Expanded freedom of expression for judges includes participation in public debates concerning the judiciary and encourages them to speak in defense of judicial independence and democracy at both national and international levels. However, this freedom is accompanied by the duty of judges to remain aware of their responsibilities and role in society and to refrain from political activities that could compromise their independence and impartiality.
This proposal aims to provide general guidelines for judges and improve the quality and independence of the judiciary in the Republic of Serbia. It introduces specific amendments to the Code of Ethics for Judges, including the addition of Article 7, which would regulate judges’ freedom of expression with clear ethical obligations and limitations.
The proposal was submitted to the High Judicial Council on 9 October 2023.
A judge has the right to freedom of expression like any other citizen.
I. Judges may exercise freedom of expression by participating in public debates, especially on issues related to the judiciary.
II. Judges have a duty to speak in defense of judicial independence, the constitutional order, and the restoration of democracy, both nationally and internationally.
III. Judges have an ethical duty to explain the judicial system, its functioning, and its values to the public.
IV. Judges must be aware of their specific responsibilities in society and exercise restraint in expressing views in any situation where, in the eyes of a reasonable observer, their statements could undermine their independence or impartiality, the dignity of their office, or the authority of the judiciary.
V. They must particularly refrain from commenting on the substance of cases they handle, must preserve the confidentiality of proceedings, must not engage in public controversies, and must avoid any political activity that could compromise their independence, impartiality, or the reputation of the judiciary.
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