Konfuzija u srpskom pravosuđu
Confusion in the Serbian Judiciary

Summary/Abstract: In this article the paths of judicial power in Serbia over the last two decades are enlightened. Following that, the author analyses the judicial reform efforts after October 2000 and enumerates reasons that explain the current confusion in the Serbian judiciary between 2009 and 2010. The author demonstrates that the general re-election of judges after 2009 was illegitimate, unconstitutional and contrary to the European standards. There are many indications of unauthorised political control over the re-election process, as well as the influence of the intelligence services on the re-election results. Special responsibility for the legitimate procedure and results lies with the High Judicial Council (a body which performed the re-election in a manner that is contrary adopted criteria), the Ministry of Justice (under whose auspices the rules on the first composition of the High Judicial Council were prescribed which are contrary to the European standards and recommendations concerning the composition of this body), the Constitutional Court of Serbia which, without organising a hearing rejected the initiative for the review of constitutionality of relevant acts) and the National Assembly which did not elect all the members of the High Judicial Council. The strong influence of the interest groups and tycoons, which control the key social processes and are not in favour of an independent judiciary, is behind this unlawful, secretive and undemocratic functioning of the High Judicial Council and the State Prosecutorial Council.

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