The European Commission's 2026 Rule of Law Report on Serbia, published on 22 July 2026, finds that legal amendments adopted in January 2026 removed safeguards for prosecutorial autonomy and judicial independence, undermining the 2023 constitutional reforms, and that political pressure on the judiciary and prosecution increased significantly over the past year.
The report, a country chapter of the broader 2026 Rule of Law Report, details that in January 2026 the Serbian Parliament amended five laws via urgent procedure, transferring authority to verify prosecutorial instructions back to the hierarchy, introducing renewable mandates for Court Presidents and Chief Public Prosecutors, and terminating secondments of 11 prosecutors from the Public Prosecutor's Office for Organised Crime (POOC) effective 11 March 2026. The Venice Commission, in an urgent opinion of April 2026, identified shortcomings in these changes. Serbia adopted remedial measures in May and June 2026 that addressed most of the Venice Commission's recommendations, including the reinstatement of two remaining prosecutors to POOC by the High Prosecutorial Council on 18 June 2026 and the secondment of an additional prosecutor. However, outstanding issues remain: the revision of the Law on the Judicial Academy and adoption of the Court Rulebook are still incomplete, and a Venice Commission follow-up opinion of 16 June 2026 noted that the draft does not fully address protection from undue influence.
The report also highlights persistent institutional weaknesses. As of June 2026, 164 of 899 prosecutor positions were vacant, up from 139 in May 2025, and the High Prosecutorial Council has been unable to make appointment decisions due to a lack of quorum. The High Judicial Council received four new requests for protection from undue influence in 2025, while the High Prosecutorial Council received 15, with one found well-founded. New magistrate members were elected to both councils on 6 April 2026, but the election for the High Prosecutorial Council faced delays and procedural challenges, after its results were annulled by the Constitutional Court in December 2025 and a re-run held in February 2026.
For stakeholders, the findings carry significant implications. Serbian citizens and civil society face weakened judicial independence and increased political pressure, undermining trust in the rule of law. The Serbian judiciary and prosecution are directly affected by the legal changes and persistent vacancies, hampering their ability to function effectively. EU institutions and member states, which condition accession progress on rule of law benchmarks, must weigh the partial remediation against the broader backsliding. The European Commission is expected to follow up with recommendations and monitor implementation, while the Council and European Parliament will consider the findings in Serbia's EU accession negotiations.