Report of the Ombudsman: A Mere Formality or a Contribution to the Rule of Law in the Process of European Integration

In the past ten years, Serbia has largely regressed in terms of democracy and the rule of law. Data from international and domestic organisations point to a state that has been captured by one party, the collapse of the separation of powers, and the absence of political dialogue. On the other hand, the Government of Serbia keeps emphasising the rule of law as its main priority in the accession negotiations with the European Union (EU). For the EU, the development of democratic processes is the main aspect of Serbia’s approach. In such circumstances, the attitude of the legislative and executive powers towards the report of the Ombudsman shows whether the authorities are essentially or just formally committed to the rule of law and admission to the European Union.

Although there are numerous challenges in the work of the Ombudsman, this document analyses only the practice of its reporting to the National Assembly, in the context of ongoing reforms implemented for the purpose of Serbia’s accession to the European Union. We particularly stress the importance of the Ombudsman in strengthening democratic institutions and fulfilling the criteria from the negotiation Chapters 23 (Judiciary and Fundamental Rights) and 24 (Justice, Freedom and Security), and propose solutions that contribute to political responsibility and the rule of law.

If Serbia wishes to responsibly ensure the rule of law as a priority in European integration, it needs to improve the attitude of the Government and Parliament towards the report of the Ombudsman. On the other hand, decision-makers from the EU should continuously insist on this within the framework of the assessment of the state of democracy and the monitoring of reforms from Chapters 23 and 24.

Opinions expressed in the publication are the sole responsibility of the authors and do not necessarily represent those of the Netherlands Embassy in Belgrade.