Sudska vlast u Ustavu Srbije od 2006. – kritički pogled
Judicial power in the Serbian Constitution since 2006 - a critical view

Author(s): Marko Stanković
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research, Transformation Period (1990 - 2010), Present Times (2010 - today)
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; constitutional court; judiciary; evaluation; judges; election; division of authority; judicial power; Law on judicial power;
Summary/Abstract: Legal norms on the organization of judicial branch are very important segment of constitutional matter, since for the functioning of democracy is extremely important to be provided complete independence of the judiciary from so-called “political authorities” – legislative and executive branches. Independent position of judiciary can be provided only by the constitution itself, because provisions of the highest law are not subject of legislative and executive intervention, while the constitutional court has power to abolish any possible attempt to change the constitution by norms of less legal power. However, the writers of the Serbian Constitution of 2006 have taken a different stance on this issue, giving major responsibility regarding the arrangements for the substantive issues relating to the judiciary to the legislature, especially regarding the selection and dismissal of judges. Wide leeway left to the National Assembly may, unfortunately, lead to the politicization of the judiciary and threaten the position of the judiciary as an independent branch of government.

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