REPUBLIC OF SERBIA MULTI DONOR TRUST FUND FOR JUSTICE SECTOR SUPPORT TF AIDE MEMOIRE 17 to 27 March 2014

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1 REPUBLIC OF SERBIA MULTI DONOR TRUST FUND FOR JUSTICE SECTOR SUPPORT TF A. INTRODUCTION AIDE MEMOIRE 17 to 27 March A World Bank team visited Serbia from about March 17 th to 27 th The mission was led by Mr. Klaus Decker (Senior Public Sector Specialist and Task Team Leader for the MDTF) and comprised Mr. Gregory Kisunko (Senior Public Sector Specialist), Ms. Georgia Harley (Public Sector Specialist), Mr. Domagoj Ilić (Consultant), Ms. Maja Hadži Jordanova (Court Infrastructure Consultant) and Mr. Alexey Proskuryakov (Financial Management Consultant). The team was joined in Belgrade by Mr. Srdjan Svirčev (Public Sector Specialist), Ms. Jovanka Manić (Fiscal Data Consultant), Mr. Dragan Obrenović (Caseload Data Consultant), Ms. Marina Matić (Communications Consultant), Ms. Olga Šipka (Desk Review Consultant), and Mr. Dejan Jovanović (Workshop Organizer Consultant). The team was supported from the Country Office by Ms. Hermina Vuković Tasić (Program Assistant). 2. The objectives of the mission were to: a. host a Management Committee Meeting for the MDTF-JSS; b. work on the second Justice Multi-Stakeholder Survey; c. continue the data collection and analysis under the Judicial Functional Review; and d. reach out and communicate progress to the various stakeholders of the Judicial Functional Review. 3. The team met with officials from the Judiciary, Ministry of Justice and Public Administration (MOJPA), justice sector stakeholders and development partners. The team expresses its gratitude to all the stakeholders met, particularly to the Judiciary for arranging field visits outside of Belgrade and for their warm and open engagement with the Functional Review process. A list of people met is attached as Annex 1. B. KEY FINDINGS AND AGREED NEXT STEPS 4. Key next steps are highlighted in the table below. Next steps Time Frame Responsibility Functional Review See Implementation Schedule annexed to World Bank team Report the Functional Review Concept Note Multi-Stakeholder Justice Perception Survey Workshops for various stakeholder groups, from end March 2014 World Bank team Management Committee Comments to the proposed analysis of the Donors to provide their input by April 4, World Bank team to incorporate comments and to start with the implementation. MC members, World Bank team

2 criminal statistics in Serbia Award prizes for the essay and photo Justice Competition Donors, HJC, MOJPA and SPC to nominate member of the selection committee by April 4, 2014 and committee to decide by April 11, 2014 World Bank team, HJC, MOJPA, SPC and MC members C. JUDICIAL FUNCTIONAL REVIEW 5. The work on the Serbian Judicial Functional Review continues. The team continues to collect some quantitative data on specific aspects, but the focus has shifted to qualitative data and data analysis. In addition to meetings with interlocutors in Belgrade, the team visited courts in Kragujevac, Pančevo and Sremska Mitrovica. The Functional Review s infrastructure consultant is now on board and conducted meetings with MOJPA representatives and field visits to assess the state of infrastructure planning for justice service delivery. The team facilitated a Civil Society Organization (CSO) consultation forum in Belgrade to receive input from more than a dozen CSOs on aspects of judicial efficiency, quality and access for input to the Functional Review. 6. The Functional Review team shared the following three draft documents with the focal points of the primary institutions for their review and comments: a. the draft statistical table which compiles and synthesizes data received from institutions and displays relevant court characteristics, caseload data, financial and human resource data for all courts in Serbia for 2013, 2012, 2011 and some data for 2010 in one excel spreadsheets with corresponding pivot tables; b. the draft Desk Review which compiles and summarizes existing analytic work related to judicial reform Serbia published since 2010; c. the draft Background Annex which provides basic information about the Serbian judiciary, including a summary of recent reforms, the existing court structure, governance arrangements for the judiciary and some background on related institutions and stakeholders. Feedback on the drafts will be considered in coming weeks, and then documents will be shared with broader stakeholders. A second tranche of draft documents will be shared with focal points in the primary institutions in early April The team, together with the local consultancy firm IPSOS, organized three workshops to present the preliminary results of the Multi-Stakeholder Survey. The first presentation was delivered to the key focal points in the primary institutions (MOJPA, HJC and SPC), the second presentation was for the members of the Management Committee of the MDTF-JSS, and the third one was for judges and prosecutors from Belgrade and neighboring cities. The team will incorporate feedback from these two workshops into future presentations to broader stakeholders both in Belgrade and outside of Belgrade. It is envisioned that the team will deliver two more presentations, one in Nis and another one in Kragujevac before April 20th. These presentations will be closely coordinated with HJC, MOJPA and SPC. Copy of the presentation is at Annex 2. 2

3 D. MDTF-JSS ACTIVITY UPDATE 8. A Management Committee Meeting was held on 26 March The meeting was opened by Tony Verheijen and chaired by Klaus Decker. Minutes of the meeting are at Annex 3. The key decision points of the meeting were as follows: a. The meeting welcomed observers to the Management Committee meetings, representatives from the High Judicial Council, State Prosecutorial Council and Serbian European Integration Office; b. The meeting agreed that the support provided by the consultants hired under the Reform and Accession Facilitation Unit (RAFU) is worthwhile but highlighted the importance of regular reporting on the work performed by RAFU; c. The meeting agreed that the progress in preparation of the Functional Review is satisfactory; d. The meeting agreed that progress of the MDTF-JSS activities is going as planned; e. The meeting agreed in-principle to support the proposed activity to improve criminal statistics in Serbia. This proposal is the result of a series of discussions with MOJPA, HJC and SPC on how best to support criminal procedure reforms currently underway in a manner that is both evidence-based and ensures stronger stakeholder engagement. The donors agreed to provide their comments to the proposed activity by April Within the outreach activities of the Functional Review the team has informed members of the Management Committee that the essay and photo Justice Competition will be closed on March 31. Donors were asked to nominate a member to the selection panel which will decide on the winner of the $1,000 prize. Beside a donor representative, the selection panel will also comprise of the representatives from MOJPA, HJC and SPC. The award ceremony will take place in early May The new MDTF-JSS website has been launched at The website will be further updated with information relating to justice reform activities in Serbia, including the Judicial Functional Review. The Document section of the website ( is a repository of a number of reports and other analytical documents about the situation in the Serbian judiciary produced by both Serbian judicial stakeholders, Civil Society Organizations (CSO), as well as international partners. MDTF-JSS donors and partners were invited to share any content relevant to the reform of the judiciary which they would like to post on the website. E. PROGRESS TOWARDS PROJECT DEVELOPMENT OBJECTIVE (PDO) 11. Progress toward the Project Development Objectives is satisfactory. The objective of the Trust Fund is to provide support for strengthening and advancing the justice sector reform in the Republic of Serbia in order to facilitate its integration to the EU. The implementation of Bank-executed activities is intensifying, with progress across all sub-components (institutional capacity, resource management and aid coordination, legal and institutional environment, judicial facilities and infrastructure, and outreach, monitoring and evaluation) but with particular focus on delivering the Serbian Judicial Functional Review. The implementation of Recipient-executed activities has also accelerated, and remaining funds under the RFU component will be disbursed via the reformed RAFU. The commencement of 3

4 the EU screening process will provide additional impetus to reform and likely continue accelerating progress under MDTF activities. 4

5 ANNEX 1 List of Persons Met Last Name First Name Title/Organization Government and Justice Officials Mr. Backović Čedomir Assistant Minister, Ministry of Justice and Public Administration Ms. Jelača Slavica Assistant Minister, Ministry of Justice and Public Administration Mr. Popović Slobodan Assistant Minister, Ministry of Justice and Public Administration Ms. Krejović Ljiljana Procurement Specialist: PIU - MDTF JSS Ms. Grubić Daliborka Financial Specialist PIU MDTF-JSS Ms. Mirković Nada Sector for budget, Ministry of Finance Ms. Savić Marija Sector for budget, Ministry of Finance Mr. Jevtić Dalibor Sector for budget, Ministry of Finance Ms. Rajčetić Marina Sector for budget, Ministry of Finance Mr. Carić Slavoljub Head of Department for International Law, Ministry of Foreign Affairs Mr. Delić Milan Serbia European Integration Office Ms. Radić Gordana Secretary, State Prosecutorial Council Mr. Bajramović Dragoljub Member, State Prosecutorial Council Ms. Panić Milena Head of Finance Department, State Prosecutorial Council Ms. Puzović Mirjana Chief of cabinet, Supreme Court of Cassation Ms. Lakić Milena High Judicial Council Ms. Kršikapa Majda Administrative Office, High Court Council Mr. Aleksić Zoran Court Manager, Belgrade Higher Court Ms. Šobot Tanja Acting President, 1st Basic Court, Belgrade Ms. Aleksić Svetlana First Deputy President, 1st Basic Court, Belgrade Mr. Šurjanac Slobodan Judge, Misdemeanor Court, Pančevo Ms. Petković Ivana Secretary, Misdemeanor Court, Pančevo Ms. Pavešković Renata Acting President, Basic Court, Velika Plana, Member of the Judges Association of Serbia Mr. Jovanović Radislav Basic Public Prosecutor, Vršac Mr. Ristić Djordje Acting President, Higher Court, Kragujevac Mr. Bošković Predrag Judge, Basic Court, Kragujevac Ms. Djordjević Dejana Acting President, Misdemeanor Court, Novi Sad Mr. Gajović Milan Association of judges of misdemeanor courts Ms. Nikolić Mirjana Association of judges of misdemeanor courts Ms. Damjanović Dubravka Acting President, Appellate Court, Kragujevac Mr. Svilkić Slobodan Deputy Prosecutor, Appellate Prosecutor Office, Kragujevac Ms. Inić Jašarević Branislava Deputy Prosecutor, Appellate Prosecutor Office, Novi Sad 5

6 Mr. Crevar Goran Acting President, Commercial Court, Novi Sad Mr. Nikolić Goran Acting President, Basic Court, Vršac International Community Ms. San Jose Yolanda Head of Operations I, European Union Delegation Ms. Vandeputte Bianca Program Manager, European Union Delegation Mr. Vetter Larry Chief of party, USAID JRGA Judicial Reform and Government Accountability Ms. Lukić Dragana Deputy chief of party, USAID JRGA Judicial Reform and Government Accountability Mr. Gjengsto Halvor Project Manager, IMG Ms. Noor Mina Embassy of the Kingdom of the Netherlands Ms. Perich Isabel Country Director, Swiss Cooperation Office Mr. Vasilev Petar National Program Officer, Swiss Cooperation Office Mr. Svenungsson Torgny Counselor, Country Manager, Development Cooperation Division, Embassy of Sweden Ms. Djukić Mirjana Program Officer, Development Cooperation Division, Embassy of Sweden Mr. Jørgensen Roger Counselor - Deputy Head of Mission, Royal Norwegian Embassy Mr. Bohnet Henri Head of the offices, Konrad-Adenauer-Stiftung, Serbia, Montenegro Office Mr. Šteblaj Rok Janez Secretary, Ministry of Justice, Slovenia Mr. Thunedborg Soren Deputy Head of Mission, Embassy of Denmark Other (Agencies, NGOs, Community Representatives) Mr. Marković Žarko Belgrade Centre for Human Rights Ms. Logar Svetlana Ipsos Strategic Marketing Ms. Baronijan Hana Ipsos Strategic Marketing Ms. Delić Ana Ipsos Strategic Marketing World Bank Team Mr. Verheijen Tony Country Manager Mr. Decker Klaus Senior Public Sector Specialist (TTL) Mr. Svirčev Srdjan Public Sector Specialist, Program Coordinator Ms. Vuković Tasić Hermina Program Assistant Mr. Dražilov Kornel Program Assistant Ms. Matić Marina Consultant 6

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68 ANNEX 3 MDTF-JSS Management Committee Meeting Minutes Date: Wednesday, March 26 Time: 14:00 17:00 hrs Venue: The World Bank Office, Belgrade The meeting was attended by: Ministry of Justice: Assistant Minister Mr. Čedomir Backović, Ms. Ljiljana Krejović (MDTF- JSS Project Implementation Unit) and Ms. Daliborka Grubić (MDTF-JSS Project Implementation Unit) Donors: Ms. Yolanda San Hose (EU Delegation), Ms. Bianca Vandeputte (EU Delegation), Mr. Søren Thunedborg (Royal Danish Embassy, Belgrade), Mr. Søren Soltort (Royal Danish Embassy), Mr. Torgny Svenungsson (SIDA), Ms. Marie Herzberg (SIDA), Ms. Mirjana Djukić (SIDA), Mr. Petar Vasilev (SDC), Mr. Halvor Gjengsto (Norway Embassy), Ms. Mina Noor (Embassy of the Kingdom of the Netherlands), Mr. Rok Steblaj (Ministry of Justice, Slovenia) World Bank: Mr. Tony Verheijen (Country Manager), Mr. Klaus Decker (Senior Public Sector Specialist and Task Team Leader), Mr. Srdjan Svirčev, (Public Sector Specialist and Coordinator for the MDTF-JSS) and Ms. Hermina Vuković Tasić (Program Assistant). Observers: Ms. Majda Krišikapa (Head of the Administrative Office of the High Judicial Council), Ms. Gordana Rodić (Secretary of the State Prosecutorial Council), Mr. Dragoljub Bajramović (Prosecutor, Member of the State Prosecutorial Council) and Mr. Milan Delić (Serbian European Integration Office) IPSOS: Ms. Svetlana Logar, Ms. Hana Baronijan, Ms. Ana Ilić The meeting was chaired by Mr. Klaus Decker, Senior Public Sector Specialist and Task Team Leader, the World Bank. The agenda for the meeting was: Welcome to observers to the MC meetings Update on RAFU Update on the MDTF activities and the Functional Review Presentation of the preliminary findings from the Multi-Stakeholder Perception Survey Any other business Any Other Business 68

69 MDTF-JSS Team - Welcoming remarks Mr. Tony Verheijen, Country Manager, welcomed the participants and opened the MC meeting. He highlighted the importance that the Bank and donors pay to the reform of the Serbian judiciary. Mr. Klaus Decker, TTL, welcomed the newcomers to the MC meetings, representatives of HJC, SPC and SEIO. Reform Accession Facilitation Unit status update Mr. Backović informed the donors about the valuable contribution that the RAFU consultants are providing to the MOJPA. He is particularly pleased with the assistance provided with the analysis of the Acquis and level of alignment of the Serbian legislation with EU standards covered by Chapters 23 and 24. He anticipates their stronger involvement with the alignment of the Action plan for Chapter 23 with the priorities outlined in the Action Plan of the National Judiciary Reform Strategy (NJRS). Mr. Backović confirmed that it is anticipated that most of the RAFU consultants will remain in the MOJPA after their contract expiring date with RAFU. Ms. San Jose reflected on the recruitment process for RAFU consultants and suggested that next time the deadline for applications should be longer. Ms. San Jose also highlighted the importance of regular updates on the activities of the RAFU and in that regard asked MOJPA to share with the World Bank and other members of the MC Committee quarterly progress reports prepared by each RAFU consultant. Ms. Noor thanked MOJPA for their flexibility in arranging interviews with candidates for RAFU positions and believes that the best candidates have been selected. Ms. Noor informed members of the MC Committee that she will be leaving the Netherlands embassy in Belgrade and that her replacement will start in May Update on other MOJPA activities Mr. Backović explained that in the upcoming period MOJPA focus will remain on the EU accession and preparation of the Action Plan for Chapter 23. Mr. Backović is aware of the three month delay in the implementation of the NJRS Action Plan which was caused by the adoption of the so called Judicial Network set of laws and by the election process. The new court network, introduced on January 1, 2014, is fully operational. There is an issue with the decision of the Constitutional Court rendering certain provisions of Law on Judicial Academy unconstitutional which will have to be addressed in the NJRS Action Plan and subsequent changes in the Law on the Judicial Academy. Free Legal Aid Law remains high on the MOJPA s agenda. Mr. Backović believes that the Law will be passed by the mid-2014 and the work on the by-laws should be completed by the end of the year so the implementation of this law could start in Mr. Backović thanked for the support provided by MDTF-JSS in the preparation of the draft law, especially for the 2 analytical reports prepared by the Bank team: Fiscal Impact Analysis of the FLA and Cross Country Analysis of FLA Delivery. 69

70 Update on the activities implemented under the Bank executed part of the MDTF 1. Functional Review Mr. Decker updated the Management Committee on the progress of activities under the Functional Review. The data collection for this analysis is largely completed and the focus is now on the actual analysis. The first set of the outputs under the Functional Review has been shared with the MOJPA, HJC and SPC and soon will be shared with members of the Management Committee. He explained that the team is currently in the process of preparing a presentation to the key stakeholders with preliminary findings for feedback. This presentation is scheduled to take place before April 20 th, Subsequent presentations to the donors, broader stakeholders and CSOs are also planned. Mr. Decker informed the group that the essay and photo Justice Competition, conducted under the Functional Review, will be closed on March 31. Mr. Decker invited donors sitting at the Management Committee to volunteer one member to the selection panel which will decide on the winner. Beside a donor representative, the selection panel will also comprise of the representatives from MOJPA, HJC and SPC. The award ceremony will take place in early May. 2. Support to the Free Legal Aid Law Mr. Decker informed the group that the Bank will continue to support the preparation of the Law on Free Legal Aid (FLA) through advice and technical assistance. It is envisioned that the funds allocated under the MDTF will be sufficient for support in preparation of the by-laws, creation of the training program for FLA providers and targeted outreach campaign. Past assistance was delivered through engagement of an international expert who participated in the work of the workgroup which was drafting law, engagement of a local consultant under the Reform Facilitation Unit, and preparation of the two analytical reports prepared to inform decision makers on the impact of choices and decisions which will have to be made for the design of Free Legal Assistance. Both analytical reports have been shared with MOJPA, MC members and members of the workgroup. 3. MDTF-JSS website Mr. Svirčev informed the group about the changes to the MDTF-JSS web site. After more than 3 years in service, the MDTF-JSS team decided to redesign the website and to introduce a new layout and easier navigation through the portal. A dedicated web portal was launched in 2010 to improve outreach and increase visibility of the MDTF-JSS program. The new portal can be reached at The website will be regularly updated with new content and donors, as well as representatives of the Serbian judiciary, are invited to share reports, document or event invitations which they would like to post on this website. 70

71 4. Improving Criminal Justice Statistics in Serbia Mr. Svirčev presented the new activity to be launched under the Bank executed component of the MDTF-JSS. Based on discussions with the MOJPA, the RPPO and the Ministry of Interior (MoI) it has been decided to revise the scope and focus of the MDTF-JSS funded Review of the Criminal Case Processes (RCCP). As a result the Bank team prepared a concept note to make an analysis of different criminal statistics models which exist in the Serbian judiciary and lawenforcement departments. The analysis will include the following: Analyze the current practice of data collection and analysis in the MoI (police), RPPO, courts and Department for Enforcement of Criminal Sanctions (prisons). Identify the common features of the analysis of criminal statistics which will rely on the information provided from all institutions. Provide a set of recommendations which will contribute to establishment of the single criminal statistics model. The draft concept note was shared with MC members prior to the meeting. The MC in-principle approves the proposed activity and it was agreed that they will send their input/comments by April Multi-Stakeholder Perception Survey Presentation of the key findings The IPSOS team together with the Bank team presented the key findings from the recently completed Multi-Stakeholder Perception Survey. The meeting was closed at hrs. 71