HRA NEWSLETTER 17 – TOPIC 5

Members of Parliament voted in favour of the amendments on 27 February. The adopted changes enable a salary increase of 30 percent for judges and state prosecutors. President Milatović had previously contested the initiative, arguing that the system does not function properly.

It should be recalled that in January judges and prosecutors received salaries reduced by 30 percent because the legislative amendments had not been adopted in time.

Twenty-five days before the parliamentary vote, President Milatović publicly criticised the planned increase. He argued that such a measure would not be fair under the current circumstances.

“Regarding the planned 30 percent salary increase in the judiciary, it is my duty to point out what citizens already feel. At a time when they see that parts of the judiciary and prosecution are failing to deliver justice, it is not fair to increase salaries for everyone through temporary solutions as if the system functions flawlessly. Individuals responsible for delays in justice cannot be rewarded, while numerous cases such as the Telekom case become time-barred and justice is often absent,” Milatović wrote on the social media platform X.

He proposed that the issue of salaries and incentives in the judiciary should instead be resolved through systemic reforms introducing clear and measurable criteria related to performance, accountability and results.

However, such statements by the President may also be interpreted as inappropriate pressure, given the constitutional principle of the separation of powers and the independence of the judiciary. The President does not have constitutional authority to publicly comment in this manner on issues concerning the material status and functioning of the judiciary. Statements of this kind may therefore create a perception of political influence and further burden the independence of judges and state prosecutors in the exercise of their functions.

HRA NEWSLETTER 17

• N17.T1 – Election of Constitutional Court Judge Remains Pending
• N17.T2 – Former Special Prosecutor on the Run After Prison Sentence
• N17.T3 – Vesna Medenica placed in detention after weeks of procedural back-and-forth between the Court of Appeal and the High Court
• N17.T4 – Milatović, Zirojević, and Vukšić undermined the independence of state prosecutors
• N17.T5 – Parliament votes for higher salaries for judges and prosecutors; President opposes
• N17.T6 – Judge’s election questioned due to her husband; prosecutor candidate challenged over his parents
• N17.T7 – How Did Judges and State Prosecutors Handle Torture Cases?
• N17.T8 – Inconsistent Judicial Practice in Gender-Based Violence Cases
• N17.T9 – Basic Court in Pljevlja: Good Results in Inadequate Conditions
• N17.BN – BRIEF NEWS