Независност судства у Републици Србији – предлози за промену уставног оквира заизбор судија и престанак судијске функције

• Published in: Srpska politička misao no. 3/Spec; pp. 201 - 227
• Main Author: Marković, Đorđe
• Format: Journal Article
• Language: Serbian
• Published: Институт за политичке студије 2017; Institute for Political Studies
• Subjects: Constitutional Law; The High Judicial Council; permanent tenure of judicial office; termination of judicial tenure; Judicial independence; the election of judges; The Judicial Academy
• ISSN: 0354-5989

The judicial independence is the corner stone of the modern state. It is considered to be one of the crucial institutional guaranties of the rule of law. In the past twenty five years Serbian judiciary has struggled with a lot of problems. The lack of independence in judiciary was one of the biggest. The author questions which changes can be done in the current Serbian constitution to increase extent of independence. Firstly, all of judges should be appointed permanently until retirement. Secondly, the High Judicial Council should be totally reconstructed in way to become fully independent and competent body, with a strong jurisdiction. Thirdly, the Judicial Academy should not be a constitutional category. The importance of the Academy is undeniable, nevertheless it have to stay only as one of the conditions for the election of judges. Finally, the reasons for the termination and dismissal of judicial office should be returned into the Constitution. Only with these necessary reforms, Serbia will become the state of rule of law.