012 enforcement GiZ RoLE procedure. Project

In 2015. 1.3.6.4. Amending Court Rules of -Ministry of Justice III quarter of Budget of the Amended Court Rules Procedure in order to facilitate 2015. Republic of of Procedure in order implementation of Uniform Serbia, to facilitate backlog reduction program. 8.642€ implementation of Uniform backlog In 2015. reduction program.

61 1.3.6.5. Amending Uniform backlog -Supreme Court of I quarter of Budget of the Amended Uniform reduction program in accordance Cassation 2016. Republic of backlog reduction with initial results of Serbia, program in accordance implementation. 8.642€ with initial results of implementation. IPA 2012

In 2016. 1.3.6.6. Conduct analysis of current -Ministry of Justice II quarter of Budget of the Analysis of current Information and Communication 2015. Republic of Information Technology systems in regards to -Expert team of Serbia, , Communication hardware, software and human USAID MDTF/WB, Technology systems resources in courts, public USAID conducted in regard to prosecutors’ offices and prisons, -Expert team hardware, software and focusing on urgent necessity of MDTF/WB Budgeted in human resources in changes, along with identifying activity 1.2.1.1. courts, public recommendations for its prosecutors’ offices improvement. and prisons, focusing (the same activity as 1.2.1.1. and on urgent necessity of 1.3.8.2.) changes, with recommendations for its improvement. 1.3.6.7. Drawing up Guidelines which -Working group During I and II Budget of the Drawn up Guidelines determines directions of ICT that includes quarters of Republic of which determines system development in Serbia and participation of 2016. Serbia, directions of ICT which include data on representatives system development in infrastructure of Information and from following TAIEX, IPA Serbia and which Communication Technology and institutions: 2012 include data on costs of its maintenance, software Ministry of Justice, infrastructure of and human resources (the same High Judicial Budgeted in Information and activity 1.2.1.2. and 1.3.8.3.). Council, State activity 1.2.1.2. Communication Guidelines will be based on the Prosecutorial Technology and costs results of Functional analysis of Council, Supreme of its maintenance, judiciary and Analysis of current Court of Cassation software and human state of play (activity 1.2.1.1, and Republic Public resources (the same 1.3.6.6. and 1.3.8.2.). Prosecutor’s Office activity 1.2.1.1.).

62 Guidelines are based on the results of Functional analysis of judiciary and Analysis of current state of play. 1.3.6.8. Conduct Feasibility study of -Ministry of Justice II quarter of Budget of the Conducted Feasibility compatibility of current 2016. Republic of study of compatibility Information and Communication -Expert team Serbia, IPA of current Information Technology systems in: courts, 2012 and Communication Republic Public Prosecutor’s Technology systems Office, Directorate for Budgeted in in: courts, Republic Enforcement of Criminal activity 1.2.1.3. Public Prosecutor’s Sanctions, and private Office, Directorate for bailiffs/enforcement officers, Enforcement of public notaries etc. (activity Criminal Sanctions, 1.2.1.3. and 1.3.8.4.). and private bailiffs/enforcement officers, public notaries etc. 1.3.6.9. On the basis of the Feasibility -Ministry of Justice III quarter of Budget of the On the basis of the Study (Activity 1.2.1.3. and 2016. Republic of Feasibility Study 1.3.6.8.) preparing technical -Expert team Serbia, IPA (Activity 1.2.1.3. and specifications for: a) development 2012 1.3.6.8.) prepared of web services for exchanging technical specifications data between information systems Budgeted in for: a) development of in the judiciary, and for b) activity 1.2.1.4. web services for improvement of software for exchanging data automatic case management in between information courts of general jurisdiction, systems in the commercial courts, the Republic judiciary, and for b) Public Prosecutor's Office and in improvement of the Directorate for Enforcement software for automatic of Criminal Sanctions. case management in (the same activity 1.2.1.4. and courts of general 1.3.8.5.) jurisdiction, commercial courts, the Republic Public Prosecutor's Office and in the Directorate for Enforcement of 63 Criminal Sanctions. 1.3.6.10. Institutionalization of -Working group Commencing Budget of the Coordination and coordination and management of which includes from II quarter Republic of management of ICT ICT system through public- participation of of 2015. Serbia, IPA system private or public-public representatives of 2012, USAID institutionalized partnership. Ministry of Justice, through public-private (the same activity 1.2.1.5. and High Judicial Budgeted in and public-public 1.3.8.6.) Council, Supreme activity 1.2.1.5. partnership. Court of Cassation and Republic Public Prosecutor’s Office 1.3.6.11. Drawing up protocol on input and -Working group II quarter of Budget of the Drawn up protocol on exchange of data in ICT system which includes 2016 Republic of input and exchange of with the aim of unification of participation of Serbia, TAIEX, data in ICT system conduct in entire judicial system. representatives of IPA 2012 with the aim of (the same activity 1.2.1.6. and Ministry of Justice, unification of conduct 1.3.8.7.) High Judicial Budgeted in in entire judicial Council, Supreme activity 1.2.1.6. system. Court of Cassation and Republic Public Prosecutor’s Office 1.3.6.12. Conducting trainings and -Judicial Academy, Commencing Budget of the After conducted commencement of Ministry of Justice, from IV quarter Republic of trainings, input and implementation of Protocol on High Judicial of 2016 and I Serbia, USAID, exchange of data in entering and exchange of data in Council, State quarter of 2017. IPA 2012 ICT system is carried ICT system. Prosecutorial out in accordance to (the same activity 1.2.1.7. and Council, all courts Budgeted in Protocol. 1.3.8.8.) and public activity 1.2.1.7. prosecutors offices 1.3.6.13. Amending Rules of Procedure on -Ministry of Justice Continuously, Budget of the Rules of Procedure on internal organization and commencing Republic of internal organization systematization of jobs in from I quarter of Serbia and systematization of Ministry of Justice and 2016. 75.503€ jobs in Ministry of employment of IT experts in Justice amended and accordance with new In 2016 – IT experts employed in systematization. 30.926€ accordance with new systematization. In 2017 – 22.287€

64 In 2018 – 22.287€ 1.3.6.14. Amending Rules of Procedure on -Supreme Court of Continuously, Budget of the Rules of Procedure on internal organization and Cassation commencing Republic of internal organization systematization of jobs in from I quarter of Serbia and systematization of Supreme Court of Cassation and 2016. 75.503€ jobs in Supreme Court employment of IT experts in of Cassation adopted accordance with new In 2016 – and IT experts systematization. 30.926€ employed in accordance with new In 2017 – systematization. 22.287€

In 2018 – 22.287€ 1.3.6.15. Forming teams in courts in charge -Supreme Court of During IV Budget of the Formed teams in courts of reduction of backlogged cases. Cassation quarter of 2014 Republic of in charge of reduction and I quarter of Serbia of backlogged cases. -Presidents of 2015. 368.736€ Courts In 2015 – 92.184€

In 2016 – 92.184€

In 2017 – 92.184€

In 2017 – 92.184€ 1.3.6.16. Signing of the Memorandums on -President of the Continuously, Budget of the Memorandums on Cooperation between courts and Supreme Court of commencing Republic of Cooperation between other relevant institutions, with Cassation from IV quarter Serbia courts and other the aim of efficient resolution of of 2014. relevant institutions, backlogged cases. -Court Presidents Activity with the aim of requiring efficient resolution of -Authorized insignificant backlogged cases persons costs signed. 65 representing institutions with whom courts cooperate during implementation of Uniform backlog reduction program 1.3.6.17. Adoption of amendments to Law -Ministry of Justice Periodically, Budget of the Amendments to Law on Public Notaries in order to commencing Republic of on Public Notaries gradually extend subject-matter -Government of the from I quarter of Serbia, adopted which jurisdiction of public notaries and Republic of Serbia 2015. 71.136€ extended subject- in regards to issue of matter jurisdiction of enforceability of public notaries’ -National Assembly GIZ Program public notaries and documents. for legal and which redefined judicial reforms, provisions concerning 10.500.000. € enforceability of public notaries’ documents. In 2014 – 5.250.000€ (this amount contains funds for 2011, 2012, 2013 and 2014)

In 2015 – 1.383.636€ (GIZ 1.312.500€ + Budget RS 71.136€)

In 2016 – 1.312.500€

In 2017 – 1.312.500€

66 1.3.6.18. Drawing up and adopting by-laws -Minister of Justice I quarter of Budget of the By-laws envisaged in which adoption is envisaged in 2015. Republic of Law on Public Law on Public Notaries. -Chamber of Public Serbia, GIZ Notaries adopted. Notaries Program for legal and judicial reforms

Budgeted in activity 1.3.6.17. 1.3.6.19. Establishment of Chamber of -Chamber of Public Commencing Budget of the Chamber of Public Public Notaries and appointment Notaries from III quarter Republic of Notaries established. of additional number of public of 2014. Serbia, notaries. 17.285€

GIZ Program for legal and judicial reforms

Budgeted in activity 1.3.6.17. In 2014. 1.3.6.20. Establishment of special unit in -Ministry of Justice III quarter of Budget of the Special unit in Ministry of Justice in charge of 2014. Republic of Ministry of Justice in supervision of work of public Serbia, GIZ charge of supervision notaries. Program for of work of public legal and notaries established. judicial reforms Budgeted in activity 1.3.6.17. 1.3.6.21. Improvement of promotion of -Ministry of Justice, Continuously, GIZ Program System of promotion public notaries’ work. Public Relations commenced in I for legal and of public notaries’ Service quarter of 2013 judicial reforms work improved.

-Chamber of Public Budgeted in Notaries activity 1.3.6.17.

67 1.3.6.22. Implementation of trainings for -Judicial Academy Continuously, GIZ Program Trainings for public public notaries. -Chamber of Public commencing for legal and notaries are organized Notaries from III quarter judicial reforms regularly. of 2014. Budgeted in activity 1.3.6.17. 1.3.6.23. Drawing up and adopting by-laws -Minister of Justice IV quarter of Budget of the By-laws adopted in in accordance with Law on 2014. Republic of accordance with Law Mediation Serbia on Mediation. 17.285€

In 2014. 1.3.6.24. Adoption of program for -Ministry of Justice Continuously, Budget of the Program for education education of mediators and its commencing Republic of of mediators adopted. implementation. -Judicial Academy from I quarter of Serbia, 2015. 8.642€ -Other accredited organizations and In 2015. institutions 1.3.6.25. Establishment of registry of -Ministry of Justice II quarter of Budget of the Registry of licensed licensed mediators. 2015. Republic of mediators established. Serbia, 8.642€

In 2015. 1.3.6.26. Establishment of special unit in -Ministry of Justice IV quarter of Budget of the Special unit in Ministry of Justice in charge of 2015. Republic of Ministry of Justice in supervision of work of mediators Serbia charge of supervision 236.148€ of work of mediators established. In 2014 – 32.944€

In 2015 – 50.801€

In 2016 – 50.801€

68 In 2017 -50.801€

In 2018 - 50.801€ 1.3.6.27. Improvement of promotion of -Ministry of Justice, Continuously, Budget of the System of promotion alternative dispute resolution. Public Relations commencing Republic of of alternative dispute Service from III quarter Serbia resolution improved. of 2014. 2.555€

In 2014 – 509€

In 2015 – 511€

In 2016 –511€

In 2017 -511€

In 2018 - 511€ RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Reduced number of case backlog in 1.3.7. Strengthen the enforcement of judgments, in particular in Improved efficiency of enforcement enforcement; civil cases; of judgments in particular in civil law cases. 2. Reduced average duration of enforcement proceedings; RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Conduct comprehensive analysis -Expert team of IV quarter of Comprehensive 1.3.7.1. of enforcement and security GiZ RoLE project 2014. Budget of the analysis of system in the Republic of Serbia. Republic of enforcement and Serbia, IPA security system in the 2012- GiZ Republic of Serbia RoLE project conducted.

Budgeted in activity 69 1.3.6.17.

1.3.7.2. Adoption of amendments to the -Ministry of Justice II quarter of Budget of the Amendments to the Law on Enforcement and Security 2015. Republic of Law on Enforcement according to the results of -Government of the Serbia, and Security, analysis. Republic of Serbia 40.258€ according to the results of analysis, adopted. -National Assembly GiZ RoLE project

In 2015. 1.3.7.3. Monitoring efficiency of private -Chamber of Continuously, Budget of the Chamber of bailiffs bailiffs’ system by Chamber of bailiffs commencing Republic of monitors efficiency of bailiffs; regular reporting to from I quarter of Serbia the system and Strategy Implementation -Strategy 2015. regularly notifies Commission and undertaking, in Implementation 10.212€ Strategy cooperation with Ministry of Commission Implementation Justice, necessary measures in Commission on that order to solve problems and -Ministry of Justice In 2015 – 2553€ issue and undertakes, improve their work. in cooperation with In 2016 –2553€ Ministry of Justice, necessary measures in In 2017 -2553€ order to solve problems and improve In 2018 - their work. 2553€ 1.3.7.4. Improvement of efficiency of -Ministry of Justice Continuously, Budget of the Efficiency of system of system of private commencing Republic of private bailiffs/enforcement officers in -Chamber of from IV quarter Serbia, GiZ bailiffs/enforcement accordance with the results of Bailiffs/Enforceme of 2015. RoLE project officers improved. analysis, amendments to the Law nt officers on Enforcement and Security and Budgeted in problems spotted in the course of activity monitoring of functioning of the 1.3.6.17. 70 system.

1.3.7.5. Efficiency improvement of -Supreme Court of Continuously, Budget of the Efficiency judicial enforcement in line with Cassation commencing Republic of improvement of the results of the analysis and from IV quarter Serbia judicial enforcement in amendments to Law on of 2015. line with the results of enforcement and security. Budgeted in the analysis and activity amendments to Law on 1.3.6.17. enforcement and security. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Increased number of statistical parameters of efficiency of judiciary that can be monitored by means of Information and Communication Technology;

Developed an e-Justice system as a 2. Possibility of actual monitoring of length of means to improve the efficiency, court proceedings by introducing the uniform 1.3.8. Gradually develop an e-Justice system as a means to transparency and consistency of the case number; improve the efficiency, transparency and consistency of the judicial process, building on the judicial process, building on the existing automated case existing automated case 3. Perception of transparency of the court management system. Ensure the visibility of reliable and management system. Ensured the proceedings through availability of data via consistent judicial statistics and introduce a system to monitor visibility of reliable and consistent Information and Communication Technology the length of trials; judicial statistics and introduced a (judicial office holders, attorneys-at-law, system to monitor the length of citizens); trials. 4. Perception of data transparency, in relation to the efficiency of the judiciary, through availability of data via Information and Communication Technology (judicial office holders, advocacy, citizens); RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS Amending Court Rules of -Working group of Continuously, Budget of the Amended Court Rules 1.3.8.1. Procedure in part dealing with: Ministry of Justice commencing Republic of of Procedure in part 1. Criteria for defining input in charge of from IV quarter Serbia, related to criteria for

71 of data based on a defining data input of 2014 defining input of data previously defined list of 30.878€ based on a previously data which input is -Ministry of Justice defined list of data necessary to monitor the IPA 2012 which input is statistical parameters of necessary to monitor efficiency of judiciary by Budgeted in the statistical using Information and activity 1.2.1.11. parameters of Communication judiciary’s efficiency Technology, and in In 2015. by using Information particular of length of and Communication proceedings. Technology.

Activity linked with items 2.3.4.1., 2.3.4.2.

2. Introduction of a system that envisages assignment of uniform number to court case file, which retains until conclusion of legal remedies proceedings. 1.3.8.2. Conduct analysis of current -Ministry of Justice II quarter of Budget of the Conducted analysis of Information and Communication 2015. Republic of Information and Technology system in particular -Expert team of Serbia, Communication hardware, software and human USAID MDTF/WB, Technology system in resources in courts, public USAID particular hardware, prosecutors offices and prisons, -Expert team of software and human focusing on necessity of urgent MDTF/WB Budgeted in resources in courts, adoption of amendments, and activity 1.2.1.1. public prosecutors’ defining recommendations for its offices and prisons, improvement. focusing on necessity (the same activity as 1.2.1.1. and of urgent adoption of 1.3.6.6.) amendments, and defining recommendations for its improvement. 1.3.8.3. Drawing up Guidelines which During I and II Budget of the Drawn up Guidelines determines directions of ICT -Working group quarter of 2016. Republic of which determines system development in Serbia and which includes Serbia, TAIEX, directions of ICT which include data on participation of IPA 2012 system development in 72 infrastructure of Information and representatives of Serbia and which Communication Technology and Ministry of Justice, Budgeted in include data on costs of its maintenance, software High Judicial activity 1.2.1.2. infrastructure of and human resources. Guidelines Council, State Information and will be based on the results of Prosecutorial Communication Functional analysis of judiciary Council, Supreme Technology and costs and Analysis of current state of Court of Cassation of its maintenance, play (activity 1.2.1.1, 1.3.6.6. and and Republic Public software and human 1.3.8.2.). Prosecutor’s Office resources. Guidelines are based on the results (the same activity 1.2.1.1. and of Functional analysis 1.3.6.7.). of judiciary and Analysis of current state of play (activity 1.2.1.1, 1.3.6.6. and 1.3.8.2.). 1.3.8.4. Conduct Feasibility study for -Ministry of Justice II quarter of Budget of Feasibility study for identifying compatibility of 2016. Republic of identifying current Information and -Expert team Serbia, compatibility of Communication Technology IPA 2012 current Information system between following and Communication institutions: courts, Republic Budgeted in Technology system Public Prosecutor’s Office, activity 1.2.1.3. between following Administration for Enforcement institutions: courts, of Criminal Sanctions, and private Republic Public bailiffs/enforcement officers, Prosecutor’s Office, public notaries etc. Administration for (the same activity as 1.2.1.3. and Enforcement of 1.3.6.8.) Criminal Sanctions, and private bailiffs/enforcement officers, public notaries etc. conducted. 1.3.8.5. On the basis of the Feasibility -Ministry of Justice III quarter of Budget of the On the basis of the Study (Activity 1.2.1.3. and 2016. Republic of Feasibility Study 1.3.6.8.) preparing technical -Expert team Serbia, IPA (Activity 1.2.1.3. and specifications for: a) 2012 1.3.6.8.) prepared development of web services for technical specifications exchanging data between Budgeted in for: a) development 73 information systems in the activity 1.2.1.4. of web services for judiciary and for b) improvement exchanging data of software concerning automatic between information case management in courts of systems in the general jurisdiction, commercial judiciary and for b) courts, the Republic Public improvement of Prosecutor's Office and in the software concerning Administration for Enforcement automatic case of Criminal Sanctions. management in courts (the same activity as 1.2.1.4. and of general jurisdiction, 1.3.6.9.) commercial courts, the Republic Public Prosecutor's Office and in the Administration for Enforcement of Criminal Sanctions. 1.3.8.6. Institutionalization of -Working group Commencing Budget of the Coordination and coordination and management of which includes from II quarter Republic of management of ICT ICT system through public- participation of of 2015. Serbia, IPA system private or public-public representatives of 2012, USAID institutionalized partnership. Ministry of Justice, through public-private (the same activity 1.2.1.5. and High Judicial Budgeted in and public-public 1.3.6.10.) Council, State activity 1.2.1.5. partnership. Prosecutorial Council, Supreme Court of Cassation and Republic Public Prosecutor’s Office 1.3.8.7. Drawing up protocol on input and -Working group II quarter of Budget of the Drawn up protocol on exchange of data in ICT system which includes 2016. Republic of input and exchange of with the aim of unification of participation of Serbia, TAIEX, data in ICT system conduct in entire judicial system. representatives of IPA 2012 with the aim of (the same activity 1.2.1.6. and Ministry of Justice, unification of conduct 1.3.6.11.) High Judicial Budgeted in in entire judicial Council, State activity 1.2.1.6. system. Prosecutorial Council, Supreme Court of Cassation and Republic Public Prosecutor’s Office 74 1.3.8.8. Conducting trainings and -Judicial Academy, Commencing Budget of the Upon conducted commencement of Ministry of Justice, from IV quarter Republic of trainings, input and implementation of Protocol on High Judicial of 2016. and I Serbia, USAID, exchange of data in input and exchange of data in ICT Council, State quarter of 2017. IPA 2012 ICT system is carried system. Prosecutorial out in accordance with (the same activity 1.2.1.7. and Council, all courts Budgeted in Protocol. 1.3.6.12.) and public activity 1.2.1.7. prosecutors offices RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Established uniform and comprehensive electronic database of jurisprudence 1.3.9. Improve consistency of jurisprudence through judicial available to everyone which is in means (consider simplification of the court system by abolishing compliance with regulations governing Jurisprudence in all areas of law is courts of mixed jurisdiction and possibility to file an appeal data confidentiality and protection of consistent; judicial decisions and before the Supreme Court of Cassation based on legal grounds personal data; judicial motivations are timely against any final decision) and by ensuring complete electronic published in all available electronic access to court decisions and motivations and their publication 2. Positive opinion from European data bases. within a reasonable amount of time; Commission, stated in Annual Progress Report on Serbia, concerning progress achieved in the field of uniformity and availability of jurisprudence. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Conduct analysis of the normative -Working group for II quarter of Budget of the Conducted analysis of 1.3.9.1. framework which regulates: the legal analysis of 2014- II quarter Republic of normative framework issue of binding of jurisprudence, constitutional of 2015. Serbia which regulates: the right to legal remedy and framework on issue of binding of jurisdiction for deciding on legal judiciary in the 30.878€ jurisprudence; right to remedy; publishing judicial Republic of Serbia In 2015. legal remedy and decisions and judicial reasoning. jurisdiction for -Working group, deciding on legal established by remedy; publishing Minister of Justice, judicial decisions and for analysis of laws judicial reasoning. and by-laws which regulate issues of binding of 75 jurisprudence and principled positions and publishing of judicial decisions and motivations

-Working group for analysis of availability of right to legal remedy and jurisdiction for deciding on legal remedies 1.3.9.2. Defining rules which regulate -Ministry of Justice II quarter of Budget of the Defined rules which anonymization of judicial 2015. Republic of regulate decisions prior to their -Supreme Court of Serbia, anonymization of announcement in accordance to Cassation judicial decisions prior rules of European court for human 8.642€ to their announcement, rights. in accordance to rules IPA 2012 of European court for human rights. Budgeted in activity 1.1.6.6.

In 2015. 1.3.9.3. Amending normative framework -Ministry of Justice Commencing Budget of the Amended normative which regulates: the issue of from IV quarter Republic of framework which binding of jurisprudence; right to -Government of the of 2015. Serbia, regulates: the issue of legal remedy and jurisdiction for Republic of Serbia binding of deciding on legal remedy; 71.136€ jurisprudence; right to publishing judicial decisions and -National Assembly legal remedy and judicial reasoning. IPA 2012 jurisdiction for deciding on legal Budgeted in remedy; publishing activity 1.1.6.6. judicial decisions and judicial reasoning. 1.3.9.4. Access to jurisprudence: Continuously, Budget of the Uniform, Establishing and improving of -Ministry of Justice commencing Republic of comprehensive uniform and comprehensive from III quarter Serbia, IPA electronic databases of electronic databases of -Supreme Court of of 2014. 2012, jurisprudence available 76 jurisprudence available to Cassation to everyone which is everyone which is in compliance in compliance with with regulations regulating data -Republic Public Budgeted in regulations governing confidentiality and protection of Prosecutor’s Office activity 1.1.6.6. data confidentiality personal data. and protection of -Government of the personal data is Republic of Serbia established and is updated and improved -Public Enterprise regularly. “Official Gazette” 1.3.9.5. Capacity strengthening and -Supreme Court of Continuously, Budget of the Capacities and improvement of efficiency of Cassation commencing Republic of efficiency of operation operation of departments for from II quarter Serbia, of department for jurisprudence in Supreme Court of 2016. Cost currently jurisprudence in the of Cassation, in accordance with unknown. Supreme Court of the amendments to the normative Cassation are framework which regulates the IPA 2012 continuously improved issues of binding of jurisprudence in accordance with the and its publishing. Budgeted in amendments to the activity 1.1.6.6. normative framework which regulates the issues of binding of jurisprudence and its publishing. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Opinion concerning efficiency of the implementation of Criminal Procedure Code stated by the Commission for monitoring the implementation of Established efficient system for Criminal Procedure Code in its quarterly monitoring the implementation of 1.3.10. Monitor the implementation of the new Criminal and annual reports to the Strategy the new Criminal Procedure Code Procedure Code and take corrective measures where needed. Implementation Commission; and measures implemented for improvement of the Code and its 2. Positive opinion by European implementation. Commission on efficiency of implementation of Criminal Procedure Code stated in Annual Progress Report on Serbia 77 RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Commission for monitoring the -Commission for Continuously, Budget of the Commission for 1.3.10.1. implementation of the Criminal monitoring the commencing Republic of monitoring the Procedure Code reports quarterly implementation of from I quarter of Serbia, implementation of the and annually to the Strategy Criminal Procedure 2015. 61.755€ Criminal Procedure Implementation Commission in Code Code reports quarterly which it provides an overview of In 2015 – and annually to the deficiencies in the implementation -Strategy 15.439€ Strategy of the Criminal Procedure Code Implementation Implementation and suggests potential measures Commission In 2016 – Commission in which to remedy identified problems. 15.439€ provides an overview of deficiencies in the In 2017 implementation of the -15.439€ Criminal Procedure Code and suggests In 2018 - potential measures to 15.439€ remedy identified problems. 1.3.10.2. Strategy Implementation -Strategy Continuously, Budget of the Strategy Commission, on the basis of the Implementation commencing Republic of Implementation report of the Commission for Commission from I quarter of Serbia Commission, on the monitoring the implementation of 2015. basis of the report of the Criminal Procedure Code, Budgeted in the Commission for recommends undertaking activity monitoring the measures to competent 1.3.10.1. implementation of the institutions aimed at eliminating Criminal Procedure identified problems. Code, recommends undertaking measures to competent institutions aimed at eliminating identified problems. 1.3.10.3. Competent institutions to which -Republic Public Continuously, Budget of the Competent institutions Strategy Implementation Prosecutor’s Office commencing Republic of to which Strategy Commission recommended from II quarter Serbia Implementation implementation of corrective -Supreme Court of of 2015. Commission measures, quarterly report to the Cassation 10.893€ recommended Strategy Implementation implementation of 78 Commission on the -High Judicial In 2015 – corrective measures, implementation of recommended Council 2.723€ quarterly report to the measures. Strategy -State Prosecutorial In 2016 –2.723€ Implementation Council Commission on the In 2017 -2.723€ implementation of -Ministry of Justice these measures. In 2018 - -Strategy 2.723€ Implementation Commission RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Data from analysis of mid-term results of implementation of reform in 2015; A mid-term review assessed the 1.3.11. Conduct a mid-term review at the end of 2015 as well as impact of the reform of judiciary an impact assessment in 2018 of the results generated by the 2. Data from impact projections for the for period up until 2018 and an 2013 Strategy and its revised action plan. Define on that basis period up until 2018; impact assessment on that basis and where needed measures to cover the remaining period up served to define measures for until accession. 3. Measures planned for period from 2018 period after 2018 up until up until accession, based on an analysis accession. of the mid-term results and projection for period until 2018. RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS Conduct a mid-term review or -Ministry of Justice IV quarter of Budget of the Conducted a mid-term 1.3.11.1. analysis, as of 2015, of 2015. Republic of review or analysis, as implementation of National -Strategy Serbia of 2015, of Judicial Reform Strategy for the Implementation 61.755€ implementation of period 2013-2018 and updating Commission National Judicial the Action Plan for In 2015 – Reform Strategy for implementation of National 15.439€ the period 2013-2018 Judicial Reform Strategy for the and updated the Action period 2013-2018. In 2016 – Plan for 15.439€ implementation of National Judicial In 2017 Reform Strategy for -15.439€ the period 2013-2018. 79 In 2018 - 15.439€ 1.3.11.2. Within Functional analysis of -Expert team with During IV IPA 2015 Within Functional judiciary, conduct an impact the participation quarter of 2017 analysis of judiciary, assessment of implementation, in and support of and I quarter of Budgeted in conducted an impact the period until 2018, of: a) representatives 2018. activity 1.3.3.3. assessment of National Judicial Reform Strategy from following implementation, in the for the period 2013-2018 and b) institutions: High period until 2018, of: Action Plan for implementation of Judicial Council, a) National Judicial National Judicial Reform Strategy State Prosecutorial Reform Strategy for for the period 2013-2018. Council, Ministry the period 2013-2018 (Connected activity 1.3.3.3.) of Justice, Judicial and b) Action Plan for Academy, Supreme implementation of Court of Cassation National Judicial and Republic Public Reform Strategy for Prosecutor’s Office. the period 2013-2018. 1.3.11.3. Proposing measures which will -Ministry of Justice During II and Budget of the Proposed measures cover period remaining up until III quarters of Republic of which cover period accession. Proposal will be based -Strategy 2018. Serbia remaining up until on an impact assessment of Implementation accession. Proposal is implementation in the period until Commission Currently based on an impact 2018 of: a) National Judicial unknown assessment of Reform Strategy for the period implementation in the 2013-2018 and b) Action Plan for period until 2018 of: a) implementation of National National Judicial Judicial Reform Strategy for the Reform Strategy for period 2013-2018. the period 2013-2018 and b) Action Plan for implementation of National Judicial Reform Strategy for the period 2013-2018. 1.4. WAR CRIMES

80 1. The number of new cases (Indictments/indicates) initiated towards suspects, regardless on their rank which they used to have in the moment of perpetration of the crime and which they have today;

2. Total number of cases

3. Number of proceedings completed with final judgment

4. Positive reports to the Security Council submitted by the Chief Prosecutor and President of the International Tribunal for the Prosecution of Persons Responsible All allegations have been properly for Serious Violations of International investigated and all trials for war Humanitarian Law Committed in the 1.4.1 Ensure that all allegations are properly investigated and crimes have been completed, with Territory of the Former Yugoslavia since subsequently prosecuted and tried; full and accurate implementation of 1991; international standards concerning the support of victims and 5. Reports of other relevant governmental witnesses and their protection, and nongovernmental organizations

6. Public Opinion Survey (opinion of the public on the issue whether the suspects for war crimes are properly investigated and punished)

7. Duration of war crime proceedings (efficient pre-investigative and investigative proceedings)

8. Quality of proceedings and judgments for war crimes in comparison to international standards.

81 FINANCIA RESPONSIBLE TIMEFRAME/DE L IMPLEMENTATION ACTIVITIES RESULT AUTHORITY ADLINE RESOURC STATUS ES 1.4.1.1. Preparation of reports by the War -War Crimes I and II quarters of Budget of Report of War Crimes Crimes Prosecutor’s Office, which Prosecutor’s Office 2015. Republic of Prosecutor’s Office has will be available to the public, on Serbia been published. the subject which will present what -Ministry of Justice has been done concerning all 8.642€ criminal charges since 2010, in In 2015. order to determine, and in addition to represent, whether all allegations of war crimes have been investigated appropriately.

82 1.4.1.2. Organizing the Round table -War Crimes I and II quarter of Budget of “Creating the Prosecutorial Strategy Prosecutor’s Office 2015 Republic of The Conference for investigation and prosecution of -Ministry of Justice Serbia organized with war crimes in Serbia in the light of published conclusions the Completion Strategy of the 18.285€ and recommendations. ICTY” with the involvement and support of the ICTY, MICT, ICC, In 2015. Regional prosecutors and NGOs and publishing conclusions from the Round table Creating the WCP strategy for investigation and prosecution of War crimes based on the conclusions from the Round table and implementation of the Strategy. Prerequisite establishing: Continuously, Creating the Strategy 1. what allegation of war crimes commencing from I and its implementation have been investigated in quarter of 2015 in Serbia. accordance with international standards; 2. what viable investigations are pending before the WCP; 3. what viable investigations are pending before the Police; 4. which viable investigations need to be prioritized over other based on identified criteria (category 1 - 3 cases); 5. what timeline is envisaged for the investigation and prosecution of all category 1 – 3 cases.

(support obtained from ICTY and MICT) (Shared activity with recommendation 1.4.3)

83 1.4.1.3. Establishing the criteria’s for the I and II quarter of Budget of Established criteria for selection of war crime cases and 2015 Republic of selection of cases and creating the list of priority and -War Crimes Serbia creating the list of important war crime cases that must Prosecutor’s Office priority cases of the be resolved in order to fulfill 17.285€ WCP (working on obligation that all allegations are -Ministry of justice In 2015. cases based on the properly investigated and that all above mentioned priority and important cases are internationally subsequently prosecuted and tried. recognizes Strategy)

(support obtained from ICTY and MICT)

(Shared activity with recommendation 1.4.3)

1.4.1.4. Complete insight and research of -War crimes Continuously, Budget of Complete research of International Criminal Tribunal for Prosecutor’s Office commencing from the Republic the ICTY and MICT former Yugoslavia (ICTY) and -Ministry of justice II quarter of 2015 of Serbia, archives Residual Mechanism (MICT) 69.138€ archives, analysis of the discovered documents through the EU In 2015 – established liaison officers project 17.285€ ensuring that all priority and serious allegations or war crimes are In 2016 – properly investigated and 17.285€ subsequently prosecuted and tried (considering that the archive of the In 2017 ICTY and MICT are today the most -17.285€ comprehensive ones in relation to war crimes in the territory of In 2018 - Former Yugoslavia, namely 17.285€ including documents not only from Serbia but from BiH and RH, and considering that independent prosecutors of ICTY worked already on general and specific allegations). This will ensure transparency and quality of the eventual charges. Completion of 84 IV quarter of 2015 - evidence transferred. continuously Identifying ICTY/MICT materials and evidence which are relevant to the cases identified as a priority under activity 1.4.1.3 above and transferring of the found documents and evidence from the ICTY and MICT to the War Crime Prosecutor Office (support obtained and memorandum of understanding signed)

 Cooperation of the WCP with the ICTY/MICT on concrete Strategy related to cases in which the evidence III quarter of 2015 - concrete cases formed was transferred in order to also continuously and implemented obtain general and case specific knowledge, expertise and strategies from the ICTY and MICT investigators/prosecutors (ensuring transparency considering that information and expertise were obtained from independent experts)

 Cooperation of the WCP with the ICTY and MICT on concrete cases in which the evidence was transferred in order to also shared the strategy and transfer knowledge and practice on jurisprudence relating to crimes and types of responsibility that will be used as allegation in concrete cases (ensuring III quarter of 2015- 85 transparency considering that continuoulsy the strategy of concrete prosecution is shared and supported by the ICTY and MICT prosecutors and experts).

• Presence of the WCP advisor in the ICTY and MICT prosecutor’s office on ad hoc basis related to concrete cases, analyzing ICTY prosecutor’s case files and developing a strategy for concrete cases that will be prosecuted by the WCP before the High Court in Belgrade.

1.4.1.5. Establishing a system of training -War Crime Continuously, Budget of Trainings in the field and education in the field of Prosecutor’s Office commencing from the of international international humanitarian law and II quarter of 2015 Republic of humanitarian law are on criminal investigation under the -Higher Court in Serbia, held continuously new CPC for the participants in the Belgrade, War 34.569€ according to program war crimes trials (enabling Crime Chamber which has been transferring from the old material In 2015 – ascertained in advance. truth system to the new CPC system -High Judicial 8.642€ of conducting Trials). Council In 2016 – Ensuring that the latest IHL -State Prosecutorial 8.642€ developments are included. Council In 2017 -Judicial Academy -8.642€

In 2018 - 8.642€

Donations

Currently 86 unknown

1.4.1.6. Preparation of analysis(report) of -Ministry of Interior I quarter of 2015 Budget of Prepared analysis of legislative and factual status and the legislative and factual needs of the Office for War Crimes -Ministry of justice Republic of status of Office for of Ministry of Interior in order to Serbia, War Crimes in determine needs for Office's reform 8.642€ Ministry of Interior in (special focus on whether the office order to determine has sufficient investigators and In 2015. needs for Office's analysts and proper methodology) reform and Donations implementation of the (for example in BiH prosecutor Currently reform office number of war crime cases unknown stands: more than 600 investigation files; more than 1000 pre- investigation files and more than 1700 cases against unknown perpetrators. Example of BiH is given because in some cases there is parallel jurisdiction with Serbia and perpetrators are in Serbia and because the process of transferring the case files and documents from the ICTY and MICT is finished unlike the case with Serbia where this process just started).

1.4.1.7. Implementation of measures to -Ministry of Interior Continuously, Budget of Measures to improve improve the status and capacity of -Ministry of Justice commencing from I the the status of Office for Office for War Crimes of the quarter of 2016 Republic of War Crimes of the Serbia, Ministry of the Interior Ministry of the Interior in donations are being implemented accordance with the results of the in accordance with the analysis (report) under 1.4.1.6 Costs will be results of the analysis specified (report). after conducting 87 the analysis.

1.4.1.8. Enhancement of the WCP web-site -War Crime II quarter of 2015 Budget of Enhanced WCP in order for public to be able to Prosecutor Office Republic of website which monitor what activities and when Serbia provides an have been performed by the WCP -Ministry of Justice 2.553€ opportunity for public in relation to specific criminal to monitor with which charges activities have been In 2015 – performed by the WCP 851€ in relation to specific criminal charges. In 2016 – 851€

In 2017 -851€

In 2018 - 851€ 1.4.1.9. Strengthening the capacities of War - War Crimes IV quarter of 2014 Budget of Strengthened the Crimes Prosecutor’s Office through Prosecutor’s Office – III quarter 2015 Republic of capacities of War electing: first measures and Serbia Crimes Prosecutor’s two deputies of special prosecutor -Ministry of Justice onwards 1.091.520€ Office through IV quarter 2014 – III quarter 2015; continuously electing special two assistants/advisors IV quarter In 2015 – prosecutor’s deputies 2014 – III quarter 2015; 181.920€ and one deputy of special prosecutor IV employment/transfer of quarter 2015 – III quarter 2016; one In 2016 – prosecutor’s assistants assistant/advisor IV quarter 2015 – 181.920€ III quarter 2016; one deputy of special prosecutor IV In 2017 quarter 2016 – III quarter 2017; two -363.840€ assistants/advisors IV quarter 2016 – III quarter 2017; In 2018 - one deputy of special prosecutor IV 363.840€ quarter 2017 – III quarter 2018; one assistant/advisor IV quarter 2017 – III quarter 2018; one deputy of special prosecutor IV 88 quarter 2018 – III quarter 2019;

(Deputy Prosecutors would be elected and it could be expected that some of the advisors from the WCP office will be promoted and elected because of the previous experience during work in WPC, which would enchase the capacity of the WCP. Assistants/advisors would be either employed or transferred depending of the qualification of the candidates interested. Qualifications requested by the candidates are knowledge and practice in the field of IHL and experience in criminal law. If best candidates are from the regular prosecutor’s office they will be transfer but considering the number of assistants this would not affect the capacity of the regular prosecutor’s office. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Level of sentences imposed in comparison to the jurisprudence of international tribunals 2. Positive evaluation from analysis and Imposed sentences are proportional reports of international and non- 1.4.2. Ensure proportionality of sentences; to criminal offence in accordance governmental organizations concerning with the international standards. proportionality of sentences 3. Implementation of international criteria (including aggravating and mitigating circumstances) in imposition of sentences in war crimes cases.

89 RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS Organizing the round table on the II and III Budget of The Conference 1.4.2.1. subject “Type and level of - Higher Court in quarter of 2015. Republic of organized and held. sentences and establishing the Belgrade, War Serbia criteria applied in the war crime Crime Chamber cases before the ICTY, national 1000€ jurisdictions in Croatia, Serbia and - War Crime In 2015. BiH (in the light of Maktuf and Prosecutor Office Damjanovic Judgment before the ECHR)”, with special emphasis on -Ministry of Justice the criteria for determining the aggravating and mitigating circumstances in determining sentence in the international jurisprudence and the preparation of a manual for judges and prosecutors on the basis of established international standards. 1.4.2.2. Publishing the report and -Higher Court in III and IV Budget of Published report with conclusions on criteria from the Belgrade quarter of 2015. Republic of criteria. Conference -War Crimes Serbia Prosecutor’s Office -Ministry of Justice Activity requiring insignificant costs. 1.4.2.3. Preparation of a manual for judges -Higher Court in IV quarter of Budget of the Printed and distributed and prosecutors on the criteria for Belgrade, 2015. and I Republic of manual for judges and determining the aggravating and -War Crimes quarter of 2016 Serbia prosecutors on the mitigating circumstances in Prosecutor’s office criteria for determining determining sentences in the Budgeted in the aggravating and international jurisprudence and -Ministry of Justice activity 1.4.1.9. mitigating preparation of a manual for judges circumstances in and prosecutors on the basis of determining sentences established international standards. in the international jurisprudence and preparation of manual for judges and 90 prosecutors on the basis of established international standards. 1.4.2.4. Preparing and publishing of report -Higher Court in Reporting Budget of the Report on on jurisprudence in Serbia Belgrade, period Republic of jurisprudence in Serbia concerning imposing sentences in Department for War commences Serbia concerning imposing war crime cases and identification Crimes from IV quarter sentences in war crime of cases in which sentences were of 2015 and Budgeted in cases has been determined near or below minimum continuously activity 1.4.1.9. prepared and published stipulated by the law. Prepare adding new and cases in which recommendations (if needed) based jurisprudence sentences were on the results of the report to assure on sentencing determined near or that no sentences are issued that go below minimum bellow the statutory minimum stipulated by the law defined by law. have been identified RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. The number of new cases against high level officers.

Suspects – independently of their 2. The number of completed cases against (former) rank or grade - are treated high level officers 1.4.3. Ensure equal treatment of suspects, including in cases of equally before the court both in high level officers allegedly involved in war crimes; terms of sentencing as well as in 3. Positive evaluation in the report of the terms of the speed of bringing their ICTY Chief Prosecutor and President to cases forward. the Security Council

4. Positive evaluation in the reports from relevant international and nongovernmental organizations RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS 1.4.3.1. Organizing the Round table -War Crime’s I and II quarter Budget of The Conference “Creating the Prosecutorial Strategy Prosecutor’s Office of 2015 Republic of organized and for investigation and prosecution of Serbia conclusions and war crimes in Serbia in the light of -Ministry of Justice recommendations the Completion Strategy of the published. ICTY” with the involvement and 1000€ 91 support of the ICTY, MICT, ICC, In 2015. Regional prosecutors and NGOs (development of and publishing conclusions from a strategy is the Round table. budgeted in Creating the WCP strategy for activity 1.4.1.2) investigation and prosecution of War crimes based on the conclusions from the round table and implementation of the Strategy.

Prerequisite establishing: Creating the Strategy 1. what allegation of war crimes Continuously and its implementation have been investigated in commencing in Serbia. accordance with international from I quarter standards; 2015 2. what viable investigations are pending before the WCP; 3. what viable investigations are pending before the Police; 4. which viable investigations need to be prioritized over other based on identified criteria (category 1 - 3 cases); 5. what timeline is envisaged for the investigation and prosecution of all category 1 – 3 cases.

(Shared activity with recommendation 1.4.1) 1.4.3.2. Establishing the criteria’s for the -War Crimes I and II quarter Budget of Established criteria for selection of war crime cases and Prosecutor’s Office of 2015. Republic of selection of cases and creating the list of priority and -Ministry of Justice Serbia creating the list of important war crime cases that must priority cases of the be resolved in order to fulfill Budgeted in WCP (working on obligation that all allegations are activity 1.4.1.3 cases based on the properly investigated and that all above mentioned 92 priority and important cases are internationally subsequently prosecuted and tried. recognized Strategy)

(Shared activity with recommendation 1.4.1) 1.4.3.3. Cooperation on individual cases -War Crimes Continuously, Budget of Sharing the knowledge between the WCP and the ICTY Prosecutor’s Office commencing Republic of on judicial practice on and MICT on sharing the strategy from II quarter Serbia crimes and types of in cases of high level officers and -Ministry of Justice of 2015. 34.569€ responsibility in the transferring the knowledge on cases of high level judicial practice relevant for types In 2015 – 8.642€ officers transferred and of responsibility and crimes transparency of the (command responsibility; crimes In 2016 –8.642€ creation of against humanity; specific direction prosecutorial strategy of aiding and abetting) In 2017 -8.642€ in concrete cases

In 2018 - 8.642€ 1.4.3.4. Preparing and publishing the Report -War Crime II and III Budget of WCP’s report on the by the WCP on the activities in Prosecutor Office quarter of 2015. Republic of activities in relation to relation to all criminal charges (reporting Serbia all criminal charges since 2010 specifically emphasizing -Ministry of Justice period from II since 2010, specifically the cases related to high level to III quarter of Budgeted in emphasizing the cases officers 2015) activity 1.4.3.3. related to high level officers, has been published. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

93 1. The number of witnesses in witness protection program and increased number of witnesses who would like to testify without protection in war crimes cases;

2. European Commission has issued, in its Annual progress report on Serbia, positive evaluation concerning the level of security of witnesses and informants and concerning functioning of support Security of witnesses and 1.4.4. Step up security of witnesses and informants and improve services for witnesses and informants informants has been stepped up and witness and informant support services; support services for witnesses and informants have been improved. 3. Decrease in number of cases in which the status of witnesses and connected information is endangered or in which there is the risk of making witnesses and information publically available

4. Positive evaluation in the reports from relevant international and nongovernmental organizations RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS 1.4.4.1. Analysis of current practice in the -Working group, Second half of Budget of the Prepared analysis of implementation of Article 102, established by the 2015. Republic of current practice in the paragraph 5 of the Criminal Minister of Justice, Serbia implementation of Procedure Code in order to identify which encompasses Article 102, paragraph existing needs for amending Article representatives of 17.285€ 5 of the Criminal and better protection of witnesses. following In 2015. Procedure Code in institutions: order to identify Ministry of Justice, existing needs for War Crimes amending Article and Prosecutor’s Office, better protection of Higher Court in witnesses. Belgrade- Department for War Crimes, Ministry of 94 Interior- Witness protection unit

1.4.4.2. Preparation of analysis (report) of -Ministry of Interior I and II quarter Budget of the Creation the analysis conduct and work in past years of of 2015 Republic of (report) the Ministry of Interior’s „Unit for (reporting Serbia period since the witness protection“ in order to establishment Budgeting in determine needs for Office's of the Unit) Chapter 24, reform, specifically its working activity 6.2.11.2. methods (involving independent members from WCP, Higher Court, relevant scholars and eventually member of the ICTY witness and victims unit in analyzing the report of the Unit and making recommendations ).

Amendments of the Rules of the -War Crimes During III Budget of the Rules of the witness 1.4.4.3. witness and victims support unit Prosecutor’s Office quarter of 2015. Republic of and victims support (addressing expanding the Serbia unit has been amended. jurisdiction of the unit on -Ministry of Justice investigation and pre- Budgeted in investigation). -Higher Court in activity 1.4.1.9. Belgrade, War Crime Chamber 1.4.4.4. Changing the systematization of -War Crimes II quarter of Budget of the The systematization WCP, introducing the section for Prosecutor’s Office 2015. Republic of changed and employed employment of the psychologist Serbia psychologists who will that will deal with victims and -Ministry of Justice deal with witnesses witnesses when needed Budgeted in and victims -Higher Court in activity 1.4.1.9. Belgrade, War Crime Chamber 1.4.4.5. Organizing the Round table „Best -War Crimes II quarter of Budget of The Round table practices witness and victims Prosecutor’s Office 2015. Republic of organized and support through the criminal Serbia published conclusions proceeding ICTY and ICC“ -Ministry of Justice and recommendations. 1000€ 95 -Higher Court in In 2015. Belgrade, War Crime Chamber 1.4.4.6. Improving the Status of the -War Crimes IV quarter of Budget of Improved the Status of Ministry of Interior’s „Unit for Prosecutor’s Office 2015 and I Republic of the Ministry of witness protection“ quarter of 2016. Serbia Interior’s „Unit for – Changing the rules and -Ministry of Justice witness protection“ criteria for employing and Budgeting in through changed rules selecting new members of -Higher Court in Chapter 24, and criteria for the unit Belgrade, War activity 6.2.11.3. employing and – Training of the new Crime Chamber selecting new members members of the Unit of the unit. through EU WINPRO New members of the program Unit trained through EU WINPRO program. 1.4.4.7. Amend Rulebook on internal -War Crimes I quarter of Budget of Amended Rulebook on systematization and job Prosecutor’s Office 2015 and I the Republic of internal classification in the Ministry of quarter of 2016. Serbia systematization and Interior in Article 13, which refers -Ministry of Interior job classification in the to the activities and organization of Budgeting in Ministry of Interior in the Protection Unit. (measure from Chapter 24, Article 13, which the Action Plan for Chapter 24, activity 6.2.11.2. refers to the activities Subchapter- Organized crime) and organization of the Protection Unit. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1.4.5. Ensure confidentiality of the investigation including Investigations are confidential 1. Positive reports to the Security Council witness and informant testimony. including witness and informant submitted by the Chief Prosecutor and testimony. President of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991;

2. Positive evaluation issued in Annual progress report on Serbia by European Commission concerning improvement of

96 Constitution’s provisions RESPONSIBLE TIMEFRAME FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY /DEADLINE RESOURCES STATUS Organizing round tables and -War Crimes III quarter of Budget of the Round tables 1.4.5.1. lectures for the members of Prosecutor’s Office 2015. Republic of organized and lectures Ministry of Interior (War Crime Serbia delivered. investigative section and Witness protection unit) on the subject of 1000€ „Basic communication with In 2015. media“. 1.4.5.2. Creating particular segment on -War Crimes III and IV Budget of the Particular segment on WCP website relating to power Prosecutor’s Office quarter of 2015. Republic of WCP website relating point presentation on the subject Serbia to power point “Basic communication with media” presentation on the and data that clarify which Budgeted in subject “Basic information from war crime activity 1.4.1.9. communication with proceedings can be available to the media” has been public. created and data, that clarify which information from war crime proceedings can be available to the public, have been specified.

2. FIGHT AGAINST CORRUPTION

2.1. IMPLEMENTATION OF ANTI-CORRUPTION MEASURES

CURRENT STATE OF PLAY: Republic of Serbia has adopted National Anti-Corruption Strategy for the period 2013-2018 (Strategy) and accompanying Action plan, which determines activities for implementation of strategic objectives. In order to establish a system for coordinating the implementation of the Strategy and Action Plan, the Ministry of Justice implemented the measure 5.1. from Action plan and has formed the Group for the coordination of the implementation of the National Anti- Corruption Strategy. Scope of operation of Group for Coordination includes, among others, the activities related to the coordination and networking of bodies that implement Strategy, gathering data and organizing consultative meetings of representatives of authorities in relation to the implementation of the Strategy 97 and Action Plan. Shortly after the commencement of the implementation of measures and activities from the Action Plan, the practice has shown that sustainable development in the implementation of the Strategy and Action Plan can be achieved only through coordination at the highest political level. This need has also been identified by the Anti-Corruption Council. Taking into account that fight against the corruption is one of the most important objectives in the Republic of Serbia, the Government, decided, on August 7th 2014, on the establishment of the Coordination body for the implementation of the Action Plan for the Implementation of the National Strategy for Combating Corruption, which has established the coordination at the highest political level. The head of the Coordination Body is the Prime Minister and members are ministers in charge of judiciary and finance, as members of the Anti-Corruption Council. The state authorities competent for the implementation of the Action Plan appoint a person from among the ranks of public officials who are in charge of implementing measures from their own competencies. Secretary of State in charge of anti-corruption in the Ministry of Justice, with the participation of the Office for Cooperation with Civil Society and the Group for the coordination of the implementation of the National Anti-Corruption Strategy, is accountable for political and technical coordination between the State Secretaries. Civil society organizations take participation in the process of coordinating the implementation of anti- corruption measures by submitting their reports and suggestions to the Office for Cooperation with Civil Society, which, then, forwards them to the Coordination body for the implementation of the Action Plan for the Implementation of the National Strategy for Combating Corruption. In this way, a legal and institutional mechanism for coordination of the implementation of the Strategy and Action Plan for fight against the Corruption has been established, and measures are aimed at the achieving concrete results in practice.

The task of the Anti-corruption Council is to: review the activities in the field of fight against corruption, to propose to the Government measures to be taken in order to effectively fight against corruption, and to monitor their implementation, and to take initiatives for the adoption of regulations, programs, and other acts and measures in this field. As an advisory body of executive power, Anti-Corruption Council used to regularly prepare and submit reports and initiatives to the Government on the phenomena of corruption, systemic corruption, but there was lack of interactive relation between the two bodies. Below are the envisaged measures, which implementation, will ensure that the Government and competent state authorities systematically review reports and initiatives of Anti- Corruption Council during implementing measures in the field of fight against corruption.

The Republic of Serbia has ratified all major international instruments in the fight against corruption. Generally, laws and regulations are partly compatible with accepted international standards. To identify deficiencies in the legislative solutions, the representatives of the Republic of Serbia are actively involved in the compatibility assessment conducted by European and international organizations, such as the evaluation by the Group of States against Corruption (GRECO) and the UN Office on Drugs and Crime. Plan to harmonize the internal legal system with the EU acquis for the period 2013-2018, has been determined in the National Programme for the Adoption of the Acquis. This medium-term document, whose structure besides legislative, includes institutional and administrative framework, also governs the field of fight against corruption. Basic guidelines for planning the necessary legislative changes used to represent the measures previously identified in the Action Plan to the National Anti-Corruption Strategy for the period 2013-2018, which, inter alia, stipulates the improvement of corruptive and economic offences.

With the adoption of the National Anti-Corruption Strategy for the period 2013-2018, a new system of monitoring of the implementation, coordination and supervision of the implementation of strategic objectives has been established. The Anti-Corruption Agency, as an independent state authority, has continued to supervise the implementation of the Strategy and Action Plan and to report on the degree of realization of these documents to the National Assembly. Anti- Corruption Council has been vested with the competence of the monitoring of the results of the implementation of the Strategy and Action Plan. The Council collects information about the experience and the obstacles for the effective implementation of the Strategy and Action Plan and reports thereon to the Government. The role of the Coordinator is entrusted to the Ministry of Justice, within which the Group for coordination of the implementation of the National Anti-Corruption Strategy has been established. For the timely collection of information about the performance of the given activities, each responsible entity for the implementation of the Action Plan, has appointed a contact person for communication and exchange of experiences. Almost a year after the implementation of the Strategy and Action Plan, there was a change in the system of coordination by formation of the Coordination Body headed by the Prime Minister which 98 raised coordination to the highest political level. As described above, an institutional framework for the implementation, coordination, monitoring of results of implementation and monitoring of the implementation of the Strategy and Action Plan has been established. For the purpose of efficiency of the established system, the need to clarify new competencies and duties of each individual factor in implementing the strategic objectives for the fight against corruption has been identified.

The Anti-Corruption Agency(the Agency) is an independent state authority, which reports to the National Assembly for its operation. Law on the Fight Against Corruption ("Official Gazette of RS", no. 97/08, 53/10 66/11-Constitutional Court’s decision and 67/13- Constitutional Court’s decision) provides a wide range of responsibilities of the Agency relating to resolving the incompatibility of public offices and conflict of interest, controlling the assets of public officials and keeping a register of public officials, property and gifts; controlling the financing of political subjects, addressing the complaints of citizens, education, supervision over the implementation of the strategic framework, the analysis of regulations, and so on. Though the Agency has shown some results in the discharge of their competencies, the need for a redefinition of responsibilities and strengthening the capacities of the Agency has been identified, in order to ensure greater efficiency. In order to overcome the shortcomings, the National Anti-Corruption Strategy for the period from 2013 to 2018 and the Action Plan, envisaged measures for changes of normative, administrative and operational framework of the Agency. Aim of these measures is to establish a correlation between the scope of the Agency's jurisdiction and its administrative and budgetary capacities. From the annual report of the Agency also comes the need to provide greater interconnection and interoperability of the Agency, as well as the effective implementation of the conclusions of the National Assembly in relation to the report of the Agency.

The adoption of the Law on Financing Political Activities ("Official Gazette of RS", No. 43/11) the Republic of Serbia has significantly improved the legal framework in this area and fully implemented the recommendations of GRECO. The Anti-Corruption Agency, on May 31st 2013, presented the First report on the costs control of political entities - the election campaign after the elections in 2012. Implementation of the Law showed that the changes of certain legal provisions would lead to a better implementation in practice, and in particular the provisions concerning the obligation of the authorities responsible for the control of political actors. To this day there was not made even one external audit of political entities, because they were not provided by law as compulsory subjects of the audit of the State Audit Institution (SAI). An additional problem in this area is the lack of the necessary capacity of authorities responsible for the control of funding.

Mechanisms for the prevention and elimination of conflicts of interest in Serbia have been improved by adopting the Law on the Fight against Corruption ("Official Gazette of RS", no. 97/08, 53/10, 66/11 and 67/13), which governs the issue of conflicts of interest that applies only to officials performing public functions. For other employees in state bodies and organizations do not exist or exist only partial legal provisions to prevent conflicts of interest. Inconsistency of legislation in this area is described as the main obstacle in the annual report of the Anti-Corruption Agency in 2013. The lack of a coherent legal framework that would create the same mechanisms for the prevention and elimination of conflicts of interest for all employees in the public sector is hampering combating this phenomenon. Consequently, it is not sufficiently developed awareness of the concept of conflict of interest and methods to prevent at all levels. As the Republic of Serbia ratified international instruments which, among other things, regulate the issue of conflict of interest, it is necessary to take measures in order to harmonize legislation and the practical application of international standards.

The UN Convention against Corruption obliges Member States to consider introducing a crime "Illicit enrichment" if it was in accordance with the Constitution and the fundamental principles of the national legal system. The criminal legislation of the Republic of Serbia still does not provide the alleged offense, given that it may be contrary to the fundamental principles of criminal law and the principles of individual responsibility of the offender. On the other hand, the Anti- corruption agency has the authority to monitor and control the reporting of assets and revenue of officials, and in the case of possible irregularities identified, there are no clear mechanisms for sanctioning. Control of assets and income is particularly important from the aspect of implementation of financial investigations and tracing criminal proceeds. National Anti-Corruption strategy for period 2013- 2018, identified the need for a comprehensive analysis of the 99 institutional and legal framework for finding effective solutions for cases of illicit enrichment.

The right of citizens to access to information of public importance has been established by the Law on Free Access to Information of Public Importance ("Off. Gazette of RS", no. 120/2004, 54/2007, 104/2009 and 36/2010). Despite the fact that the current law is based on high international standards of exercising the rights from the perspective of the ways to protect the rights, includes body, the number and nature of exceptions to the principle of free access to information and similar criteria, nine-year old practice of application of this law shows that it is necessary to improve. While there are many positive examples of the implementation of the law, in practice it is observed a certain degree of inconsistency in the so-called sensitive cases, which are mostly related to public procurement, privatization, public spending, and so on. The National Anti-Corruption Strategy in Serbia in the period 2013 - 2018 and the Action Plan recognize the need to improve the law and to expand the powers and resources available to the Commissioner for Information of Public Importance and Personal Data Protection (the Commissioner). From the standpoint of the legal framework for the exercise of the right of access to information, it is important that the Government, on the initiative of the Commissioner, through the amendment of the Government’s Rules of Procedure, determined the liability of public authorities to obtain the opinion of competent institutions in the process of adopting regulations and through the amendment of the Rules of the obligation of public debate in drafting laws, enabled the availability of materials and information to the public.

One of the main goals of the previous Public Administration Reform Strategy for the period 2004 - 2013 was the professionalization and de-politicization of public administration. In this field a little progress was made, which is the reason why Public Administration Reform Strategy in Serbia, adopted in February 2014, provides a continuation of the ongoing reform activities and extends them with the system of state administration in the public administration system. The two key objectives of the new strategy relating to the de-politicization of public administration were the establishment of a harmonized public service system based on merit and promotion of human resource management, and the strengthening of transparency, ethics and accountability in the performance of public administration. It is planned that the results achieved in this area by introducing civil service system based on the principles of politicization, professionalization, as well as a model of progress and reward according to merit (merit system). Special attention is given to clearly and precisely define the requirements and criteria for candidate selection and promotion, especially in the case of managerial jobs, ie. position. In the area of control mechanisms, regulations on internal audit and financial management and control are aligned with international standards, Central Harmonization Unit continued to direct the technical activities, in particular training and certification of internal audit.

Positive legal framework of the Republic of Serbia does not provide adequate protection for persons who, due to report on suspicions of corruption or any other illegal actions, suffer some consequences and often the ones that affect their employment status. In accordance with previous reports on the progress of the Republic of Serbia in the process of European integration, while keeping in mind the United Nations Convention against Corruption, in response to perceived shortcomings of the existing system of protection, the National Anti-Corruption Strategy for the period 2013 - 2018, and the related Action Plan stipulated the obligation enactment of a comprehensive law to regulate the issue of the protection of whistleblowers. The main aim of the law should be to establish an efficient and effective protection of whistleblowers. In addition to establishing an adequate legal framework envisages a series of measures for the effective implementation of regulations in practice and raise awareness about the importance of and how to protect whistleblowers.

The Law on Public Procurement ("Official Gazette" No. 124/12, as follows: PPL) predicted a series of measures to strengthen control and supervision over its implementation. There are special provisions on the prevention of corruption and conflict of interest, as well as greater transparency in public procurement procedures. The Public Procurement Office (PPO) and the Republic Commission for the Protection of Rights in Public Procurement Procedures (RK), were given new powers and greater authority. PPO supervise the implementation of the Law on Public Procurement. In order to prevent un-reasoned application of the negotiation procedure without a prior public call introduced an obligation to obtain the prior opinion of the PPO. It is introduced that the PPO and the State Audit institution (DRI) monitor procurement plans and the merits of changes to public procurement contracts. It is prescribed a longer statute of limitations violations of Public Procurement (3 years). PPO has received authorization for initiating misdemeanor proceedings, while the RK responsible for prosecution in the first 100 degree. Both institutions are responsible for initiating the procedure for the determination of the void of the public procurement contract. RK in cases prescribed by law terminates public procurement contract, impose fines and decides on prohibition of misusage of right to petition for protection of the right. A key problem during the past year of implementing the new system of supervision and control of the implementation of the Law on Public Procurement is the limited administrative capacity of PPO, above all in terms of personnel. It is also necessary to analyze the effects of all mechanisms of supervision and control, and in accordance with the findings of the analysis make changes through amendments to the Public Procurement Law, as well as make recommendations in respect of other legislation. Cooperation between the institutions in the system of supervision and control is significantly improved from the beginning of implementation of the Law on Public Procurement on April 1st 2013, but it is necessary to work on its further improvement.

The National Anti-Corruption Strategy for the period from 2013 to 2018 recognized the high risk of corruption in privatization and generally in the private sector. Action plan for the implementation of the Strategy provides for amendment of the legal framework so as to eliminate the risks of corruption in the regulations governing the process and control over privatization, reorganization and bankruptcy of state and social capital. Apart from changes of the legal framework, it is necessary to establish a system of effective implementation and control of the implementation of the legislation in the field of privatization. Serbian Chamber of Commerce, as part of the activities of implementation of the strategy, supports and promotes good practices of companies that have adopted Integrity plans, Code of Business Ethics, Rules of the International Chamber of Commerce for the fight against corruption, etc.

The National Anti-Corruption Strategy for the period from 2013 to 2018, and the accompanying Action Plan provide a range of concrete measures against corruption in the fields of health, tax, education, police, customs and local self-government. However, the practical implementation of planned measures shall represent an indicator of progress in the fight against corruption in these particularly high-risk areas. Therefore, it is necessary to collect relevant data on the extent and manner of implementation of the measures envisaged in order to determine their effect and anticipate next steps for continuing the fight against corruption in high-risk areas. A large part of the necessary reforms is related to the establishment of an appropriate legal, institutional and administrative framework. Upon the establishment of the above key foundations for the fight against corruption in high-risk areas, relevant indicator of progress will be consistent implementation of the established mechanisms in practice.

Article 55 of the Constitution guarantees freedom of political, union or any other association and the right to stay out of any associations, and associations are established without prior approval, by registration in the register kept by the state authority in accordance with the law. In this regard, in January 2011, the Government established the Office for Cooperation with Civil Society Organizations (Office) to support the development of civil dialogue between government institutions and civil society organizations in the process of the reform of the institutions and society in general. The importance and the role of the Office are reflected, inter alia, in the establishment of clear standards and procedures for the involvement of civil society at all levels of decision-making. In recent years, civil society has been very active in monitoring and evaluating the work of public authorities in this field, through public hearings, conferences, round tables and debates organized by various civil society organizations and government institutions. In terms of the development of the National Anti-Corruption Strategy from 2013 to 2018, and the accompanying Action Plan, representatives of civil society organizations were involved in all phases of the aforementioned acts, which have been contributed by their comments, suggestions and proposals. This has resulted in the adoption of the strategic objectives relating to the creation of conditions for active participation of civil society in the fight against corruption.

The chapter on criminal offenses against the economy of the Criminal Code of Serbia ("Official Gazette of RS", no. 85/2005, 88/2005, 107/2005, 72/2009, 111 / 2009.121 / 2012 and 104/2013) is harmonized to a great extent with the Criminal Law Convention on Corruption, the UN Convention against corruption, the Convention on the fight against corruption of foreign officials in international transactions and other international instruments. The GRECO report on Serbia’s compliance with the recommendations analyzed the criminal offenses of corruption in the third round of evaluation and offered five recommendations for improvement. Additional report on implementation has been sent to GRECO Secretariat and the report on the implementation of recommendations is expected by the end of 2014. However, there is a need to fully align the chapter on criminal offenses against the economy of the Criminal Code with international instruments. 101 In addition, new methods of performing economic crimes require modernization and improvement of criminalization in national legislation. This need has been recognized in the National Anti-Corruption Strategy for the period from 2013 to 2018, and the accompanying Action Plan, providing for the improvement of economic and corruption offenses in the Criminal Code.

A developed efficient and proactive action in detecting and prosecuting corruption and organized crime represent the basis of the repressive action against these phenomena. The key prerequisites for effective acting involve independent competent institutions, adequate staffing, effective horizontal and vertical cooperation established and exchange of information between the police, public prosecutors, courts and other state bodies and institutions. The need for cooperation with national and European institutions and organizations, as well as other international organizations (Eurojust, OLAF, GRECO, OECD, etc.) is particularly emphasized. With the entry into force of the new Criminal Procedure Code ("Official Gazette of RS", no. 72/11, 101/11, 121/12, 32/13, 45/13 and 55/2014), in all public prosecutors’ offices, of general and special competence, the prosecution has obtained a leading role in obtaining evidence and their presentation in court. Certain results have been achieved in practice; however, further progress is necessary particularly in cases of high level corruption. Improving financial investigations is one of the prerequisites for achieving significant results in practice, in addition to strengthening the independence and mutual information exchange between relevant authorities. (See further chapter 24, subchapter fight against organized crime.)

Privatization process in Serbia has proved to be one of the most critical areas of corruption. The report of the Anti-Corruption Council and many other indicators point to a number of irregularities that have occurred due to a series of inaccuracies and non-transparency of the privatization legislation. Such vagueness of regulations has created numerous opportunities for abuse. In addition, many of the privatization contracts contain violations of the equivalence of benefits, which was enabled by inadequate control, both in terms of performance of the contract, and in the exercise of powers of the Director of the Privatization Agency. The National Anti-Corruption Strategy in the period from 2013 to 2018 provides a number of measures to prevent corruption in the privatization process. They can be grouped into two categories: changes of the corruptive provisions of the rules and improvement of the conduct of the competent authorities in the detection and prosecution of criminal offenses in the privatization process. New Law on Privatization ("Official Gazette of RS" No. 83/2014) was adopted in order to improve the legal provisions of the privatization process and eliminate the deficiencies that have led to numerous abuses. The adoption of the new law represents the beginning of implementation of the Action Plan for implementation of the Strategy, which provides a number of other measures to improve these areas.

In the Republic of Serbia, the police, prosecution and courts use different systems for monitoring criminal cases. In practice, such an approach creates a number of problems. The police keep statistical records according to the number of reported crimes; the prosecution according to the number of reported persons; whereas the court statistics is kept according to the number of cases. Such record keeping is not suitable for measuring the progress and the level of efficiency of the criminal justice system, neither for setting up criminal policy. The goal of establishing a unique records keeping system or an electronic record for criminal offenses with elements of corruption is, inter alia, the precise systematization and classification of data as well as regular control and information exchange. One of the tasks this information system has to correspond to is to establish a uniform system of reporting on corruption and organized crime. By achieving this goal, the Ministry of Justice shall have the ability to produce reliable annual report on cases with elements of corruption, which contain all the relevant information about the course of the investigation, the progress of the criminal proceedings and their outcome. Mutually compatible forms in the police, courts and prosecutors’ offices should also include the possibility of monitoring cases of proactive conduct, acting upon the reports of the Agency, State Audit Institution, Tax Administration, and Administration for public procurement, etc.

The legal framework for conducting financial investigations and tracing criminal proceeds is regulated by the Law on Seizure and Confiscation of the Proceeds from Crime ("Official Gazette of RS", no. 32/2013). Also, the Criminal Procedure Code ("Official Gazette of RS", no. 72/2011, 101/2011, 121/2012, 32/2013, 45/2013 and 55/2014) provides for special investigative techniques that are used to facilitate tracking of the proceeds from crime. Competent authority for the implementation of financial investigation is the Financial Investigation Unit, responsible for financial investigation at the Ministry of Interior, while the Directorate for Administration of Seized Assets is responsible for the management of seized assets within the Ministry of Justice. The National Anti-Corruption 102 Strategy for the period of 2013-2018, provides for measures to improve the implementation of financial investigations and management of seized assets. It is necessary, inter alia, to improve the efficiency of relevant institutions, records keeping and information exchange at the national and international level.

Pursuant to the Constitution of the Republic of Serbia, the following categories of persons shall enjoy immunity: MPs, the President of the Republic, the President and members of the Government, the judges of the Constitutional Court, judges, public prosecutors and deputy public prosecutors, the Ombudsman, members of the High Judicial Council and State Prosecutorial Council. Parliamentary immunity includes substantive immunity (immunity from liability and the procedural immunity. A judge may not be detained in proceedings instituted for a criminal offense committed in the performance of judicial functions without the approval of the High Judicial Council. Member of High Judicial Council shall enjoy immunity as a judge. A public prosecutor and deputy public prosecutor cannot be held responsible for the opinions expressed in the exercise of prosecutorial functions, unless it is a criminal offense of violating the law by the public prosecutor or deputy public prosecutor. A public prosecutor and deputy public prosecutor may not be deprived of liberty in proceedings instituted for a criminal offense committed in the exercise of prosecutorial function or service, without the approval of the competent committee of the National Assembly. Member of the State Prosecutorial Council shall enjoy immunity as a prosecutor. A judge of the Constitutional Court shall enjoy immunity as a deputy. The Constitutional Court decides on his/her immunity.

The Republic of Serbia has a legal framework that guarantees a wide range of public access to information of public importance, which is a fundamental right in a democratic society. The implementation of regulations in this area, in connection with the respect of the right to personal data protection and the presumption of innocence, still represents a challenge. Exposure of the details of investigations based on anonymous sources of information that was "leaked" from police action or criminal prosecution, may jeopardize the investigation, undermine the presumption of innocence and violate the right to privacy. In such cases, the absence of adequate response against persons who have exposed sensitive and confidential information from the investigation is notable. The aim of the regulations on personal data protection is the protection of fundamental human rights, which requires that the information can only be obtained in accordance with the law - under strict conditions and for the purposes defined by law. Therefore, it is necessary to strengthen internal control mechanisms and sanctioning to prevent the disclosure of confidential information to the media.

Practical implementation of the planned measures shall represent an indicator of progress in the fight against corruption. Therefore, it is necessary to collect relevant data on the extent and methods of implementation of the envisaged measures in order to determine their effect and anticipate next steps for systematic fight against corruption in high-risk areas. A large part of the necessary reforms relates to the establishment of an appropriate legal, institutional and administrative framework. Upon the establishment of the above key grounds for the fight against corruption in high-risk areas, the relevant indicator of progress will be consistent application of established mechanisms in practice. 2.1.IMPLEMENTATION OF ANTI-CORRUPTION MEASURES

1. Positive opinion of European 2.1.1. Broaden the political and institutional ownership, Coordination of implementation of anti- Commission stated in Annual Progress including high level coordination, of the fight against corruption measures established at the Report on Serbia; corruption and identify clear high level institutional highest political level, along with political leadership in the implementation of the anti-corruption and institutional accountability of high 2. Degree of implementation of measures strategy in particular; level institutional leadership for the and activities from the Action Plans, 103 implementation of strategic measures in based on the report of the Anti- the fight against corruption. Corruption Agency;

ACTIVITIES RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION RESULT AUTHORITY DEADLINE RESOURCES STATUS

2.1.1.1. Amending the Decision -Government of the IV quarter of Budget of the Decision on which established the Republic of Serbia 2014. Republic of Serbia extension of Coordination Body for the competencies of implementation of the -Ministry of Justice Activity requiring Coordination Body Action Plan for the (State secretary in insignificant costs for implementation Implementation of the charge of anti of National Anti- National Anti-Corruption corruption) Corruption Strategy Strategy in the Republic of adopted. Serbia in the period 2013- 2018 by extending the competencies of the Government’s Coordination Body to the coordination of implementation of this Action Plan for Chapter 23, Subchapter fight against corruption. 2.1.1.2. Organizing regular bi- -Ministry of Justice Continuously Budget of the Publishing of annual meetings of the (State secretary in Republic of Serbia reports from Coordination Body, charge of anti- 30.878 € meetings of the presided by the Prime corruption) Coordination Body Minister (political level), In 2014 - 6.176 € on the website of quarterly and bilateral -Group for Ministry of Justice. meetings, presided by the Coordination of the In 2015 - 6.176 € State Secretary of the implementation of the Ministry of Justice (political National Anti- In 2016 - 6.176 € Reports of Anti- and technical level, Group Corruption Strategy Corruption Agency for coordination of the In 2017 - 6.176 € on the monitoring implementation of the the implementation National Anti-Corruption In 2018 - 6.176 € of the National Strategy) in order to monitor Anti-corruption implementation of the Strategy for period obligations stipulated in the 2013-2018 Action plans. reviewed. 104 Meetings of the coordination bodies are open to the public and participation of civil society organizations. 2.1.1.3. Strengthening of capacities -Ministry of Justice IV quarter of Budget of the Report on Needs of the Group for (State secretary in 2015. Republic of Serbia, Assessment. coordination of the charge of anti- 31.913 € implementation of the corruption) In accordance with National Anti-Corruption In 2016 - 10.638 € Needs Assessment, Strategy, in accordance with capacities of the previously prepared Needs In 2017 - 10.638 € Group for Assessment. coordination of the In 2018 - 10.638 € implementation of the National Anti- Corruption Strategy strengthened. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

1. Number of reviewed recommendations (stated in Annual report on work of 2.1.2. Ensure systematic consideration of the recommendations of the Anti-Corruption Systematic consideration of the Anti-Corruption Council) which have recommendations of the Anti-Corruption been taken into consideration by the Council; Council ensured; Government and other competent state authorities during implementation of measures in the field of fight against corruption; RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS

2.1.2.1. Government includes all -Government of the Continuously Budget of the Records from reports of Anti-Corruption Republic of Serbia Republic of Serbia Government’s Council and reviews reports sessions adopted. as part of daily agenda. Activity requiring insignificant costs

105 2.1.2.2. Inclusion of Anti-Corruption - Authorized proposing Continuously. Budget of the Council takes Council in legislative authorities of laws Republic of Serbia, active participation procedure concerning 43.211 € in legislative regulations which, procedure. according to Council’s In 2014 - 8.642 € assessment, bear a risk of corruption. Members of the In 2015 - 8.642 € Council are required to take active participation in the In 2016 - 8.642 € operation of working groups as members or observers. In 2017 - 8.642 €

In 2018 - 8.642 € 2.1.2.3. The Republic Public -The Republic Public Continuously. Budget of the The Republic Prosecutor's Office draws up Prosecutor’s Office Republic of Serbia Public Prosecutor's annual reports on Office drawn up conduction of activities in -Government of the Activity requiring annual reports on compliance with reports of Republic of Serbia insignificant costs conduction of Anti-Corruption Council activities in and submits reports to the compliance with Government. reports of Anti- Corruption Council and submitted reports to the Government. 2.1.2.4. Strengthening budgetary and -Government of the I quarter of 2015. Budget of the Government issued staff capacities of Anti- Republic of Serbia Republic of Serbia decree on Corruption Council. 127.650 € appointment of members of Anti- In 2015 - 31.913 € Corruption Council issued. In 2016 - 31.913 € Higher degree of In 2017 - 31.913 € administrative support of General In 2018 - 31.913 € Secretariat of the Government.

106 RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

1. Positive opinion of European Commission stated in annual progress Ensured legal alignment with the EU 2.1.3. Ensure legal alignment with the EU Acquis - report on Serbia; Acquis and UNCAC in field of fight including as regards the definitions of active and passive against corruption including as regards corruption – and with the UN Convention against 2. GRECO reports on evaluation; the definitions of active and passive Corruption (UNCAC); corruption. 3. Reports of UN Office on Drugs and Crime on compatibility with UNCAC. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS

2.1.3.1. Conduct comprehensive -Ministry of Justice IV quarter of Total- 4.030.878 € Analysis analysis of compatibility of (State secretary in 2015. conducted. anti-corruption legislation charge of anti- Budget of the with EU Acquis and corruption) Republic of Serbia international standards in -30.878 € order to identify deficiencies of legal framework of fight In 2015 against corruption. IPA 2013

Total - 4.000.000 €

In 2015 1.600.000€

In 2016 -1.600.000€

In 2017 - 800.000 €

107 2.1.3.2. Adopt amendments and -Ministry of Justice IV quarter of Amendments and supplements to legal (State secretary in 2016 supplements to the framework of fight against charge of anti- Total - 32.628 € law adopted. corruption in line with the corruption) comprehensive analysis of Budget of the compatibility of anti- - National Assembly Republic of Serbia - corruption legislation with 30.878 €, EU Acquis and international standards in order to identify deficiencies TAIEX- 1.750 € of legal framework of fight against corruption from item In 2016 2.1.3.1. and in line with identified deficiencies. RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

1. Positive opinion of European Different factors in charge of Commission stated in Annual Progress implementation and monitoring of the Report on Serbia; 2.1.4. Clarify the co-ordination and co-operation between the implementation of the Action plan different actors in charge of implementing and monitoring comprehend their role in relation to 2. Degree of implementation of measures the action plan implementation and monitoring of and activities from Action plans, based implementation of the Action plan. on the report of the Anti-Corruption Agency. RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Adopted Law on 2.1.4.1. Adoption of amendments -Ministry of Justice I quarter of 2015. Budget of the amendments and and supplements to the Law (State secretary in Republic of Serbia- supplements to the on the National Assembly in charge of anti- 48.650 € Law on National order to introduce obligation corruption) Assembly. of the Government to submit In 2015. (at least once a year) report - National Assembly on implementation of National Assembly’s conclusions which have been adopted upon taking into consideration of the 108 reports of the Agency. Government is required to submit the aforementioned reports within the 6 months following the adoption of the aforementioned conclusions by National Assembly whereas National Assembly is required to review the Government’s report at the session. 2.1.4.2. Adopt amendments and IV quarter of Budget of the Adopted law supplements to Law on -Ministry of Justice 2014. Republic of Serbia amending Law on Anti-Corruption Agency (State secretary in 48.650 € Anti-Corruption introducing the following: charge of anti- Agency. - report on implementation corruption) In 2014. of the Strategy has to be - National Assembly submitted separately from . annual report on work of Agency

-stakeholders from Action plan are required to submit to the Agency: A) bi-annual reports on implementation and B) documentation which prove that activities from Action plan are implemented

-entitlement of Agency to require data from stakeholders and, if necessary, to require oral argumentation from stakeholders in relation to submitted data

- entitlement of Agency with the right to submit opinion 109 concerning implementation of Strategy and Action plan to stakeholders or state authority that elected and appointed manager of the stakeholder

-Proscribing misdemeanor- if liable person in the stakeholder does not submit report or if, without good reason, does not comply with Agency’s request for oral arguments concerning additional data. 2.1.4.3. Draw up Rules of -Ministry of Justice I quarter of 2015. Budget of the Drawn up Rules of Procedures for (State secretary in Republic of Serbia Procedures for implementation of Action charge of anti- 1.000 € implementation of plan for implementation of corruption) Action plan for National Anti-corruption In 2015. implementation of Strategy for period 2013- National Anti- 2018. corruption Strategy for period 2013- 2018. 2.2. PREVENTION OF CORRUPTION

2.2.1. Clarify the mandate of ACA ensuring that its Improved efficiency of Anti-corruption 1. Positive opinion of European staffing level matches the tasks it is asked to Agency in exercising its competencies Commission stated in Annual Progress perform. Further improve its efficiency through through an amended legal basis, Report on Serbia; and amended legal basis and strengthen its strengthen its administrative capacity and administrative capacity, allowing it to better ensured better connectivity to various 2. Annual report on work of Anti- perform its coordinating role inter alia by agencies and state authorities. Corruption Agency; ensuring that it is better connected, including through databases, to various agencies and that its reports, complaints and recommendations receive an adequate follow up; ensure effective 110 and operational monitoring mechanisms

RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS Amend the Law on Anti- - Anti-Corruption I quarter of 2015. Adopted law which 2.2.1.1. corruption Agency based on Agency (Director) Budget of the amends Law on the performed analysis on - National Assembly Republic of Serbia Anti-Corruption the Anti-Corruption -55.697 € Agency based on Agency’s competencies in the results of the order to ensure Agency’s In 2015. conducted analysis efficiency in dealing with: on competencies of - assets declaration and IPA 2013 Anti-Corruption incomes of public office (Budgeted in activity Agency. holders 1.2.2.1) -prevention of conflict of interest -control of financing the political activities -supervision over implementation of integrity plans and -supervision over implementation of Strategy and Action plan. 2.2.1.2. Conduct midterm analysis -Ministry of Justice II quarter of 2015 Midterm analysis of of the competencies of the (State secretary in Total- 10.392 € the competencies of Anti-Corruption Agency in charge of anti- the Anti-Corruption order to ensure Agency’s corruption) Budget of the Agency conducted. efficiency in dealing with: Republic of Serbia- . - assets declaration and -With the participation 8.642 €, incomes of public office of Civil Society holders Organizations TAIEX- 1.750 € -prevention of conflict of 111 interest In 2015. -control of financing the political activities -supervision over implementation of integrity plans and -supervision over implementation of Strategy and Action plan 2.2.1.3. Monitoring the -Ministry of Justice Continuously Budget of the Annual report on implementation of Law of (State secretary in Republic of Serbia implementation of Anti-Corruption Agency and charge of corruption) 1.064 € Law published on acting of all state bodies in the web page of the line with the report of the -Anti-Corruption In 2014 - 213 € Ministry of Justice. Agency. Agency In 2015 - 213 € Annual report on operation of Anti- In 2016 - 213 € Corruption Agency.

In 2017 - 213 € Report on progress of the Republic of In 2018 - 213 € Serbia issued by European Commission.

2.2.1.4. Strengthening staff -Ministry of Justice For analysis: II Budget of the Analysis capacities of Anti- (State secretary in quarter of 2016 Republic of Serbia conducted. Corruption Agency, based charge of anti- Currently unknown on previously conducted corruption) For acting Amended Rules on analysis of current staff according to IPA 2013 internal capacities, in particular -Ministry of Finance analysis: IV organization and concerning: (State secretary in quarter of 2017 Budgeted in activity systematization of -organizational capacities charge of anti- 2.1.3.1 jobs in Anti- -number of employees corruption) Corruption Agency. -degree of competence -Anti-Corruption Vacancies filled in in order to align it with the Agency’s Board for accordance with competencies proscribed in fight against corruption amended Rules. Law of amendments and (Director, Deputy supplements to the Anti- Director) 112 Corruption Agency.

The same activity under 1.2.2.6.

2.2.1.5. Interconnectedness of data -Ministry of Justice IV quarter of Budget of the Interconnectedness bases for criminal (State secretary in 2016. Republic of of data bases investigations ensured i.e. charge of anti- Serbia8.642 €, ensured. secured system for corruption) In 2016. electronic exchange of information between public -Anti-Corruption prosecutors’ offices, police, Agency IPA 2013 Customs administration, Anti-Corruption Agency and Budgeted in activity other relevant state 2.1.3.1. authorities which have data bases of high importance for anti-corruption prevention. 2.2.1.6. Conduct mandatory -Anti-Corruption One year from IPA 2013 twinning Conducted introductory training of new Agency entering into education of employees in Anti- force of law Total - 2.000.000 € employees in Anti- Corruption Agency, as well amending Law on Corruption Agency as training of current Anti-Corruption In 2016 –800.000 € concerning new employees concerning new Agency. legislative solutions legislative solutions and In 2017 –800.000 € and operative operational mechanisms. mechanisms. In 2018 –400.000 € RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

113 1.Positive opinion of European Commission on progress of Serbia; 2.2.2. Ensure an effective implementation of the legislation on Law on control of financing of political the control of political party financing and the financing of activities is implemented efficiently in 2.Report on control of political activities electoral campaigns, in particular by issuing effective particular in part dealing with sanctions in cases of failures to report and proven implementation of sanctions for issued by Anti-Corruption Agency; irregularities; conduction not complying with provisions of the law. 3.Number of initiated and finalized misdemeanor procedures and other proceedings; RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 2.2.2.1. Quality analysis of -Ministry of Justice I quarter of 2015. IPA 2013, twinning Report on implementation of Law on (State secretary) conducted analysis. financing of political Budgeted in activity activities in particular -Anti-Corruption 2.2.1.6. measures which sanction Agency’s Board for noncompliance with the fight against corruption Law: (Director, Deputy -number of filed Director) misdemeanour charges -number of decisions of -Misdemeanour court misdemeanour courts (President) (adjourn the case, final) -conduction of misdemeanour courts, Anti- Corruption Agency Adoption of amendments -Ministry of Finance IV quarter of Budget of the Adopted 2.2.2.2. and supplements to Law on (State secretary) 2015. Republic of Serbia- amendments and Financing of Political 48.900 € supplements to Law Activities in order to clarify -Participation of Civil on Financing of and separate duties of Society Organizations In 2016. Political Activities. Agency, State Audit Institution and other -National Assembly IPA 2013, twinning relevant state authorities in the process of control of Budgeted in activity political activities and 2.2.1.6. subjects in order to clarify duties and mechanisms for 114 transparency of financing of political subjects in accordance with quality analysis on implementation of Law on Financing of Political Activities from item 2.2.2.1.

2.2.2.3. Proscribe in the program of -Ministry of Finance III quarter of Budget of the Adopted revision compulsory (State secretary) 2016. Republic of Serbia amendments and revision of parliamentary 48.900 € supplements to Law political parties on the -National Assembly on Financing of republic level and In 2016. Political Activities. introduction of duty of director of Tax administration to state donors of financial resources and other services to political subjects, in annual or extraordinary plan of tax control, in compliance with report of Agency on financing political activities and subjects. 2.2.2.4. Monitoring of -Ministry of Finance Continuously, Budget of the Annual report implementation of Law on (State secretary) commencing Republic of Serbia published on Financing Political from 2016. 638 € Ministry of Activities. -Anti-Corruption Finance’s web Agency In 2016 - 213 € page.

In 2017 - 213 € Report of Anti- Corruption Agency In 2018 - 213 € on financing of political activities and election campaign.

115 2.2.2.5. Strengthening the capacities -Ministry of Justice For analysis: II Budget of the Amended Rules on of Anti-Corruption Agency (State secretary in quarter of 2016 Republic of Serbia, internal for process of control of charge of anti- organization and financing political activities, corruption) For acting Currently unknown systematization of based on the analysis from according to vacancies in Anti- item 2.2.1.2. of Action plan, -Ministry of Finance analysis: IV Corruption Agency and with consent of (State secretary in quarter of 2017 in line with the Ministry of Finance charge of anti- analysis from item corruption) 2.2.1.1. and 2.2.1.1. Linked with activity 2.2.1.4. of Action plan. -Anti-Corruption Vacancies filled. Agency’s Board for fight against corruption (Director, Deputy Director) 2.2.2.6. With approval of the -Ministry of Finance Budget of the Amended Rules on Ministry of Finance, (State secretary in II quarter of 2016 Republic of Serbia internal strengthening of staff charge of anti- organization and capacities of State Audit corruption) Currently unknown systematization of Institution in order to vacancies in line efficiently conduct revision with the analysis. of parliamentary political parties, based on previously Vacancies filled. conducted analysis of capacities in particular concerning organizational structure, number of employees, degree of competence. 2.2.2.7. Establishing mechanisms of -Anti-Corruption One year from Budget of the Education and continuous education and Agency (Director, entering into Republic of Serbia informing of providing information to the Deputy Director) force of Law political subjects political entities obliged to amending Law on IPA 2013, twinning (which are obliged act in accordance with the financing of to operate in Law on the Financing political Budgeted in activity accordance with Political Activities. activities. 2.2.1.6. Law on financing of political activities) conducted.

1. Positive opinion of European 2.2.3. Improve the legal and administrative framework to The legal and administrative framework Commission on progress of Serbia; prevent and deal with conflicts of interest. Ensure the concept to prevent and deal with conflicts of 2. Annual report on operation of Anti- is well understood at all levels; interest improved. Ensured that the Corruption Agency; concept is well understood at all levels. 3. Number of initiated and finalized misdemeanor and other proceedings; RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 2.2.3.1. Conduct midterm analysis -Ministry of Justice II quarter 2015. Analysis of of Anti-Corruption (State secretary in Budget of the competencies of Agency’s competencies in charge of anti- Republic of Serbia - Anti-Corruption order to ensure Agency’s corruption) Agency conducted. efficiency in dealing with: TAIEX- - assets declaration and -Anti-Corruption incomes of public office Agency (Director) Budgeted in activity holders 2.2.1.2. -prevention of conflict of interest In 2015. -control of financing the political activities -supervision over implementation of integrity plans and -supervision over implementation of Strategy and Action plan (Measure from item 2.2.1.1. of Action plan). - Anti-Corruption I quarter of 2015. Budget of the Adopted Law on 2.2.3.2. Amending Law on Anti- Agency Republic of Serbia amendments and Corruption Agency in supplements to the accordance with conducted -Participation of Civil TAIEX Law on Anti- analysis. Society Organizations Corruption Agency. Budgeted in activity The same activity under - National Assembly 2.2.1.1. item 2.2.1.1. 117 2.2.3.3. Conducting professional -Anti-Corruption I quarter of 2015 IPA 2013 Education education of employees in Agency, (concurrently conducted. Sector for preventing Sector for preventing with the Budgeted in activity conflict of interest in Anti- conflict of interests amendments to 2.1.3.1. Corruption Agency the Law) concerning amendments and supplements to the Law on conflict of interest. Coordinate activity with item 2.2.1.6. 2.2.3.4. Conduct Feasibility study on -Ministry of Public IV quarter of IPA 2013 Conducted regulation of legal Administration and 2015. Feasibility study framework for prevention of Local-Self-government Budgeted in activity conflict of interest in public (State secretary) 2.1.3.1. administration. 2.2.3.5. Regulate by law prevention -Ministry of Public IV quarter of Budget of the Adopted law that of conflict of interest of Administration and 2016. Republic of Serbia regulates employees in public Local-Self-government 55.697 €, prevention of administration, based on the (State secretary) conflict of interest results of Feasibility study In 2016. of employees in from item 2.2.3.4. -Participation of Civil public Society Organizations administration, - National Assembly based on the results of analysis. 2.2.3.6. Monitoring implementation -Ministry of Public Continuously, Budget of the Published annual of legal provisions Administration and commencing Republic of Serbia report on web page concerning prevention of Local-Self-government from entering 426 € of Ministry of conflict of interests of (State secretary) into force of Public employees in public provisions of law In 2017 - 213 € Administration and administration from item from item 2.2.3.5. Local-Self- 2.2.3.5. In 2018 - 213 € government 2.2.3.7. Conduct professional -Ministry of Public Continuously, IPA 2013 Conducted education in public Administration and commencing professional administration in connection Local-Self-government from entering Budgeted in activity education in public to issues of prevention of (State secretary) into force of 2.1.3.1. administration in conflict of interests. provisions of law connection to issues from item 2.2.3.5. of prevention of conflict of interests.

1. Positive opinion by European Cases of illicit enrichment are efficiently Commission on Serbia’s progress 2.2.4.Look into and adequate and institutional solution to resolved according to adequate legal and institutional framework. effectively address cases of illicit enrichment; 2. Number of initiated and finalized misdemeanor and other procedures.

RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS 2.2.4.1. Conduct analysis of legal -Ministry of Justice II quarter of Conducted analysis and institutional framework (State secretary in 2016. Budget of the of legal and in order to clarify charge of anti- Republic of Serbia institutional ramifications of „illicit corruption) 57.542 €, framework in order enrichment“ (criminal, to clarify administrative or -Anti-Corruption In 2016. ramifications of misdemeanor ramifications) Agency (Director) „illicit enrichment“ and based on the results of IPA 2013 (criminal, the analysis revise the - Ministry of Finance administrative or current regulations or adopt (State secretary in Budgeted in activity misdemeanor new charge of anti- 2.1.3.1. ramifications)and corruption) based on the results of the analysis - National Assembly current regulations revised or new adopted. 2.2.4.2. Monitoring implementation -Ministry of Justice Continuously, Budget of the Prepared and of amended law from item (State secretary in commencing Republic of Serbia, published report on 2.2.4.1. along with charge of anti- from entering 426 €, the web page of the obligation of courts and corruption) into force of law Ministry of Justice. public prosecutors’ offices from item 2.2.4.1. In 2017 - 213 € of general and special Annual report of jurisdiction, to deliver In 2018 - 213 € Anti-Corruption reports on number of Agency. initiated and completed proceedings.

Ministry of Justice draws up 119 uniform report and publishes it on the web page.

2.2.4.3. Training of all competent -Ministry of Justice Continuously, IPA 2013 Conducted state authorities in (State secretary in commencing trainings of all accordance with published charge of anti- from entering competent state analysis and amendments to corruption) into force of law Budgeted in activity authorities in the law from item 2.2.4.1. from item 2.2.4.1. 2.1.3.1. accordance with -Ministry of Finance published analysis Police (State secretary in and amendments to Prosecutor's office charge of anti- the law from item Courts corruption) 2.2.4.1 Anti- corruption Agency -Judicial Academy (Director) RECOMMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

1. Positive opinion on progress of Serbia Regulation in the field of free access to 2.2.5. Improve the free access to information rules and their issued by European Commission; practical implementation, inter alia, with regard to information are improved, their implementation is improved, inter alia, in information on privatization deals, public procurement, 2. Number of initiated and finalized regards to privatization, public public expenditures or donations from abroad to political procedures before Commissioner; parties, including as regards information considered procurement, public expenditures and donations from abroad to political 'sensitive'; 3. Annual report on work of subjects. Commissioner; RESPONSIBLE TIMEFRAME/ FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY DEADLINE RESOURCES STATUS

120 2.2.5.1. Conduct analysis of -Commissioner for Analysis Conducted analysis implementation of Law on Information of Public I quarter of 2015. Budget of the of implementation free access to information of Importance and Republic of Serbia of Law on free public importance, to date Personal data Strengthening access to in particular emphasizing Protection staff capacities: Analyses - 8.642 € information of the following areas: IV quarter of public importance, -privatization -Ministry of Justice 2016. In 2015. to date. - public procurement (State secretary in -public expenditures charge of anti- Strengthening staff Vacancies filled in -foreign donations to corruption) capacities accordance with political subjects - cost currently amended Rulebook. unknown Capacity building of the -Ministry of Public Commissioner based on Administration and previously conducted Local-Self-government analysis of current staff (State secretary) capacities in particular: -organizational structure - Ministry of Finance -number of employees (State secretary) -degree of competencies;

in order to harmonize it with competencies proscribed in Law on amendments and supplements to the Law on free access to information of public importance Adopt amendments to Law -Republic secretariat IV quarter of Adopted 2.2.5.2. on free access to for legislature 2015. amendments to information of public (Director) Total- 50.659 € Law on free access importance based on to information of analysis of implementation -Partner institution: Budget of the public importance of Law on free access to - Commissioner for Republic of Serbia and personal data information of public Information of Public - 48.909 €, protection. importance to date, in Importance and . particular emphasizing Personal data TAIEX- 1.750 € areas: Protection -privatization - National Assembly In 2015. - public procurement -public expenditures 121 -foreign donations to political subjects conducted in item 2.2.5.1.

2.2.5.3 Monitoring of -Commissioner for Continuously, Budget of the Overview of implementation of Law of Information of Public commencing Republic of Serbia current state in free access to information of Importance and from 2016. - 638 € annual report issued public importance Personal data by Commissioner Protection In 2016 - 231 € for Information of Public Importance In 2017 - 231 € and Personal data Protection. In 2018 - 231 € 2.2.5.4. Conduct trainings for -Human resources Continuously IPA 2013 Trainings officials in charge of conducted. deciding on requests for free -Commissioner for Budgeted in activity access to information, in Information of Public 2.1.3.1. accordance with case law Importance and and international standards Personal data Protection RECOMMENDATION FROM THE SCREENING IMPACT INDICATOR REPORT OVERALL RESULT

2.2.6.Take steps to depoliticize the public administration, to 1. Positive opinion of European strengthen its transparency and integrity, including through Commission on Serbia’s progress; strengthening internal control and audit bodies; Public administration has been 2. Number of officials in public depoliticized and transparent, with administration who are employed or strengthened integrity of public promoted in accordance with merits administration and internal control and system; audit bodies. 3. Percentage of state authorities which have internal audit body 4. Harmonized finance management to INTOSAI standards of internal control. ACTIVITIES RESPONSIBLE IMPLEMENTATIO AUTHORITY TIMEFRAME/ FINANCIAL N STATUS DEADLINE RESOURCES RESULT

122 2.2.6.1. Conduct analysis of the Analysis conducted Budget of the system of accountability and and principles in the Republic of Serbia transparency in the work of work of the public 30.878 €, the public administration - Ministry of Public administration system system and establish the Administration and and the direction of In 2015. direction of the development Local Self-government the development of of civil service systems in (state secretary in IV quarter of civil service systems IPA 2013 public administration based charge of anti- 2015. in public on unique principles corruption) administration Budgeted in activity (depoliticization, established n based on 2.1.3.1. professionalism, merits, -CSOs participation unique principles etc.). (depoliticization, professionalism, merits, etc.). 2.2.6.2. Establish an objective and - Ministry of Public II quarter of Budget of the Amendments and precise criteria for Administration and 2016. Republic of Serbia supplements to the employment and promotion Local Self-government law governing the in the public sector in line (state secretary in Budgeted in activity status of civil servants with the principles of charge of anti- 2.2.6.1. and employees in transparency and corruption) various segments of competitiveness pursuant to the public the analysis referred to -High Civil Service administration under item 2.2.6.1. Council adopted, according to the analysis referred - Directorate for to under item 2.2.6.1. Human Resource Management

-Civil Society Organization’s s participation 2.2.6.3. Implement transparent - Ministry of Public Continuously Budget of the Tender procedures tender procedures for all of Administration and Republic of Serbia implemented. the civil servants holding Local Self-government position in the state (state secretary) Activity requiring administration. insignificant costs

123 Develop mechanisms to - High Civil Service IV quarter of Mechanisms to 2.2.6.4. monitor the implementation Council 2015. monitor the of the Code of Conduct for IPA 2013 implementation of the civil servants. -Ministry of Public Code of Conduct for Administration and Budgeted in activity civil servants Local Self-government 2.1.3.1. developed. (state secretary in charge of anti- corruption) 2.2.6.5. Adopt the law governing the - Ministry of Finance IV quarter of Budget of the Law governing the position of internal auditors (state secretary) 2016. Republic of Serbia position of internal and provide functional and - National Assembly 48.900 € auditors adopted or operational independence of amended. the internal audit and define In 2016. the principles of financial management and controls, as well as the function, and positions at the Central Harmonization Unit. 2.2.6.6. Introduce program - Ministry of Finance I quarter of 2015. Budget of the Program budgeting budgeting. (state secretary) Republic of Serbia introduced.

Completed

Activity requiring insignificant costs 2.2.6.7. Strengthen staff capacities - Ministry of Finance IV quarter of Budget of the Amended Rulebook of the Central (state secretary) 2015. Republic of Serbia on job classification Harmonization Unit. Currently unknown Positions filled. 2.2.6.8. Increase the number of - Ministry of Finance IV quarter of IPA 2013 Work plan of the trained managers and (state secretary) 2015. Central employees in the public Budgeted in activity Harmonization Unit. administration on the basis 2.1.3.1. and importance of financial Reports on conducted management and control, training delivered. and increase the number of qualified internal auditors. Number of newly trained managers and employees in the 124 public administration and certified internal auditors in relation to 2013.

2.2.6.9. Establish the fund to enable - Ministry of Public IV quarter of IPA 2013 Number of employees postgraduate and vocational Administration and 2015 – IV quarter in the public training and scholarships for Local Self-government of 2018. Budgeted in activity administration employees in the public 2.1.3.1. participating in administration to participate training. in educational programs of the European universities and educational centers through the IPA 2013 project. RECOMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

1. Positive opinion of the 2.2.7.Adopt and implement the new law on whistle- European Commission stated blowing and take the necessary steps to make the Established new legal framework for protection of whistle- in the Annual Progress Report system of whistle-blower protection more effective in blowers and ensured its efficient implementation in on Serbia; practice; practice. 2. Number of initiated and finalized criminal proceedings for the protection of whistleblowers;

IMPLEM RESPONSIBLE FINANCIAL ENTATIO ACTIVITIES TIMEFRAME/DEADLINE RESULT AUTHORITY RESOURCES N STATUS

125 Adopt the law and - Ministry of Justice IV quarter of 2014. Budget of the Republic Law and bylaws on 2.2.7.1. bylaws on Whistle- (state secretary in of Serbia Whistle-blowers adopted blowers in line with charge of anti- 71.386 € in line with international international corruption) standards. standards. -CSOs participation. In 2014. - National Assembly 2.2.7.2. Provide technical - Ministry of Justice IV quarter of 2015. IPA 2013 Technical conditions for conditions for (state secretary) effective implementation effective Budgeted in activity of the Law on whistle- implementation of -Partners: 2.1.3.1. blowers established. the Law on Whistle- blowers. Ministry of Interior -Republic Public Prosecutors’ Office

-Supreme Court of Cassation

2.2.7.3. Develop and -Judicial Academy Training of judges: IV quarter IPA 2013 Training programs for implement a training of 2014. judges and employees in program for the - Ministry of Justice Budgeted in activity public administration implementation of (state secretary in Training of employees in public 2.1.3.1. developed and the Law on the charge of anti- administration: IV quarter of implemented. protection of whistle corruption) 2015. blowers for judges acting in cases of - High Civil Service protection of Council whistle-blowers

Develop and implement a training program for the implementation of the Law on the protection of whistle blowers for employees in public administration.

126 2.2.7.4. Conduct a campaign - Ministry of Justice IV quarter of 2015. IPA 2013 Campaign conducted. to raise awareness (state secretary in about the charge of anti- Budgeted in activity importance of corruption) 2.1.3.1. whistle-blowers and use of channels for reporting illegal actions.

2.2.7.5. Monitor the - Ministry of Justice Annually, commencing from I Budget of the Republic Report of the Ministry of implementation of (state secretary) quarter of 2016. of Serbia 638 € Justice developed and the Law on whistle published with detailed blowers through the In 2016 - 213 € statistics. preparation of the annual report of the In 2017 .- 213 € ministry of justice made on the basis of In 2018 - 213 € periodic reports of the competent authorities on cases of acting in relation to the whistle blowers.

RECOMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 2.2.8. Implement measures to strengthen the 1. Positive opinion of the European control system for public procurement and Conducted measures to strengthen the control Commission stated in the Annual monitor their effects system for public procurement and monitor their Progress Report on Serbia effects. 2. Annual supervision report of the Administration for Public Procurement, Annual report of the Republic Commission for the Protection of Rights in Public Procurement and Annual report of the State Audit Institution. 3. Number of initiated and finalized misdemeanor and other proceedings for breaches of the Law on Public 127 Procurement.

RESPONSIBLE FINANCIAL IMPLEMENTATION ACTIVITIES TIMEFRAME/DEADLINE RESULT AUTHORITY RESOURCES STATUS

2.2.8.1. Conduct an Amendments to the Law on Budget of the Analysis of the analysis of the - Administration Public Procurement: Republic of effects of effects of for Public II quarter of 2015. Serbia implementation of implementation of Procurement 57.543 € all mechanisms to all mechanisms to Amendments to other monitor, supervise monitor, supervise regulations: In 2015. and control public and control public IV quarter of 2015. procurement, as procurement and well as other make corrections measures set in through other regulations amendments to the conducted. Law on Public Procurement in Recommendations accordance with regarding other the findings and regulations give provided to the recommendations competent bodies. in respect to other regulations. 2.2.8.2. Amend and - Administration II quarter of 2015. Budget of the Law on supplement the for Public Republic of Amendments and Law on Public Procurement Serbia supplements the Procurement in Law on Public order to remove -Government of Budgeted in Procurement obstacles to the full the Republic of activity 2.2.8.1. adopted. implementation of Serbia the measures to - National monitor, supervise Assembly

128 and control the Law.

2.2.8.3. Strengthen staff - Ministry of Analysis: II quarter of 2015. Budget of the Analysis and technical Public Republic of conducted. capacity of the Administration Strengthening staff capacity: Serbia - Administration for and Local Self- IV quarter of 2017. Modified staff plan Public Procurement government Analysis - 8.642 € and amended based on conducted Rulebook on job analysis of existing -Ministry of In 2015. classification in the capacity especially Finance Administration for in terms of: Strengthening Public -organizational - Administration staff capacity – Procurement. structure for Public cost currently - the number and Procurement unknown Positions filled. position of employees -level of training -technical capacity. 2.2.8.4. Establish unique - Administration IV quarter of 2015. Budget of the Data base database on the for Public Republic of established. measures taken to Procurement Serbia - 8.642 € monitor, supervise and control public In 2015. procurement by all relevant institutions, as well as the outcomes of these measures, managed by the Administration for Public Procurement.

129 2.2.8.5. Monitoring the - Administration Continuously, commencing from Budget of the Report of the implementation of for Public 2016. Republic of Administration for the measures of Procurement Serbia Public supervision and 638 € Procurement control in public Republic on supervision procurement Commission for In 2016 .- 213 € over the the Protection of implementation of Rights in Public In 2017 - 213 € the Law on Public Procurement Procurement. In 2018 - 213 € Report of the Republic Commission for the Protection of Rights in Public Procurement. 2.2.8.6. Conduct training - Administration Continuously Budget of the Training for police officers, for Public Republic of conducted. prosecutors and Procurement Serbia judges to efficiently - Republic Budgeted in prosecute cases of Commission for activity 1.3.1.7. corruption in public the Protection of procurement. Rights in Public Procurement

-Judicial Academy 2.2.8.7. Improve Public - Administration IV quarter of 2015. Budget of the Public Procurement Portal for Public Republic of Procurement Portal by introducing new Procurement Serbia - 8.642 € advanced by features to further activating new enhance the In 2015. features to further transparency of enhance the public procurement transparency of procedures and public procurement advance public procedures. participation in monitoring budget spending. 130 RECOMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT 1. Positive opinion of the European Commission stated 2.2.9. Adopt specific measures to prevent and sanction in the Annual Progress Report corruption in privatization deals and more broadly to Prevention and sanctioning of corruption in the private on Serbia; address private sector corruption and improve the sector, particularly in the privatization process is 2. Reports of the Anti-Corruption transparency and accountability of state-owned and performed through concrete measures establishing Council; state controlled companies transparency and accountability, particularly in 3. Number of initiated and commercial entities owned or controlled by the state. finalized criminal proceedings for corruption in the private sector. IMPLEMENT RESPONSIBLE FINANCIAL ACTIVITIES TIMEFRAME/DEADLINE RESULT ATION AUTHORITY RESOURCES STATUS

2.2.9.1. Government - Government of the Continuously Budget of the Adopted minutes includes all the Republic of Serbia Republic of Serbia from the sessions of reports of the Anti- the Government. corruption Council Activity requiring in the agenda. insignificant costs

Activity referred to under 2.1.2.1. 2.2.9.2. Conduct analysis of - Ministry of Analysis: II quarter of 2015. Budget of the Analysis conducted. the risk of Commerce Republic of Serbia Amendments and corruption in (state secretary in Amendments and supplements: 71.136 € supplements to the implementation of charge for anti- IV quarter of 2015. law adopted. the new laws on corruption) In 2015. bankruptcy and privatization, as - Anti-Corruption well as the Law on Council public- private partnership and the - Anti-Corruption Law on public Agency companies. - National Assembly

131 Adopt amendments and supplements to the laws in line with the results of the analysis. 2.2.9.3. Develop criteria for - Ministry of IV quarter of 2015 Budget of the Criteria developed. objective and Commerce Republic of Serbia transparent (state secretary in 8.892 € selection of charge for anti- directors, corruption) In 2015. management - Participation of boards and CSOs supervisory boards of the public companies. 2.2.9. 4. Establish internal - All public IV quarter of 2015. Budget of the Internal control control in all public companies. Republic of Serbia established in all companies. 8.642 € public companies, which is confirmed In 2015. in Annual report of the Central Harmonization Unit. 2.2.9.5. Strengthen - Ministry of Analysis: IV quarter of 2015. Budget of the Capacities capacities of State Commerce Republic of Serbia strengthened. Audit Institution (state secretary in Strengthening capacities: for the control of charge for anti- II quarter of 2016. Budgeted in activity Analysis conducted. public companies corruption) 2.2.2.6. on the basis of prior analyses on - State Audit the staff capacities, Institution particularly relating to organizational structure, number of employees, level of training, for the purpose of effective implementation of revision of the 132 parliamentary political parties referred to under item 2.2.2.6. 2.2.9.6. Comprehensive - Ministry of Analysis: IV quarter of 2015. Budget of the Analysis and analysis of the Commerce Republic of Serbia amendments to the work and the needs (state secretary in Amendments to the regulatory 71.136 € regulatory of the Privatization charge for anti- framework: II quarter of 2016. framework Agency and corruption) In 2016. conducted. amendments to the regulatory - Privatization framework in line Agency with the analysis. 2.2.9.7 Comprehensive - Ministry of Analysis: IV quarter of 2015. Budget of the Analysis and analysis of the Commerce Republic of Serbia amendments to the work and the needs (state secretary in Amendments to the regulatory 71.136 € regulatory of the Commission charge for anti- framework: II quarter of 2016. framework for Protection of corruption) In 2016. conducted. Competition and amendments to the regulatory framework in line with the analysis. 2.2.9.8. Comprehensive - Ministry of Analysis: IV quarter of 2015. Budget of the Analysis and analysis of the Commerce Republic of Serbia amendments to the work and the needs (state secretary in Amendments to the regulatory 71.136 € regulatory of the Securities charge for anti- framework: II quarter of 2016. framework Commission and corruption) In 2016. conducted. amendments to the regulatory framework in line with the analysis.

RECOMENDATION FROM THE SCREENING REPORT OVERALL RESULT IMPACT INDICATOR

133 1. Positive opinion of the European Commission stated in the Annual Progress Report on Serbia; 2.2.10. Further develop, implement and assess the impact of 2. The degree of fulfilment of the specific measures to tackle corruption in other particularly Assessment of the measures against corruption measures and activities in the areas vulnerable areas, such as health, taxation, education, police, in the field of health, tax, education, police, identified in the Action Plan, based customs and the local administration customs and local government indicates that they are improved and fully implemented. on the report of the Anti- Corruption Agency. 3. Reports of the Anti-Corruption Council. IMPLEMENT RESPONSIBLE TIMEFRAME/DEAD FINANCIAL ACTIVITIES RESULT ATION AUTHORITY LINE RESOURCES STATUS

2.2.10.1. IV quarter of 2015. IPA 2013 Analysis conducted. Conduct analysis of the - Ministry of Health legislative framework in the (state secretary) Budgeted in activity field of health care system in 2.1.3.1. terms of risk of corruption. II quarter of 2016. IPA 2013 Amendments to the 2.2.10.2. Amend legislative - Ministry of Health laws adopted. framework in line with the (state secretary) Budgeted in activity guidelines resulting from the - National Assembly 2.1.3.1. conducted analysis of the legislative framework in the field of health care system in terms of risk of corruption referred to under item 2.2.10.1. 2.2.10.3. Conduct analysis of the - Ministry of Health Analysis: IPA 2013 Analysis conducted. existing control mechanisms (state secretary) IV quarter of 2015. in the health system and Budgeted in activity Control mechanisms strengthen them in line with - Council for Health Strengthening control 2.1.3.1. strengthened. the analysis. mechanisms: Continuously 2.2.10.4. Conduct analysis of the staff - Ministry of Health IV quarter of 2015. IPA 2013 Analysis conducted. capacity in the inspection (state secretary) bodies in the health sector. Budgeted in activity 2.1.3.1.

134 2.2.10.5. Strengthen capacity of the - Ministry of Health II quarter of 2016. IPA 2013 Capacities staff in the inspection bodies (state secretary) strengthened. in the health sector based on Budgeted in activity the results of the analysis. 2.1.3.1. Revised Rulebook on job classification.

Positions filled. 2.2.10.6. Introduce national health - Ministry of Health II quarter of 2015. IPA 2013 National health account into the health (state secretary) account introduced. system. Budgeted in activity 2.1.3.1. 2.2.10.7. Conduct analysis on the - Ministry of Health IV quarter of 2015. IPA 2013 Analysis conducted conflict of interest in the (state secretary) and rules for health system and adopt the Budgeted in activity prevention of rules for prevention of 2.1.3.1. conflict of interest conflict of interest in line adopted in line with with the feasibility study on the analysis. establishment of the legal framework for the prevention of conflict of interest in public administration referred to under item 2.2.3.4. 2.2.10.8. Amend the Law on - Ministry of Health II quarter of 2016. IPA 2013 Law on Chambers of Health Workers (state secretary) Amendments and and harmonize regulations of Budgeted in activity Supplements to the the chambers of health - Chambers of the 2.1.3.1. Law on Chambers workers with amendments in Health Care Workers of Health Workers the law in line with the adopted. guidelines resulting from the - National Assembly analysis of the legislative framework in the field of Regulations of the health care system in terms chambers of health of risk of corruption referred workers harmonized to under item 2.2.10.2. with the Law.

135 2.2.10.9. Adopt legislation or amend - Tax Administration IV quarter of IPA 2013 Law adopted or existing legislation to 2016. existing legislation establish a system of unique Budgeted in activity amended to identification tax number. 2.1.3.1. establish a system of unique identification tax number. 2.2.10.10. Conduct training of - Tax Administration II quarter of 2017. IPA 2013 Report on employees on new solutions realization of in the law on unique Budgeted in activity training, number of identification tax number, 2.1.3.1. participants. develop the Guidelines on the implementation of the Guidelines on the law governing unique implementation of identification tax number and the law governing deliver them to the unique employees. identification tax number developed and delivered. 2.2.10.11. Strengthen capacities of the - Tax Administration IV quarter of 2015. Budget of the Capacities staff in the Tax Republic of Serbia strengthened. Administration to effectively implement the system of e- Costs will be taxes. specified by the submission of the final draft AP. 2.2.10.12. Strengthen capacities of the - Tax Administration IV quarter of 2015. Budget of the Capacities internal control department Republic of Serbia strengthened. at Tax Administration. Costs will be specified by the submission of the final draft AP. 2.2.10.13. Monitor the established - Tax Administration Continuously Budget of the Annual report of the system of corruption risk Republic of Serbia Tax Administration. management/integrity plan 638 € and develop appropriate systems of indicators of In 2016 - 213 € corruption.

136 In 2017 - 213 €

In 2018 - 213 €

2.2.10.14. Develop an action plan to - Ministry of II quarter of 2015. IPA 2013 Action plan meet the recommendations Education (state developed. of the OECD report secretary) Budgeted in activity „Strengthening Integrity and 2.1.3.1. Fighting Corruption in Education “in 2012. 2.2.10.15. Conduct analysis of the - National Council II quarter of 2015. IPA 2013 Analysis conducted. criteria necessary for a for Higher Education successful process of Budgeted in activity accreditation and inspection - Commission for 2.1.3.1. of work in higher education. Accreditation and Quality Assurance 2.2.10.16. Establish the accreditation - Commission for II quarter of 2016. IPA 2013 Accreditation process and subsequent Accreditation and process based on inspection of the work of Quality Assurance Budgeted in activity clear, objective, public and private higher 2.1.3.1. transparent and pre- education institutions on the established criteria basis of clear, objective, established. transparent and pre- established criteria, based on performed analysis, through the improvement of the work of the Commission for Accreditation and Quality Assurance. 2.2.10.17. Improve the transparency of - Ministry of IV quarter of IPA 2013 Report developed the process of registration, Education 2016. and published at the exams, assessment and Budgeted in activity website. evaluation of knowledge in 2.1.3.1. all educational institutions so as to change the legal framework with the aim of objectifying procedures and criteria of entry. 137 2.2.10.18. Improve the legal framework - Ministry of IV quarter of 2015. IPA 2013 Amendments and in the field of inspection in Education supplements to the education and strengthen Budgeted in activity law adopted and staff capacity. 2.1.3.1. capacity strengthened. 2.2.10.19. Review all valid contracts - Ministry of II quarter of 2015. Budget of the Report on all the and requests for conclusion Education Republic of Serbia reviewed valid of the lease of part of 8.642 € contracts and premises of educational - Republic requests developed institutions. Directorate for In 2015. and published at the Property website of the Ministry of Education. 2.2.10.20. Conduct analysis on the - Ministry of II quarter of 2015. IPA 2013 Analysis conducted. conflict of interest and Education discretionary powers of Budgeted in activity managers of educational 2.1.3.1. institutions in line with the feasibility study on establishment of the legal framework for prevention of conflict of interest in public administration referred to in item 2.2.3.4. 2.2.10.21. Conduct analysis of the - Ministry of Interior II quarter of 2015. Budget of the Analysis conducted. operations and actions of the Republic of Serbia Internal Control: 8.642 € - in terms of functionality, organization, capacity and In 2015. relationship between preventive and repressive measures, the number, the extent of staff training and methodology in certain cases.

138 2.2.10.22. Conduct analysis of the legal - Ministry of Interior II quarter of 2015. Budget of the Analysis conducted. framework regulating the Republic of Serbia work of the internal control 8.642 € of the Ministry of Interior with proposals to amend In 2015. existing laws and regulations or adopt new if necessary. 2.2.10.23. Establish legal framework - Ministry of Interior II quarter of 2016. Budget of the Amendments and that will regulate the Republic of Serbia supplements to the operations of the sector of - National Assembly 55.697 € law adopted. internal control of the Ministry of Interior in line In 2016. with the analysis of the legal framework regulating the work of the internal control of the Ministry of Interior with proposals to amend existing laws and regulations or adopt new if necessary, referred to under item 2.2.10.22. 2.2.10.24. Develop mechanisms to - Ministry of Interior For item а): II quarter a) Budget of the Analysis conducted. strengthen the integrity of the of 2015. Republic of Serbia police officers: 8.642 € Laws and bylaws amended. a) Develop risk analysis for For item b): II quarter In 2015. each position with respect to of 2016. Changes in the integrity of police b) and c) IPA 2013 organizational officers; structure performed Budgeted in activity in line with the b) Create the conditions for For item c) IV quarter 2.1.3.1. analysis. the normative regulation, of 2016. strengthening the integrity of the police officers (amendments to the Law on Police, bylaws, procedures and methodologies);

v) Changes in the

139 organizational part resulting from the normative framework (creating the conditions for implementation of the laws and regulations) to ensure the necessary human and material resources to warrant procedures and methodology enabling a higher level of integrity in the police. 2.2.10.25. Strengthen the capacity of - Ministry of Interior II quarter of 2016. Capacity building - Capacities the internal control for the Budget of the strengthened. purpose of suppression of Gradually per year until Republic of Serbia corruption in the police in 2018. – costs currently Rulebook on job accordance with the unknown classification performed analysis and amended (the amended normative number of framework in line with the Training systematized jobs in activity referred to under IPA 2013 accordance with the item 2.2.10.23. established standard Budgeted in activity 1% of total number) 2.1.3.1. Positions filled (80 % of systematized jobs by 2018,) 2.2.10.26. Continuous training of staff - Ministry of Interior Continuously IPA 2013 Training performed. in the Department of internal control and all employees of - Criminalistics Budgeted in activity the Ministry of Interior in Police Academy 2.1.3.1. relation to the integrity. 2.2.10.27. Amend the Law on Police - Ministry of Interior IV quarter of 2015. Budget of the Law on and the Regulations on job Republic of Serbia amendments and classification and internal - National Assembly 71.136 € supplements organization of the Ministry adopted and bylaws of Interior to establish In 2015. adopted. effective coordination mechanisms of the key stakeholders involved in suppression of corruption at the strategic, tactical and 140 operational level.

2.2.10.28. Establish an organizational - Ministry of Interior II quarter of 2016. Budget of the Organizational units unit for fight against Republic of Serbia established. corruption in the Criminal Police Directorate, which Currently unknown shall directly cooperate with the anti-corruption units at public prosecutors’ offices, .

Establish separate organizational units within the Criminal Police Directorate in Belgrade and Criminal Police Directorates in Novi Sad, Kragujevac, and Niš and designate contact persons in the other local police directorates. 2.2.10.29. Establish coordination of the - Ministry of Interior IV quarter of Budget of the Coordination of the work between the following 2016. Republic of Serbia work established. units: the Criminal Police - Republic Public Directorate in Belgrade and Prosecutor's Offices Criminal Police Directorates Activity requiring in Novi Sad, Kragujevac, and insignificant costs Niš, referred to in item 2.2.10.28., and anti- corruption departments at the Higher Public Prosecutor's Offices.

141 2.2.10.30. Conduct comprehensive - Customs II quarter of 2015. Budget of the Analysis conducted. analysis of the risk for Administration Republic of Serbia corruption in the normative 8.642 е framework of the system of - Ministry of Finance customs. (state secretary) In 2015. 2.2.10.31. Amend legislative - Ministry of Finance IV quarter of Budget of the Amendments and framework in line with the (state secretary) 2016. Republic of Serbia supplements to the conducted analysis of the 48.900 € law adopted. risk for corruption in the - Customs normative framework of the Administration In 2016. system of customs referred to under item 2.2.10.30. - National Assembly

2.2.10.32. Conduct training of the staff - Customs IV quarter of IPA 2013 Training conducted. at customs in line with new Administration 2017. regulations referred to under Budgeted in activity item 2.2.10.31. 2.1.3.1. 2.2.10.33. Strengthen capacities of the - Customs Continuously Budget of the Capacities Department of Internal Administration Republic of Serbia strengthened. Control. Cost currently Rulebook on job unknown classification amended.

Positions filled. 2.2.10.34. Install video surveillance in - Customs IV quarter of Budget of the Video surveillance customs offices and Administration 2018. Republic of Serbia installed. border crossings with centralized recorder of (Budgeted in Signal in the Customs Chapter 24) Administration and the ability of the Customs Costs will be Administration to access specified by the video surveillance in each submission of the object in the real time. final draft AP. 2.2.10.35. Conduct analysis of the - Ministry of Public IV quarter of 2015. Budget of the Analysis conducted. normative framework Administration and Republic of Serbia regulating local self- Local Self- 8.642 € government in relation to government (state

142 risks of corruption. secretary) In 2015.

2.2.10.36. Develop models of local - Anti-Corruption IV quarter of 2015. IPA 2013 Models developed. action plans for local self- Agency government units and Budgeted in activity autonomous provinces. 2.1.3.1.

2.2.10.37. Assemblies of the - Assemblies of IV quarter of Budget of the Local action plans autonomous provinces and autonomous 2016. Republic of Serbia developed. local self-governments adopt provinces and local local action plans and form a self-governments Activity requiring permanent working body for insignificant costs monitoring and implementation of local action plans

1. Positive opinion of the European Commission stated in the Annual Progress Report on Serbia; 2. Annual report of the Office for 2.2.11. Ensure that civil society is involved in the Civil society is involved in the Cooperation with Civil Society; anticorruption agenda anticorruption agenda. 3. Number of measures against corruption which are carried out in partnership between CSOs and state authorities. 4. Number of joint programs implemented IMPLEMENT RESPONSIBLE TIMEFRAME/DEADL FINANCIAL ACTIVITIES RESULT ATION AUTHORITY INE RESOURCES STATUS

143 2.2.11.1. Conduct a joint campaign - Office for Cooperation Continuously IPA 2013 to encourage and increase with Civil Society Joint campaigns the participation of Budgeted in periodically organized. citizens in the fight activity against corruption. 2.1.3.1. 2.2.11.2. Amend the Law on State - Ministry of Public IV quarter of 2015. Budget of the Law on amendments and administration in the part Administration and Republic of supplements to the Law relating to transparency Local Self-government Serbia on State administration and cooperation with civil (state secretary) 48.900 € adopted. society organizations and other relevant legislation In 2015. for the purpose of - Republic Secretariat alignment of the standards for Legislation of cooperation between state authorities and civil - Office for Cooperation society with the Council with Civil Society of Europe standards and United Nations - National Assembly Convention against corruption agree in accordance with the performed analysis of deficiencies. Develop a monitoring - Office for Cooperation IV quarter of 2015. Budget of the Methodology developed. 2.2.11.3. methodology for the with Civil Society Republic of implementation of Serbia 8.642 € programs / projects financed from the In 2015. budgetary resources and in particular monitor their implementation in the field and expenditure of financial funds for prevention of improper expenditure of funds. 2.2.11.4. Implement public calls - Office for Cooperation Continuously IPA 2013 Number of implemented for allocation of funds to with Civil Society public calls. the CSOs for projects in Budgeted in the field of activity anti-corruption for the 2.1.3.1. 144 initiatives at national and local level, as well as for media initiatives in the field of fight against corruption. 2.3. REPRESSION OF CORRUPTION

RECOMENDATION FROM THE SCREENING OVERALL RESULT IMPACT INDICATOR REPORT

2.3.1. Review the economic crime section of the Section of the Criminal Code regulating the 1. Positive opinion of the European criminal code with a view to provide alternatives to the Commission stated in the Annual offence of abuse of office; chapter on criminal offenses against the economy is aligned with the EU standards, Progress Report on Serbia; 2. Positive GRECO assessment; especially with regard to the criminal offense of abuse of office. 3. Number of prosecuted persons for criminal offences against the economy. FINANCI IMPLEMENT RESPONSIBLE AL ACTIVITIES TIMEFRAME/DEADLINE RESULT ATION AUTHORITY RESOUR STATUS CES

2.3.1.1. Conduct analysis of - Ministry of Justice IV quarter of 2014. Budget of Analysis and case study the need for (state secretary in the conducted. alignment of the charge of anti- Republic of Criminal Code with corruption) Serbia the EU standards 8.642 € and conduct a case study of the In 2014. implementation of the chapter on criminal offenses against the economy.

145 2.3.1.2. Amend the - Ministry of Justice IV quarter of 2015. Budget of Law on amendments and Criminal Code in (state secretary in the supplements to the Criminal order to specify charge of anti- Republic of Code adopted. criminal offences corruption) Serbia of corruption and 71.136 € against the - National Assembly economy in line In 2015. with the analysis of the need for alignment of the Criminal Code with the EU standards and conducted case study of the implementation of the chapter on criminal offenses against the economy referred to under item 2.3.1.1. 2.3.1.3. Monitor the - Ministry of Interior Continuously Budget of Annual report published. implementation of the the CC with the - Republic Public Republic of obligation of the Prosecutors’ Office Serbia police, public 638 € prosecutors and - Supreme Court of courts to submit Cassation In 2016 - annual statistical 213 € reports on initiated - Ministry of Justice and concluded (state secretary in In 2017 - proceedings to the charge of anti- 213 € Ministry of Justice. corruption) In 2018.- Ministry of Justice 213 € prepares a single annual report and publishes it on the website.

146 Conduct training - Judicial Academy Continuously, commencing from IPA 2013 Training conducted. 2.3.1.4. of judges and (director) entry into force of the Law on prosecutors to Amendments and Supplements to Budgeted implement the Criminal Code in activity Criminal Code. 2.1.3.1.

2.3.2. Ensure independent, effective specialized Independent, effective and specialized 1. Positive opinion of the European investigation/prosecution bodies, in particular through: investigation/prosecution is fully insured, Commission stated in the and in particular through: Annual Progress Report on – Proposing and implementing measures to strengthen the Serbia; independence of all investigative and judicial bodies dealing with - Proposing and implementing measures to investigations into corruption so as to effectively protect from strengthen the independence of the 2. Number of initiated and undue political pressure; investigative and judicial authorities finalized criminal proceedings working on the investigation of corruption in for criminal offences of – Providing adequate resources (including budget, staffing and order to effectively protect them from undue corruption. specialized training) to all investigation and judicial authorities political pressure, involved in the fight against corruption; -Providing adequate resources (including – Improving the cooperation and information exchange between budget, staff, specialized training) to all authorities involved in the fight against corruption, including investigative and judicial authorities also tax and other only indirectly linked authorities, through a involved in the fight against corruption, better inter-connection of databases and by establishing a secure platform of communication; -Improvement of cooperation and exchange of information between the authorities – Fully implementing the new FATF recommendations and involved in the fight against corruption, stepping up the capacity to run complex financial investigations including the tax authorities and other in parallel with criminal investigations, including through indirectly linked bodies, through a better strengthening the special unit in the Ministry of Interior and interconnection of databases and the ensuring adequate training; establishment of a secure platform for communication,

-Fully implementing the new recommendations of the FATF and strengthening capacity to conduct complex financial investigations in parallel with criminal investigations, as well as the strengthening of the special units of the Ministry of Interior and the provision of 147 adequate training. RESPONSIBLE TIMEFRAME/DEAD FINANCIAL IMPLEMENTATI ACTIVITIES RESULT AUTHORITY LINE RESOURCES ON STATUS

2.3.2.1. Analysis of the - Ministry of Justice II quarter of 2015. Budget of the Analysis organizational structure, (state secretary in charge Republic of Serbia performed. capacity and powers of state of anti- corruption) 8.642 € bodies in the fight against organized crime and - Prosecutors’ Office for In 2015. corruption in order to Organized Crime achieve efficiency and strengthen the independence - Ministry of Interior of all relevant institutions. (state secretary)

- High Judicial Council

- State Prosecutorial Council

- Republic Public Prosecutor 2.3.2.2. Provide mutual - Ministry of Justice IV quarter of 2016. IPA 2013 Database database connectivity for (state secretary in charge connectivity criminal investigation and a of anti- corruption) Budgeted in established. safe system of activity 2.2.1.5. electronic information - Ministry of Interior exchange between public prosecutor's offices, - State Prosecutorial the police, the Customs Council Department, Tax Administration, Anti- - Republic Public Corruption Agency and Prosecutor other relevant bodies that have databases of - Anti-Corruption importance to combating Agency corruption.

148 2.3.2.3. Amend the Law on - Ministry of Justice II quarter of 2015. Budget of the Law on Organization and (state secretary in charge Republic of Serbia amendments and Jurisdiction of State of anti- corruption) 48.900 € supplements to Authorities in the fight the Law on against organized crime, - Republic Public In 2015. Organization and corruption and other Prosecutor Jurisdiction of particularly serious criminal State Authorities offences, in order to - Prosecutors’ Office for in the fight systematically organize the Organized Crime against organized work of special crime, corruption investigative teams, using - National Assembly and other the necessary methods for particularly increasing efficiency in the serious criminal prosecution of criminal offences adopted. offences. 2.3.2.4. Introduce the team of - Ministry of Justice I quarter of 2016. Budget of the Law on economic forensics as a (state secretary in charge Republic of Serbia amendments and part of the Public of anti- corruption) supplements to Prosecutors’ offices and IPA 2013 the Law on other authorities where - Republic Public Organization and necessary. Prosecutor Costs currently Jurisdiction of unknown for both State Authorities - Prosecutors’ Office for sources in the fight Organized Crime against organized crime, corruption and other particularly serious criminal offences adopted. 2.3.2.5. Develop and monitor the - Ministry of Justice Continuously, Budget of the Strategy implementation of a (state secretary in charge commencing from Republic of Serbia improving the comprehensive strategy of anti- corruption) 2016. 9.281 €, efficiency of improving the efficiency of financial financial investigation. In 2016 - 3.094 е investigation adopted. In 2017 - 3.094 е Reports on the In 2018 - 3.094 е extent of implementation of the strategy 149 published at the website of the Ministry of Justice.

2.3.2.6. Implementation of the - Ministry of Finance II quarter of 2016. Budget of the FATF Financial Action Task (state secretary) Republic of Serbia recommendation Force (FATF) implemented. recommendations in the - Administration for (Budgeted in relevant regulations of the Prevention of Money Chapter 24, RS in accordance with Laundering (director) activity 6.2.5.2.) previously prepared analysis. - Ministry of Justice (state secretary) See recommendation number 5 in chapter 24, subchapter organized crime. Link with Chapter 24, activity 6.2.5.2.) 2.3.2.7. Strengthening the capacity - Ministry of Interior III quarter of 2015. Budget of the Strengthened of the Department for Republic of Serbia capacities financial investigation of the Ministry of Interior RS, Calculation shall Amended based on the results of the be performed after Rulebook on job analysis performed. conducted classification analysis Positions filled. 2.3.2.8. Conduct professional - Ministry of Interior IV quarter of 2015. IPA 2013 Training training of employees conducted. focusing on a mechanism of Budgeted in information exchange at the activity 2.1.3.1. international level in accordance with the Framework Decision 2006/960 for the purpose of effective seizure, confiscation and asset management.

150 2.3.2.9. Continuous training of - Judicial Academy Continuously, IPA 2013 Training police and prosecutors for commencing from conducted. conducting financial - Criminalistics – Police entry into force of the Budgeted in investigations, monitoring Academy regulations in which activity 2.1.3.1. cash flows, proactive FATF approach and special recommendations are investigative techniques. implemented

1. Positive opinion of the European Commission stated in the Annual Progress Report 2.3.3. Effectively investigate all allegations of corruption in All allegations of corruption in privatization cases on Serbia; privatization cases and ensure full transparency and are effectively investigated preventive measures Number of initiated and accountability to avoid such cases in the future 2. are undertaken to ensure full transparency and finalized criminal proceedings accountability in acting. against responsible persons for illegal actions carried out in privatization of state-owned capital. IMPLEMENT RESPONSIBLE TIMEFRAME/DEADLIN FINANCIAL ACTIVITIES RESULT ATION AUTHORITY E RESOURCES STATUS

2.3.3.1. Conduct analysis with - Ministry of Justice II quarter of 2015. Budget of the Analysis conducted. the aim to establish a (state secretary in charge Republic of Serbia system of regular and of anti- corruption) 8.642 € mandatory coordination between the Council for - Agency for In 2015. the Fight against Privatization Corruption, Agency for (director) Privatization and appropriate government - Ministry of Commerce agencies and state (state secretary) authorities for the purpose of establishing - Anti-Corruption proactive approach in Agency (director) retention of risk of

151 corruption in the field.

2.3.3.2. Amend the regulations - Ministry of Commerce . Budget of the Regulations on the basis of prior (state secretary) Republic of Serbia amended on the analysis from item 48.900 € basis of prior 2.3.3.2 in the - National Assembly II quarter of 2016. analysis of the risk privatization process. In 2016. of corruption in the privatization process. 2.3.3.3. Design and implement - Judicial Academy Continuously, commencing IPA 2013 Training conducted. programs of mutual (director) from the II quarter of 2016. professional Budgeted in activity development of - Ministry of Commerce 2.1.3.1. authorities (state secretary) participating in the process of privatization - Ministry of Finance and authorities (state secretary) responsible for the prevention and - Anti-corruption prosecution of the cases Agency (director, deputy of corruption. director)

152 1. Positive opinion of the European Commission stated in the Annual Progress Report Established system for collection of unified on Serbia; 2.3.4. Improve the collection of unified statistics on statistics on corruption, distinguishing clearly 2. Number of initiated and corruption, distinguishing clearly between different types of between different types of criminal offences, finalized criminal proceedings criminal activities and allowing for a detailed assessment of length of the cases, outcome of the proceedings, against responsible persons for length of the cases, outcome etc.; etc. criminal offences of corruption; 3. Improved statistical data analysis of the proceedings for criminal offences of corruption. IMPLEMENT RESPONSIBLE TIMEFRAME/DEADLIN FINANCIAL ACTIVITIES RESULT ATION AUTHORITY E RESOURCES STATUS

2.3.4.1. Amend the positive - Ministry of Justice (state II quarter of 2015. Budget of the Amendments to the regulations in order secretary in charge of anti- Republic of Serbia regulations adopted. to establish unique corruption) 48.900 € methodology for data collection, - National Assembly In 2015. records keeping and statistical reporting on criminal offences of corruption.

Activity linked with 1.3.8.1.

153 2.3.4.2. Establish unique - Ministry of Justice (state IV quarter of 2015. PACS project Records keeping records keeping secretary in charge of anti- established. (electronic register) corruption) Costs will be for criminal specified by the offenses with an submission of the element of final draft AP. corruption, in accordance with the law governing the protection of personal data.

1. Positive opinion of the European Legislative and institutional 2.3.5. Ensure that the legislative and institutional framework Commission stated in the Annual framework enable effective seizure, enables effective seizure, confiscation and management of the Progress Report on Serbia. confiscation and management of the proceeds of crime resulting in an increased number of seizures Number of decisions on seizure and proceeds of crime resulting in an 2. and confiscations increased number of seizures and confiscation and value of seized and confiscations confiscated assets derived from criminal activity. RESPONSIBLE TIMEFRAM FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY E/DEADLINE RESOURCES STATUS

2.3.5.1. Adoption of the Law on - Ministry of IV quarter of Budget of the Law on Amendments and Supplements to Justice (state 2015. Republic of Serbia Amendments and the Law on Seizure and secretary in 48.900 € Supplements to the Confiscation of the Proceeds from charge of anti- Law on Seizure and Crime in accordance with the corruption) In 2015. Confiscation of the previously conducted analysis Proceeds from aimed at improvement of - Directorate for Crime adopted. efficiency. Administration of Seized Assets (director)

- National Assembly

154 2.3.5.2. Conduct a comparative legal - Ministry of II quarter of Budget of the Analysis performed. analysis on efficient mechanisms Interior 2015. Republic of Serbia for seizure and confiscation of 8.642 € assets and select an appropriate - Ministry of model. Justice (state In 2015. secretary in charge of anti- corruption)

- Directorate for seized property 2.3.5.3. Adoption of bylaws to regulate - Ministry of II quarter of Budget of the Bylaws adopted. records keeping, management of Justice (state 2016. Republic of Serbia seized assets and value assessment. secretary in 8.642 € charge of anti- corruption) In 2015.

- Directorate for Administration of Seized Assets (director)) 2.3.5.4. Strengthening the material and - Ministry of II quarter of Budget of the Software installed. technical capacities of the Justice (state 2016. Republic of Serbia Directorate for Administration of secretary in Seized Assets through the purchase charge of anti- Costs currently of software for recording seized corruption) unknown property. - Directorate for Administration of Seized Assets (director)

155 2.3.5.5 Strengthen the capacity of the - Ministry of Continuously Budget of the Training conducted. Directorate for Administration of Justice (state Republic of Serbia Seized Assets through employment secretary in and training, particularly in the part charge of anti- Costs currently relating to the management of corruption) unknown property seized from legal entities. - Directorate for Administration of Seized Assets 2.3.5.6. Advance international cooperation - Ministry of Continuously Budget of the Number of by signing contracts with the Justice (state Republic of Serbia contracts concluded Directorates in the region and the secretary in with the EU. charge of anti- Activity requiring Directorates in the corruption) insignificant costs region and in the EU. - Directorate for Administration of Seized Assets 2.3.5.7. Strengthen capacity by recruiting - Ministry of Continuously Budget of the Training conducted new staff and training current staff Justice (state Republic of Serbia and positions filled. secretary in charge of anti- Costs currently corruption) unknown

- Directorate for Administration of Seized Assets

2.3.6. Review the system of immunities, by ensuring that Provisions on immunity are 1. Positive opinion of the European effective procedures for lifting of immunities are in place so that reviewed and amended to ensure Commission stated in the Annual they do not hamper criminal investigations into allegations of efficient procedure for deciding on Progress Report on Serbia; corruption and crime immunity, which do not hamper criminal proceedings in corruption 2. Number of cases of lifting immunity; and other crimes.

156 RESPONSIBLE TIMEFRAM FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY E/DEADLINE RESOURCES STATUS

2.3.6.1. Conduct analysis of the deficiencies - Parliament of II quarter of Budget of the Analysis conducted. in regulations and revision of the Republic of 2015. Republic of Serbia regulations with regard to: Serbia 8.642 € - persons enjoying immunity - scope of immunity и In 2015. -proceedings to lift immunity. 2.3.6.2. Changes in regulations so as to - Government of IV quarter of Budget of the Amendments to the cover all categories of persons Republic of 2015. Republic of Serbia regulations adopted. enjoying immunity and redefine Serbia 48.900 € procedures of lifting immunity in accordance with the analysis of the - National In 2015. deficiencies in regulations and Assembly revision of regulations with regard to: - persons enjoying immunity - scope of immunity и -proceedings to lift immunity, referred to under item 2.3.6.1.

1. Positive opinion of the European 2.3.7. Propose measures for law enforcement and the judiciary Measures to prevent leeks to the Commission stated in the Annual to prevent leaks to the media of confidential information media of confidential information Progress Report on Serbia; regarding the investigations regarding the investigations are 2. Number of proceedings for illegal established and effectively distribution of information to the media implemented. about active investigation procedures. RESPONSIBLE TIMEFRAM FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY E/DEADLINE RESOURCES STATUS

2.3.7.1. Conduct analysis of the current - Ministry of II quarter of Budget of the Analysis conducted. situation (normative, organizational Interior 2015. Republic of Serbia and functional), identifying 8.642 € weaknesses and risks (level of data - Republic Public accessibility for the exact Prosecutors’ In 2015. determination of availability in Office relation to time and content) 157 2.3.7.2. Proposal of amendments or the - Ministry of IV quarter of Budget of the Amended or adoption of new regulations and Interior 2015. Republic of Serbia adopted new procedures aimed at introducing - 48.900 € regulations and control and oversight mechanisms - Republic Public procedures in line in line with the analysis of the Prosecutors’ In 2015. with the analysis current situation (normative, Office referred to in item organizational and functional), 2.3.7.1. identifying weaknesses and risks - Ministry of (level of data accessibility for the Justice (state exact determination of availability secretary in in relation to time and content) charge of anti- referred to in item 2.3.7.1. corruption) 2.3.7.3. Develop an "ideal model" for the - Ministry of II quarter of Budget of the Model for the detection of offenders and proving Interior 2015. Republic of Serbia detection of criminal offence of disclosing offenders and official secrets ("leaking - Republic Public Budgeted in proving criminal information to the media"). Prosecutors’ activities 2.3.4.1. offence of Link with activities 2.3.4.1, 2.3.4.2 Office 2.3.4.2. and disclosing official и 2.2.10.24 2.2.10.24 secrets developed. 2.3.7.4. Revise the rules governing criminal, - Ministry of IV quarter of Budget of the Regulations revised disciplinary and all other types of Interior 2015. Republic of Serbia and the level of IT liability and increase levels of IT 48.650 € protection protection by creating a so-called - Republic Public increased. early warning system and alarm Prosecutors’ In 2015. system. Office The so called early warning system and - National alarm system Assembly established.

158 2.3.7.5. Monitor sanctioning of violations of - Ministry of Continuously, Budget of the Number of cases of regulations preventing disclosure of Interior commencing Republic of Serbia violation of confidential information, along with from entry into 1.225 € regulations the prepared analysis on the - Republic Public force of preventing implementation of regulations and Prosecutors’ internal acts In 2016 - 408 € disclosure of recommendations. Office confidential In 2017 - 408 € information.

In 2018 - 409 € Conducted analysis on implementation with the recommendations.

1.The positive assessment of the European 2.3.8. Conduct a mid-term review at the end of 2015 as well as Conducted a mid-term analysis at Commission's annual report on the progress of an impact assessment in 2018 of the results generated by the the end of 2015 and impact Serbia; 2013 Strategy and its revised action plan against the overall assessment in 2018 in conjunction corruption situation in Serbia. Define on that basis and where with the results of the strategy in 2. The degree of fulfillment of measures and needed measures to cover the remaining period up until 2013 and its revised action plan in activities in these areas defined in the Action Plan, accession relation to the overall situation in the based on the report of Anti-corruption Agency; field of corruption in Serbia. Defined measures including the 3. Reports of the Council for the fight against remaining period up to accession. corruption. RESPONSIBLE TIMEFRAM FINANCIAL IMPLEMENTATION ACTIVITIES RESULT AUTHORITY E/DEADLINE RESOURCES STATUS

2.3.8.1. Analyze the results achieved by - Ministry of IV quarter of Budget of the Development of the implementing the Action Plan for Justice 2015. Republic of Serbia analysis and the Implementation of the National evaluation of the Strategy for the Fight against Activity requiring degree of fulfilment Corruption for the period from 2013 insignificant costs of the Action Plan to 2018, and possibly propose their for the amendments. implementation of the strategy and possibly the proposed amendments.

159 2.3.8.2. Evaluate the results achieved by the - Ministry of IV quarter of Budget of the Estimated results of implementation of the National Justice 2018. Republic of Serbia the implementation Strategy for the Fight against of the Strategy and Corruption for the period from 2013 Activity requiring action plans and the to 2018 and the accompanying insignificant costs necessary measures action plans and compare them with for the remaining the overall situation with regard to period up to corruption in Serbia. On that basis, accession defined. define the necessary measures for the remaining period up to accession.

160 3. FUNDAMENTAL RIGHTS

CURRENT STATE:

The Republic of Serbia will continue to improve its legal and normative framework for the protection and promotion of fundamental rights, in line with the EU Acquis, European and international standards and best practices.

Prohibition of torture, degrading and ill-treatment and punishment

In the field of prevention and prohibition of torture and ill- treatment, the Republic of Serbia plans to strengthen the capacity of the Ombudsman, particularly with regard to its role as a National Preventive Mechanism, through the provision of the necessary number and structure of employees for the efficient performance of duties. Also, by establishing specific communication channels between police officers, NPM and civil society organizations, it is planned to increase the level of coordination and raise general awareness about the necessity of full elimination of all forms of torture. Through initial and continuous training for police officers, staff at the institutes for enforcement of criminal sanctions and enforcement judges, a higher level of expertise and awareness of the necessity to establish zero torture tolerance shall be achieved. The existence of adequate infrastructure at the institutes for enforcement of criminal sanctions is an important aspect of the prevention of torture, hence the Republic of Serbia plans to invest considerable efforts to build new institutes for enforcement of criminal sanctions during the implementation period of the Action Plan for Chapter 23, and restore the existing facilities. In addition to the renewal of the facilities, considerable attention will be paid to the improvement of conditions in the Special Prison Hospital in Belgrade. In addition to the infrastructure of the institutes for enforcement of criminal sanctions, significant efforts will be made to improve the infrastructure of the detention facilities in police stations. The problem of overcrowding in the institutes for enforcement of criminal sanctions will be addressed on two tracks, both through infrastructure investments as well as through the development and further improvement of the system of alternative sanctions. In the formulation of measures for the prevention and suppression of torture and ill-treatment, special attention is paid to the Recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment i.e. the implementation of the recommendations is the main focus of all activities in this area.

Freedom of thought, conscience and religion

In the domain of freedom of thought, conscience and religion, it is necessary to conduct a detailed comparative analysis of the legal status of churches and religious communities, taking into account the specificities of European legal tradition in this domain and cultural characteristics of the region Serbia belongs to. The analysis will be based on the idea proclaimed in the Constitution of the Republic of Serbia, which states that churches and religious communities are equal and free to independently regulate their internal organization, religious affairs, to perform religious rites. The neighboring countries of the Republic of Serbia will represent the paradigm for this analysis, given that they have already met the criteria for membership in the EU. The abovementioned approach is based on the cultural similarities of the countries in the region and the fact that the same religious communities are extended across these countries, but also given the need to use the know-how of countries that have already experienced the process of integration. Following the performed analysis, all necessary measures to implement the recommendations of the analysis will be undertaken to enable full alignment with the identified standards and best practices.

Freedom of expression, including freedom and pluralism of the media

Through consistent implementation of a set of new media laws that came into force in the beginning of August 2014, full withdrawal of the state from media ownership will be achieved, which is one of the main strategic objectives of the Strategy for Development of Public Information System in the Republic of Serbia in 2011. Frequent threats and violence against journalists have been recognized as a serious threat to freedom of expression and media pluralism. In order to overcome this challenge, it is necessary to strengthen coordination between all competent authorities and raise awareness on the importance of the protection of journalists, both through training and prioritization of these cases, which will represent the key focus in the following period. 161 Information leaks regarding planned and ongoing criminal investigations have been perceived as a serious threat to the efficiency of the investigation, the presumption of innocence and privacy of personal data. It is planned to end these negative practices through the development of new operational procedures, capacity building through training and effective coordination of the competent authorities.

Principle of anti-discrimination and position of socially vulnerable groups