Izbor pravosudnih funkcionera u Republici Srbiji: Pravni model izgradnje ili razgradnje sistema
Selection of Judicial Officials in the Republic of Serbia: Legal Model of Construction or Degradation of the system

Author(s): Siniša Trifunović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Electoral systems
Published by: Fondacija Centar za javno pravo
Keywords: selection of judges and prosecutors; constitutional change; judicial councils; judicial training;
Summary/Abstract: Selection of judicial officers (judges and prosecutors) is directly related to the issue of their independence or autonomy. For a decade and a half reformers of Serbia's legal system haven't found a suitable model of their selection. The reform has been facing the issue pertaining to the principle of separation of powers, making it coupled with many extralegal arguments and social circumstances. The system of regulations in this domain is unstable and suffers frequent changes, which indicates that the process of its formation is unfinished. This paper analyzes said regulations, monitors their development and gives a critical overview of current legal solutions. Future reform of the selection of judicial officers is related to the reform of the position and composition of judicial councils. In addition, the improvement of procedural and substantive regulation, must ensure transparency of the procedure and indisputable guarantees that neither political interference, nor cronyism, nepotism or corruption interfere in the selection process. Institutions making the selection decision must not abuse their independent position and their discretion in the process of selection that must be reduced to a reasonable degree. Only in such a way, will they secure the trust of citizens in the judiciary.

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