Elvira Kovacs spoke about how the protection of human rights of the citizens would change if the referendum succeeds or if the constitutional reforms are non-confirmed, why an independent judiciary is important for the protection of human rights and how the outcome of the referendum would affect the protection of human rights.

The National Assembly Deputy Speaker said that the constitutional changes are part of the process of harmonising our legislation with the EU acquis communautaire, since the European Commission had pointed out that the current Constitution leaves too much room for the legislative and executive power to influence the election of judicial office holders, leading to an undesirable politicisation of the judiciary.

The adopted amendments to the Constitution lead to a European standard of justice, capable of responding to the basic civil right to a fair trial and the interests of the state ruled by law, Kovacs said, adding that the proposed changes to the Constitution turn the judiciary, from part of the bureaucratic apparatus, into a real judicial power. Also, by taking a direct vote in the referendum, the citizens exercise a fundamental political right, the right to civic participation, Kovacs said. She also stated that the introduction of guarantees of judicial independence and assurance of human rights affirms the principle of constitutional democracy, i.e. directly expresses the position that the regulation of relations in the community is guided by the principle of respect for equal rights and freedoms of each member.

In her speech, the National Assembly Deputy Speaker stated that without an independent and autonomous judiciary, there can be no talk of human and professional integrity of judges and prosecutors, or the rule of law.

Confirmation of the constitutional changes means that an independent judiciary would put human dignity in the centre by guaranteeing the inviolability of life, stressed Kovacs, adding that confirming the constitutional changes means rejecting the dilemma: is the rule of law better or is the rule of the people. Because there can be no rule of law without a worthy, professional and qualified judiciary, without an independent, autonomous, responsible, professional, judge and prosecutor with integrity. And there can be no rule of law or constitutional democracy without the protection of fundamental human and minority rights, stressed Kovacs.

Elvira Kovacs reminded the attending that the Declaration of the Rights of Man and of the Citizen, which in Article 1 proclaims that men are born and remain free and equal in rights, was adopted on 26 August 1789. Without this proclamation that that men are born and remain free and equal in rights, there would have been no great achievements - educational, philosophical or political, she said.

She said that in the last 300 years, generations of public figures have been trying to set and strengthen this normative framework of values on the principles of advocacy for the common good, just and fair society, protection and promotion of human and civil rights.

Elvira Kovacs went on to say that, at the Eighth Special Session of the 12th Legislature on 30 November 2021, the National Assembly passed the Decision to call a republic referendum to confirm the Act on the amendment of the Constitution of the Republic of Serbia.

The European Commission's 2021 Report notes that limited progress has been made in the judicial system of the Republic of Serbia and a certain level of preparedness, as well as that “the system for judicial appointments and for evaluating the work of judges and prosecutors needs to be thoroughly revised following the adoption of the constitutional amendments, to allow for merit-based judicial recruitments and careers since the current legal framework does not provide sufficient guarantees against potential political influence over the judiciary”, said the National Assembly Deputy Speaker.

To ensure the independence and accountability of the judiciary, the Action Plan for Chapter 23 stipulates that Serbia should make a thorough analysis of the existing solutions, i.e. possible amendments to the Constitution, bearing in mind the Venice Commission recommendations and European standards.