The Serbs are called to the polls this Sunday, January 16 to decide, by constitutional referendum, on the reform of justice. Expected for several years, this reform aims to strengthen the independence of the judiciary.
The European Union, France, Germany, Italy, the United Kingdom and the United States welcomed in a joint communiqué on January 14 this “step forward towards bringing Serbia into line with European standards”.
“Suspicion of the authorities remains”
The Venice Commission, this constitutional advisory body of the Council of Europe, welcomed several advances contained in the reform. In particular the fact that the presidents of courts, judges and prosecutors will no longer be elected by the National Assembly.
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“But society is so polarized and the media controlled by power that whatever they say suspicion of the authorities remains,” deplores an intellectual who wishes to remain anonymous. Confusion reigns. “This reform is promoted by a government that is not pro-European, while the pro-European opposition calls for voting against, or even boycotting, the election. »
The risks of politicization not ruled out
Some see this referendum as a test before the legislative elections to be held next April. In order to facilitate its passage, the Serbian National Assembly adopted a law on November 25 which abolishes the minimum threshold required of 50% of participants to consider the referendum valid.
The Venice Commission itself had expressed some reservations about the future of the reform: “While the revised constitutional amendments have the potential to bring significant positive changes to the Serbian judicial system, much will depend on their implementation,” and in particular the adoption of organic laws. The risks of politicization of the superior councils of the judiciary and the prosecutors have not been completely ruled out.
Kosovo bans referendum on its soil
“Few people think that they (the proposed amendments to the Constitution, Editor’s note) will end, as if by magic, the long-standing practice of the interference of the Serbian political elite in the work of the judicial system”, thus reports the information site Balkan Insight.
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Moreover, the referendum is fueling tensions with neighboring Kosovo, the former Serbian province whose independence proclaimed in 2008 Belgrade does not recognize. Serbia to open polling stations on its territory where 100,000 Serbs live, contrary to what was done for previous elections. On January 14, Kosovo police blocked two trucks carrying ballots.
The possible resurgence of tensions between the two states
Prime Minister Albin Kurti, in office since March 2021 – and chairman of the Vetevendosje (“Self-determination”) party which has made the fight against corruption his fight – argued that“a referendum on the sovereign territory of another State is not a practice accepted by any democratic country”. And recalled that, if the polling stations were not open for Kosovo Serbs, they can vote by post or at the liaison office in Pristina.
A firmness deplored by the Western powers who called, in their joint press release of January 14, “Kosovo government to allow Kosovo Serbs to exercise their right to vote”. Serbian President Aleksandar Vucic warned, “serious consequences” if the polls were not open, raising fears of renewed tension between the two states.
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