Letter to the Ministry of Justice regarding the conclusion of the “public debate” on amendments to criminal legislation

The Working Groups of the National Convention on the European Union (NCEU) for Chapters 23 and 24 have, over the past three years, continuously emphasized the need for a transparent and inclusive process for amending the Criminal Code and the Criminal Procedure Code. Since 2022, upon learning that working groups had been formed a year earlier, the NCEU has insisted on communication with the Ministry of Justice and on participation in all stages of preparing the amendments, bearing in mind the importance of these laws for harmonization with the EU acquis and the strengthening of criminal law protection for citizens.

Nevertheless, despite formal meetings and limited insights into the work of the groups, requests for access to draft texts, analyses, and the organization of thematic discussions were not fulfilled. The public debate, organized in October 2024, was extremely brief – without adequate time to review the complex amendments and without opportunities for meaningful participation by experts and the wider public. During the Second Session of the Second Regular Sitting of the National Assembly of the Republic of Serbia, held on November 25, 2024, a number of amendments were adopted, and it was announced that discussions on other proposals would continue – which, however, did not happen. Considering all of this, the opportunity was missed to set this process as an example of good practice in aligning with the EU acquis.

Instead of responding to the stated requests and fulfilling the previously assumed obligations regarding transparency and inclusiveness of the process, on September 10, 2025, the Ministry of Justice launched a new “public debate” (or perhaps continued the previous one – which remains unclear), this time covering three key laws simultaneously: the Criminal Code, the Criminal Procedure Code, and the Law on Juvenile Offenders.

This public debate, once again limited to the legal minimum of 20 days, was announced without prior notice, without the presentation of initial principles or an introductory document, and the program does not foresee the organization of public discussions. The call was published via the e-Consultations platform and on the Ministry of Justice’s website, without additional promotion on social media, and without consultation with judicial institutions, academia, or civil society organizations.

Such conduct represents a serious setback in terms of democratic procedures and contradicts fundamental standards of transparent lawmaking.

Civil society organizations gathered within the Working Groups for Chapters 23 and 24 of the NCEU generally believe that participation in such a public debate is not advisable. However, we feel a responsibility to the citizens of this country to do everything in our power to point out the potential harmful effects of the proposed amendments.

The NCEU Working Groups for Chapters 23 and 24 consider this manner of conducting a public debate – lacking genuine discussion, explanatory drafts, and any financial or institutional impact assessment – to be deeply problematic and directly contrary to Serbia’s obligations in the EU accession process.

This is particularly alarming given that the amendments include the introduction of new criminal offenses, stricter sentencing policies, and changes in procedures regarding juveniles – all of which require detailed expert consideration and consensus among relevant social stakeholders.

The Ministry of Justice’s reference to the Reform Agenda as a justification for an expedited procedure is unfounded, as the deadlines for amendments to the criminal legislation were set long ago and merely extended by the Reform Agenda. Therefore, insisting on rapid adoption at all costs may reduce the quality of the legal solutions and weaken legal certainty instead of improving it.

For all the reasons stated above, as part of this so-called “public debate,” we are submitting to the Ministry of Justice a document titled “Red Lines”, which highlights the most harmful proposed amendments to the criminal legislation – a mendments whose adoption would be unacceptable and contrary to already achieved standards. (This document does not constitute comments on the draft laws.)

On the website of the National Convention on the EU, the updated Consolidated Commentary by the Working Groups for Chapters 23 and 24 is available to the public and all interested stakeholders. It includes Comments on the Draft Laws on Amendments to the Criminal Code, the Criminal Procedure Code, and the Draft Law on Juvenile Offenders. These comments, as well as those in the “Red Lines” document, were submitted by a total of 16 member organizations of the Working Groups.