Institucionalne garancije nezavisnog sudstva: Visoki savet sudstva
Institutional guarantees of independent judiciary: High Council of Justice

Author(s): Irena Pejić
Subject(s): Law, Constitution, Jurisprudence, Public Law, Electoral systems
Published by: Fondacija Centar za javno pravo
Keywords: Public law; judiciary; High Council of Justice; independent judiciary; Institutional guarantees; council members; election; permanent judges;
Summary/Abstract: The ultimate guarantee of the independent judiciary is a politically neutral procedure on the election or appointment of judges. This paper is aimed at drawing a parallel between the structure of the High Judicial Council and the institutional guarantees on the independent judiciary. As in many European countries, a relatively short operation and practice of the High Judicial Council in the Serbian national system confirms that this Council for the Judiciary has been established with an intention to institute the reform of the judiciary and provide strong guarantees for its independence. In accordance with the constitutional guarantees on the rule of law, the members of the High Judicial Council shall be fully independent from the legislative and the executive authorities and their selection shall be void of any influence of the other two branches of government, which would prevent or substantially reduce the political influence. The Council members shall be elected directly by permanent judges whereas the membership by position shall be kept to a minimum. It is also essential to specify the criteria on the passive electoral right of potential candidates for membership in the High Judicial Council. It would be an additional factor aimed at strengthening the functional capacity of this judicial body and promoting its professional reputation within the judicial branch of government.

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