Freedom of Speech of Judges – Proposal for Amendments to the Code of Ethics
The Judges’ Forum of Serbia considers the issue of judges’ freedom of expression to have become one of the most current and significant questions for the position of judges, the independence of the judiciary, and the preservation of public trust in the court system. For this reason, there is a strong belief that this matter must be regulated in a systematic, institutional, and normatively clear manner.
Starting from this position, the Judges’ Forum of Serbia prepared in 2023 and submitted to the High Judicial Council a proposal for amendments to the Code of Ethics for Judges, with the aim of more clearly incorporating standards related to judges’ freedom of expression into the domestic ethical framework, in line with contemporary European standards.
Unfortunately, the previous composition of the High Judicial Council did not demonstrate sufficient understanding of the need to open and normatively regulate this issue. However, subsequent developments and circumstances have clearly shown that the Judges’ Forum of Serbia was justified in emphasizing the importance of this matter and the need to clearly define the position of judges in the area of freedom of expression.
The Judges’ Forum of Serbia believes that the Code of Ethics for Judges must clearly and unambiguously recognize judges’ right to freedom of expression, while fully respecting the principles of independence, impartiality, and the dignity of the judicial office. At the same time, it is necessary to acknowledge the legitimate right and duty of judges to speak publicly in defense of judicial independence, the constitutional order, the rule of law, and the fundamental values of the judicial system.
Building on its previous activities, the Judges’ Forum of Serbia continues to approach this issue from the perspective of the need for systemic and long-term solutions. For this reason, a renewed proposal for amendments to the Code of Ethics for Judges has been submitted to the new composition of the High Judicial Council, with the expectation that this initiative will be given serious consideration.
The Judges’ Forum of Serbia remains committed to an open and constructive dialogue with all judicial office holders and institutions, with the conviction that a clear and modern regulation of judges’ freedom of expression is important not only for protecting the position of judges, but also for strengthening an independent, accountable, and credible judiciary.
A judge has the right to freedom of expression, like any other citizen.
Application:
Judges may also exercise their freedom of expression by participating in public-interest debates, particularly on issues concerning the judiciary.
Judges have a duty to speak in defense of judicial independence, the constitutional order, and the restoration of democracy, both at the national and international level.
Judges have an ethical duty to explain the judicial system, the functioning of the judiciary, and its values to the public.
Judges should be aware of their specific responsibilities and duties in society and exercise restraint in expressing their views and opinions in any situation where, in the eyes of a reasonable observer, their statements could compromise their independence or impartiality, the dignity of their office, or the authority of the judiciary.
In particular, judges should refrain from commenting on the substance of cases they are handling and must preserve the confidentiality of proceedings. They must not engage in public controversies and must abstain from any political activity that could undermine their independence or impartiality, or damage the reputation of the judiciary.
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