Независност судства у Републици Србији – предлози за промену уставног оквира заизбор судија и престанак судијске функције
The Independence of the Judiciary in the Republic of Serbia - Proposals for Constitutional Framework Change Concering the Election of Judges and the Termination of Judicial Office

Summary/Abstract: 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.

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