It
is a great honor for me to participate at Conference of
Chief of Justice of the World in Lucknow, India. I am coming
as a Chief of Justice of the Supreme Court of the Serbia,
Federal Republic of Yugoslavia, a country which currently
is facing constitutional and reform challenges.
In Yugoslavia, the years of isolation and
political turmoil have adversely affected the operations
of key institutions of government. Democratic governance
institutions providing for effective rule of law and the
respect for human rights, judicial independence and effectiveness,
operational checks and balances and oversight mechanisms,
have been crippled by a corrupt and incompetent regime.
The judiciary has been particularly perturbed. The imposition
of sanctions and harsh economic conditions led many individuals
to take the law into their own hands. The state was complicit
in that it often failed to enforce laws or enforced them
arbitrarily or improperly. Corruption became a prevalent
feature of the system.
Government policies on Federal and Serbian
levels have dramatically changed after the overthrow of
the previous regime through democratic elections in October
and December 2000 respectively. The new leadership seeks
to establish a democratic decentralized state and a market
economy based on the rule of law and is devising policies
to that effect. Government has realized that a modern judiciary
is prerequisite to restore investor confidence, for which
Yugoslavia is in dire need to rebuild its economy.
However, progress on the reform agenda
is a necessary but not sufficient condition for recovery
and growth. The new leadership has inherited from the previous
regimes an apparatus, which lacks the capacity to implement
new policies. While this applies to all branches of government,
weaknesses in the judiciary involve an inadequate legal
framework, dysfunctional human resources management, an
inefficient court system and a lack of appropriate facilities.
Since a country and judiciary as such
being in a position of beneficiary of international support
I highly appreciate possibility, that before my distinguish
colleagues, of stressing importance of implementation of
international standards.
In conclude I would like to express my thanks and gratitude
to all participants in this conference to debate noble cause
intend to build world judiciary and increase respect towards
international law.
Finally I thank the organizers of the
conference and especially to Mr. Gandhi for their initiatives
in bring about this Conference.
Hon’ble Madam Justice Leposava
Karamarkovic
President of the Supreme Court of Serbia