DSP(2003)17 7 July 2003
European Commission and Council of Europe
Joint Programme of Cooperation
with Serbia and Montenegro
1st Steering Committee Meeting (Belgrade, 11 June 2003)
DRAFT REPORT
(English Only)
Information document
prepared by the Directorate of Strategic Planning (DSP)
The first tripartite (European Commission / Council of Europe Secretariat / Serbia and Montenegro authorities) Steering Committee meeting of the Serbia and Montenegro EC / CoE Joint Programme took place in Belgrade on 11 June 2003. The meeting brought together some 30 institution partners from all levels of government involved in the implementation of this Joint Programme (Union level, Serbian and Montenegrin levels – List of participants appended). The meeting was also attended by several non-governmental organisations and other interested partners in the implementation of the programme. The meeting was chaired by Ambassador S. Prica, Head of OSCE / CoE department at the Ministry of Foreign Affairs.
The aim of this trilateral Steering Committee meeting was to discuss the objectives and priorities of the programme, as well as the practical implementation details of the programme, any possible changes to the programme and set benchmarks the development of the programme until the next Steering Committee meeting.[1]
The discussion demonstrated the participants were well prepared for the meeting and that the Joint Programme was designed to correspond to the real needs of the country (both at Union and at the level of the two state members).
The twenty four month Joint Programme has three main objectives:
1. Promoting European standards in the protection of Human Rights.
2. Promoting the reform of both the judicial institutions and penitentiary systems.
3. Promoting the values of Human Rights and civic education in the education system.
1) Promoting European standards in the protection of Human Rights.
The ultimate objective of this thematic area is the domestic implementation of the Council of Europe human rights instruments, in particular the European Convention on Human Rights and the European Social Charter.
A Compatibility report of Yugoslav Law and Practice[2] was published in December 2002 and has been widely distributed among the country’s authorities and legal practitioners. This publication was used as a tool in the selection of priority legislative areas at both Union and State levels, which the Joint Programme should target. The selected legislative areas of interest are:
At the level of the Union a working group has been constituted under the auspices of the Ministry of Defense to deal with the issue of Conscientious objection and alternative service.
In Serbia, two independent working groups of local experts under the auspices of the relevant ministries (Ministry of Justice, Ministry of Finance) will be created to deal with the following three priority legislative areas 1) Criminal Procedure; 2) Property law. These groups will liase and work with the Council of Europe experts to produce a final report addressing these three areas of interest by making concrete recommendations on how the relevant laws should be amended in order to put them in conformity with the requirements of the ECHR. This will then enable an open discussion to ensue, bringing full transparency to the legislative process. The incorporation of parliamentarians, judges, prosecutors and practicing lawyers into this process was deemed both desirable and necessary.
By the next Steering Committee meeting, the three working groups should produce concrete recommendations to amend existing laws or to draft new pieces of legislation.
In Montenegro a compatibility exercise will be carried out under the auspices of the Montenegrin Ministry of Justice, and a group of independent Montenegrin experts should be constituted in the next few days. This report with specific comments by Council of Europe experts should be available for discussion at the next Steering Committee meeting.
2) Promoting the reform of both the judicial institutions and penitentiary systems
As part of the Joint Programme judicial reform component, activities will focus on the process for legislative and institutional reforms and on the support to judicial training structures.
In Serbia, priority matters to be covered will be the follow-up assistance on a package of five basic laws to be reviewed:
1. The law on the High Judicial Council,
2. The law on Judges
3. The law on the Public prosecutor
4. The law court organisation
5. The law on the seat of courts and tribunals.
Further to previous expert comments and meetings held in 2002 on the same laws, additional recommendations will be produced by Council of Europe experts following the review of these laws, which will then enable their eventual alignment with European standards. This process will bring together national and international experts working together in partnership.
By the next Steering Committee meeting, the following could have been acheived: new versions of these laws (+ the law on lustration) translated into English, forwarded to the CoE for comments, comments discussed with the local working Group, and amendments to the law agreed by the Government and submitted to the National Assembly for discussion.
As foreseen in the JP, the assistance will focus in a second phase, depending on the legislative developments described above, on the assistance on the implementation of these laws and the functioning of the judicial bodies.
In Montenegro, following the adoption, in 2002, of the law on courts, further expert assistance will be devoted (1) on the implementation of this law and the effective functioning of the judicial bodies and (2) on the finalisation of important draft laws related to the efficiency of civil justice: the law on litigation and the law on execution of civil decisions.
For the next steering group meeting, depending on the timely submission, by the Ministry of justice, of the English version of the legal texts, the following laws could have been submitted for expert reviews and discussed with the competent working groups: law on litigation, law on enforcement of decisions, law on the state civil servants, law on the salary system, law on the notaries, law on advocacy. As a result of expert discussions, the laws should be finalised and proposed for discussion to the Parliament.
Assistance will also be given on the functioning of the judicial bodies established under the law on courts, in order to ensure that its role, composition and functioning is compatible with the requirements of the European standards.
As to the Judicial Training Structures, as recommended already by the CoE experts, in several expert opinions and at several expert meetings in Serbia and Montenegro, further thought and effort should be devoted to the establishment of a real School for Magistrates, giving mandatory initial and continuous training, as an objective guarantee for the judge’s qualification. This work is to be carried out together with the work aiming at reinforcing the judicial institutions guaranteeing the independence of justice. Accordingly, the training of judges and prosecutors, the training institutions curriculum and the appointment of judges and prosecutors will all be the target of expert analysis. The mix of expert meetings and study visits are anticipated for the achievement of these objectives.
As a priority matters, expert meetings will be organised in order to divulgate the European standards applicable to judicial training. Depending on the willingness of the competent authorities, expert assistance will be proposed to draft the appropriate legal framework establishing such School for Magistrate.
As to penitentiary reform, the activities foreseen in the joint Programme will be implemented under the overall supervision of the Steering Groups on prison reforms, previously created by an initiative of the Council of Europe, with the Ministries of Justice in Serbia and in Montenegro. The Steering Groups will make sure that this part of the joint programme is implemented in the most efficient way, in order to concretely and adequately meet the priority needs identified.
Normative aspects will be addressed to ensure legislation is compatible with European standards. Both in Serbia and in Montenegro, the finalisation of the laws on the enforcement of criminal sanctions, and their implementation, will benefit from particular attention.
The Joint Programme will also seek to address the support to the training structures for prison staff, the establishment of a system of community sanctions and measures and will benefit from a partnership established with other European countries, for study visits and other kind of intellectual and material exchanges.
By next Steering Group meeting:
- laws on the execution of criminal sanctions are amended or finalised as recommended by CoE experts and submitted to respective Parliaments
- the resident expert is based in Belgrade and effectively assist in the implementation of the programme
- a steering group meeting on prison reform is organised to plan the implementation of priority activities
- partner countries are identified and confirm their willingness to organise different types of exchanges with the prison administrations in Serbia and in Montenegro.
- Seminars and other types of activities are organised on the European standards applicable to the treatment of long term prisoners, the management of overcrowding establishment, the management of juveniles in prison, the health care in prison.
Seminar and expert meetings on the community sanctions and measures are organised to disseminate European standards and practices in this field
3) Promoting the values of Human Rights and civic education in the education system.
In the Human Rights and Civic education part of the Joint Programme three main areas are to be addressed:
1. policy development
2. teacher training
3. the development of teaching materials
o Policy development
The issues of bringing Human Rights into the core curriculum and encouraging co-operation and consistency between the two member states are to be dealt with by a series of six seminars. Three of these seminars will be held in Serbia and two in Montenegro , followed by a final joint seminar.
The overall aim of the policy seminars is to help establish human rights and civic education as a compulsory subject at all levels in primary and secondary schools in Serbia and Montenegro. The benchmark for this activity will be a firm commitment that the subject will be taught in more classes than at present and that EDC/HRE is becoming an aspect of teacher training for all teachers, whatever the subject.
o Teacher Training
Training teachers in Human Rights and not just on Human Rights is the catch phrase of this specific objective. Respect for Human Rights has to be instilled as a way of life.
The possibility of establishing a permanent Education for Democratic Citizenship Teacher Training Centre in Belgrade was proposed. The centre would be set up within the university to develop programmes for pre-service and in-service training for EDC teachers as well as teachers of other subjects. A feasibility study has been suggested and will determine how to set up the centre and how to ensure its sustainability. A seminar on curriculum development will also be held in each Republic.
A pilot project consisting of teacher training seminars will act as the benchmark for this part of the programme in Serbia. Similar seminars will be held in Montenegro to consolidate the training already received by teachers there.
o Teacher Training Materials
Materials will be produced on the basis of previous Council of Europe models developed in the region. This will be a participatory process and will involve and implicate teachers themselves.
4) Other proposals
A representation from the Serbia and Montenegro authorities regretted that the present Ec/CoE Joint Programme doesn’t cover the field of local government. The wish was expressed that in subsequent EC/CoE Joint Initiatives, cooperation should also be extended to this important field of activities.
In relation to Human Rights, several participants stressed the need to develop information and awareness-raising, using all form of mass media.
4) Conclusion
The meeting affirmed the clear desire for all to ensure that Serbia and Montenegro continue on an irreversible path of reform and European integration.
It was agreed that a timetable be produced to reflect the achievement of objectives during the implementation of this Joint Programme. The secretariat of the Council of Europe agrees to produce this by the Autumn of 2003, in cooperation with the Serbian and Montenegrin authorities involved in the Joint Programme.
At this early stage no formal changes are necessary to the implementation plan. The only change foreseen is the title of the Joint Programme which should be changed from ‘Joint Programme of Cooperation to support the Union of Serbia and Montenegro’s accession to the Council of Europe’ to ‘EC/CoE Joint Programme of Cooperation with Serbia and Montenegro’ since the accession of Serbia and Montenegro took place on the 3 April 2003.
The next Steering Committee meeting should take place in Spring 2004 (possibly in Podgorica, Republic of Montenegro).
European Commission / Council of Europe
Joint Programme of Co-operation with Serbia and Montenegro
1st Steering Committee meeting
Draft Agenda
I. Introductory interventions:
- Serbian & Montenegrin Delegation
- European Commission
- Council of Europe
II. Introduction and overview of the programme’s aims and objectives.
III. Promoting European standards in the protection of Human Rights
IV. Promoting the reform of both the judicial institutions and penitentiary systems
V. Promoting the values of Human Rights and civic education in the education system
VI. Modalities of implementation
VII. Conclusion
* Please note that the working language of the meeting will be English & Serbia
Joint Programme Serbia & Montenegro Steering Committee
Belgrade 11 June 2003
List of Participants
Serbia and Montengro
Sladjana PRICA Ministry of Foreign Affairs Ambassador of Serbia and Montenegro, Director of the Department CoE and OSCE
Jelena MARKOVIC Ministry for Human and Minority Rights Assistant Minister
Mile STOJKOVIC Ministry of Defense of Colonel, Head of Dept. Serbia and Montenegro for Defense Policy
Dragan STOJOVIC Ministry for Foreign & Economic Relations Senior Counsellor
Radoje PRICA Assembly of the State Union of Serbia and Montenegro. Deputy
Dusan MAKSIC Assembly of the State Union of Serbia and Montenegro Secretary of the Political Affairs Committee
Zorica VUKELIC Permanent Conference of Towns and Municipalities. Deputy Secretary General
Zoran ZIVANOVIC Bar Association of Serbia and Montenegro Secretary
Natasa KOTUROVIC Office of the National Coordinator of the First Working Table for Stability Pact in SEE. Executive Secretary
Brankica GRUPKOVIC Ministry of the Interior Counsellor to the Minister of the Rep. of Serbia. Minister
Nebojsa MILETIC Ministry of Labour and Employment. Deputy Minister of the Republic of Serbia
Jelena ADAMOVIC Ministry of Labour and Employment of the Republic of Serbia. Legal Adviser
Snezana STOJKOVIC Ministry of Labour and Employment of the Republic of Serbia. Legal Adviser
Gordana MILJEVIC Ministry of Education and Sports of the Republic of Serbia. Head of the International Relations Department
Radmila GOSOVIC Ministry of Education and Sports of the Republic of Serbia. Head of the Democratization Department
Natasa TOMICIC Ministry of Education and Sports of the Republic of Serbia. Adviser
Aleksandra POPOVIC Ministry of Justice of the Republic of Serbia Adviser
Ljiljana LUCIC Ministry of Social Affairs of the Rep. of Serbia Deputy Minister
Jelena TOPALOVIC Ministry of Culture and Media of the Rep. of Serbia Adviser
Zoran MARICIC Ministry of Health of the Republic of Serbia Assistant Minister
Jelena CVETKOVIC Ministry of Environment of the Republic of Serbia Adviser
Maja STEFANOVIC Office of the Public Prosecutor. Deputy Public Prosecutor of the Republic of Serbia
Ozren TOSIC Commissioner for Refugees of the Republic of Serbia Commissioner
Dragoljub KAVRAN, PhD Council for State Administration of the Republic of Serbia. President.
Mira DJUROVIC National Assembly of Republic of Montenegro the Secretary of the Political Affairs Committee
Vesko GARCEVIC Ministry of Foreign Affairs of the Rep. of Montenegro. Assistant Minister
Igor MARTINOVIC Ministry of External Economic Relations of the Republic of Montenegro. Counsellor
Srdjan SPAIC Ministry of Justice of the Republic of Montenegro. Secretary
Rifat VESKOVIC Ministry of Culture of the Republic of Montenegro. Assistant Minister
Radovan DAMJANOVIC Ministry of Education and Science of the Republic of Montenegro. Assistant Minister
Sabahudin DELIC Ministry for the Protection of Interests of National and Ethnic Minorities of the Republic of Montenegro. Assistant Minister
Ranka CARAPIC Office of the Public Prosecutor of the Republic of Montenegro. Deputy Public Prosecutor
Dina DOBRKOVIC Belgrade Center for Human Rights Project Coordinator
Sonja LICHT Open Society Fund. President
Zarko STEPANOVIC Open Society Fund. Programme Coordinator
Marijana OBRADOVIC Helsinki Committee. Legal Adviser
Biljana KOVACEVIC Yugoslav Committee of Lawyers for Human
VUCO Rights. President
Nevena RUZIC Yugoslav Committee of Lawyers for Human
Rights. Counsellor
Boris HOLOVKA Ministry of Foreign Affairs of Serbia and Montenegro Department for CoE and OSCE. First Secretary
Marija PETROVIC MFA – Dept. for CoE and OSCE. Attache
Ljiljana KIS MFA – Dept. for Intl. Cultural, Educational and Sports Cooperation. First Counsellor
Jasmina STANKOVIC MFA – Commission for UNESCO of Serbia
TATARAC and Montenegro. Senior Counsellor
Olga COSIC MFA – Department for International Organizations Counsellor
Goran GVOZDENOVIC MFA – Department for EU. Counsellor
Jelena JEVTOVIC MFA – Dept for Legal Affairs. Third Secretary
Marija SELAKOVIC MFA – Section for Stability Pact in SEE. Attache
Andon SAPUNDZI MFA – Department for Attache Analysis and Planning
European Commission
David HUDSON First Secretary Political Section, Delegation of European Commission, Serbia and Montenegro, Belgrade
Sanda BABIC Political/Legal Officer, Delegation of European Commission, Serbia and Montenegro, Belgrade
Council of Europe
Directorate of Strategic Planning
Jean-Louis LAURENS Director
Fredrik HOLM Co-ordinator South-Eastern Europe
Sebastian FOUQUET Programme Counsellor
Johan FRIESTEDT Administrator, Monitoring Department
Directorate General I – Legal Affairs
Humbert de BIOLLEY Programme Counsellor, Division for Legal Programmes
Co-ordination, Administration and Budget
Silvija PANOVIC-DJURIC Legal Advisor – CoE Belgrade
Directorate General II – Human Rights
Tatiana TERMACIC Programme Adviser, Human Rights Co-operation and Awareness Division
Directorate General IV – Education, Culture and Heritage, Youth and Sport
Christopher REYNOLDS Programme Officer, South-East Europe Co-ordination,
Targeted Co-operation and Assistance Co-ordination Unit
Maja MUGOSA Local Project Officer, Council of Europe Secretariat Office in Montenegro
Directorate General of Political Affairs
Verena TAYLOR Special Representative of the Secretary General of the Council of Europe in Belgrade
Gennadiy KOSYAK Head of the Podgorica Office, Council of Europe Secretariat Office in Montenegro