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Separation of Powers Program (SPP)


SEPARATION OF POWERS PROGRAM (SPP)

Project duration:  August 2008 – August 2013

Beneficiaries:
Ministry of Justice
High Court Council
Courts in Serbia
National Assembly

 



Background:

This  project is funded by the United States Agency for International Development  (USAID) through a five year contract with the East-West Management Institute, Inc. (EWMI).  EWMI is a not-for-profit organization based in New York with extensive experience in promoting judicial reform in the region, with past and current legal reform projects in Albania, Bosnia-Herzegovina, Bulgaria, and Romania. SPP’s work with the National Assembly is being implemented through a subcontract with the Center for International Development at the State University of New York at Albany (SUNY), which is a world leader in strengthening parliamentary institutions.


Main objectives:

The SPP is designed to support the Serbian National Judicial Reform Strategy of the Ministry of Justice, particularly the core strategy goals of Independence (an Independent Budget Authority) and Accountability (Effective Case Management).  This will help Serbia move closer to EU accession by strengthening the division of power and authority more equitably among Serbia’s three branches of government. The SPP will also support the efforts of the National Assembly of the Republic of Serbia to improve its capacity to exercise financial independence.


Main counterparts:

The Ministry of Justice, the High Court Council, courts in Serbia, and the National Assembly of the Republic of Serbia.


Description of activities:

  • The Law on the High Court Council passed in December 2008 created a new Council entity with responsibility over the judicial branch budget, but the Council has no previous experience or capacity in creating or managing budgets. The SPP will work with the High Court Council to establish a judicial branch budget office, to train the staff of that office, and to assist the Council to develop a needs-based budget for the judicial branch. The SPP will work with the courts to provide uniform needs-based budgeting requests.
  • The Ministry of Justice National Judicial Reform Strategy envisions an increasingly professional cadre of court administrators. The SPP will help to create a new or redefined court staff position of court administrator, and to assist with training new court administrators on effective court management. The SPP will also assist courts in reducing case backlogs and case delays.
  • The SPP will provide assistance and training to National Assembly staff in budgeting and financial management and in strategic planning.  The SPP will assist in improving the transparency of the Assembly. It will also provide expert advice, as requested, on specific pieces of legislation.



Results to be achieved under the project:

  • A more independent judicial budget process based on objective standards;
  • Increased capacity of the Serbian judiciary to allocate, acquire and manage its budgetary resources; 
  • More efficient administration of justice in Serbian courts, with a more highly qualified administrative manager; 
  • Better management of courts through the use of more professional administrative managers (and this will allow judges and court presidents to devote more time to deciding cases rather than managing personnel and resources); 
  • Increased capacity within the National Assembly to manage its own budget and resources and to improve its deliberative and oversight functions; and
  • More and better public access to information from the National Assembly of the Republic of Serbia.