Anatomija razaranja treće državne vlasti u Srbiji
Anatomy of Destructing the Third State Power in Serbia

Summary/Abstract: Firstly, the author examines how the ideas and formulas of judicial powers and their independence were adopted in Serbia, a country of delayed transition. As the key legal and judicial features of Milosevic's authoritarianism the author enumerates the following: authoritarianism and the arbitrary interpretation of law, the ideological feature of the legal order, the political role of the judiciary, the absence of a judicial reaction to war crimes and organised crime and fraudulent privatisation. The attempts at judicial reform after October 2000 (conception of democratic power and new legalism) were also analysed. The central focus of the article is the judiciary in contemporary Serbia, especially after the recent judicial reform. The role of the High Judicial Council, the State Prosecutor's Council, the Ministry of Justice, the Constitutional Court of Serbia in the general election of judges at the end of 2009 is also examined in detail. The author demonstrates how the election was organised illegitimately, unconstitutionally and against the European standards, according to suspicious criteria and the influence of politics. When the bridge to a Rechtsstaat is not built, when the opportunity to choose a new judicial core in a public and legitimate procedure is squandered, one is left with a group of executors of a fictitious state.

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