Sloboda sudijskog udruživanja u Republici Srbiji
Freedom of association of judges in the Republic of Serbia

Author(s): Radomir Zekavica
Subject(s): Public Law, Government/Political systems, Sociology of Law, Court case
Published by: Fondacija Centar za javno pravo
Keywords: Republic of Serbia; association of judges; freedom;
Summary/Abstract: A modern democratic society is inconceivable without freedom of association. Its realization enables a pluralistic society in which the goals and interests of individuals can be successfully achieved through the form of different types of associations. Judges' associations are a type of professional associations whose main purpose is to protect the interests of judges and preserve judicial independence and autonomy in work, promotion of rights and profession, preservation of basic postulates of the rule of law and democratic society. Freedom of association of judges in the Republic of Serbia (RS) has been exercised since 1997, when the Association of Judges was established. From then until today, the realization of the freedom of association of judges has gone through many challenges in Serbia. Most of these challenges have been successfully overcome, and the Association of Judges remains the most important association of judges in Serbia. The right to free association of judges is not absolute. In Serbia, this right is limited by the Constitution by prohibiting judges from joining political parties. However, it is highly inadmissible to question the impartiality of a judge's work due to membership in other types of associations, especially those that have a clearly stated goal of promoting the basic principles of the rule of law. Therefore, the freedom of association of judges must be treated as the freedom of a judge to be a member and participate in the work of all associations that do not have a clearly profiled political goal, but goals that are basically humanistic and committed to achieving the principles and values of democratic society and rule of law.

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