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Serbia's Former PM Calls Venice Commission Draft "Fair and Balanced" Amid Constitutional Controversy

Ana Brnabić praises European legal body's preliminary assessment of proposed judicial reforms, signaling potential easing of tensions with EU institutions.

By David Okafor··3 min read

Ana Brnabić, Serbia's former prime minister and current National Assembly speaker, offered a surprisingly conciliatory assessment of the Venice Commission's preliminary opinion on proposed constitutional changes, describing the European legal advisory body's stance as "fair and balanced" in remarks delivered Monday.

The characterization represents a marked departure from the often tense exchanges between Serbian officials and European institutions over questions of judicial independence and democratic governance. Brnabić's comments, reported by Serbia's state news agency Tanjug, suggest Belgrade may be seeking to smooth relations with EU oversight mechanisms as the country navigates its long-stalled accession process.

The Venice Commission — formally known as the European Commission for Democracy through Law — serves as the Council of Europe's advisory body on constitutional matters. Its opinions, while not legally binding, carry substantial weight in European political circles and frequently influence EU enlargement negotiations.

Context of Constitutional Debate

The draft opinion addresses proposed amendments to Serbia's constitution, reforms that have sparked considerable debate both domestically and among international observers. While Brnabić did not elaborate on specific provisions the Commission evaluated, such reviews typically focus on separation of powers, judicial appointment procedures, and safeguards for democratic institutions.

Serbia has faced persistent criticism from European partners regarding the independence of its judiciary, with concerns centered on political influence over judicial appointments and the functioning of prosecutorial bodies. These issues have repeatedly surfaced in the European Commission's annual progress reports on Serbia's EU candidacy.

Brnabić's positive framing of the Venice Commission's preliminary assessment could signal that proposed reforms address at least some of these longstanding concerns — or that Serbian officials are attempting to claim validation even as substantive issues remain unresolved.

Political Calculations

The timing of Brnabić's statement is notable. As speaker of the National Assembly, she holds a position of considerable influence over the legislative process that would advance any constitutional amendments. Her public endorsement of the Venice Commission's approach may be intended to build political momentum for the reforms domestically while simultaneously demonstrating responsiveness to European standards.

Serbia's relationship with EU institutions has been marked by cycles of progress and backsliding, with democratic governance and rule of law consistently identified as areas requiring substantial improvement. The country opened EU accession negotiations in 2014 but has made limited progress on the most challenging chapters, particularly those related to judiciary and fundamental rights.

The Venice Commission's role in this process cannot be understated. Its assessments provide a technical, legally grounded evaluation that both Serbian authorities and EU officials can reference in political negotiations. A favorable opinion — or even one deemed "fair and balanced" — offers political cover for reforms that might otherwise face domestic resistance.

Unanswered Questions

Brnabić's brief statement, as reported, leaves critical questions unanswered. The content of the proposed constitutional amendments remains unclear from the available reporting, as does the specific nature of the Venice Commission's concerns or endorsements.

The distinction between a "draft opinion" and a final assessment is also significant. Draft opinions often undergo revision following feedback from the requesting government, meaning the Commission's ultimate stance could shift depending on how Serbian authorities respond to preliminary recommendations.

What seems clear is that Serbian officials view the current trajectory as politically advantageous — at least advantageous enough to publicly embrace rather than deflect or dismiss. Whether that calculation reflects genuine alignment with European democratic standards or merely strategic positioning remains to be seen.

The coming weeks will likely clarify whether Brnabić's optimism is warranted, as the Venice Commission moves toward finalizing its opinion and Serbian political actors respond to whatever recommendations or critiques it contains. For now, the former prime minister's characterization offers a rare moment of apparent convergence between Belgrade and European oversight bodies — a development worth watching, even if its substance remains frustratingly opaque.

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