Uloga Narodne skupštine Republike Srbije u izboru prvog sastava Visokog saveta sudstva
The Role of the Serbian National Assembly in the Election of the High Judicial Council's First Composition

Summary/Abstract: The High Judicial Council is established by the Serbian Constitution of 2006 and the High Judicial Council Act of 2008 as an independent and autonomous body that ensures the independence and autonomy of courts and judges. This judicial body should represent the balance between the judicial, legislative and executive powers, as well as curbing the influence of the legislative and executive powers. According to legislation in force all members of the first composition of the High Judicial Council are elected, either directly or indirectly by the legislative body, namely the National Assembly of Serbia, instead of being elected by the judicial power. Elective members of the Council, namely the law faculty professor and the representative of barristers as representatives of independent groups, are elected by the National Assembly. Six judges (elective members of the High Judicial Council) are not elected by fellow judges though democratic means as in compliance with international standards, but by the National Assembly. There is no independent judiciary without the independent election of judges who are members of the judicial council. Members by the virtue of their office, namely the president of the High Judicial Council, the president of the board in charge and the minister of justice are indirectly elected by the National Assembly. According to international standards the members by the virtue of their office should not be actively engaged in politics since their participation may lead to politicisation of the courts and raise doubts in the impartial and autonomous work of judges.

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