Examining the Experts : The Role of Expert Witnesses in Serbia, and How Reform Could Improve Efficiency and Quality of Justice

Objective fact-finding is the basis of any court process; expert witnesses play a key role when specialized facts need to be established and complex issues analyzed. The European Commission for Efficiency of Justice (CEPEJ) issued the Guidelines on the Role of Court-appointed Experts in Judicial proceedings of Council of Europe’s Member States (CEPEJ Guidelines). The CEPEJ Guidelines provide a set of good practices on expert witness work examining key topics such as: the subject matter of expert opinions, the persons acting as experts, the selection, duties and rights of experts, etc. Using the analytical framework provided in the CEPEJ Guidelines, this Report aims to identify if and how expert witnesses in Serbia cause contention and frustration of parties and courts. This report first outlines the existing legal framework governing the work of expert witnesses in Serbia and processes at trial that underpin this type of fact-finding. Then, the Report lists the key issues identified as relevant for Serbia. When using statistics, the Report tries to empirically confirm findings and pin-point the main reasons for existing issues. Finally, the report outlines recommendations on issues identified relying on the guidance provided in the CEPEJ Guidelines and in the Guide to Good Practices in Civil Judicial Expertise in the European Union (EGLE Guide).