Doprinos Visokog saveta sudstva (ne)zavisnosti pravosuđa u Republici Srbiji
Contribution of the High Judicial Council to Independence of Judiciary in the Republic of Serbia

Author(s): Đorđe Marković
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; judiciary; reform; independence; High Judicial Council; contribution; Republic of Serbia;
Summary/Abstract: An independent judiciary is one of the most important pillars of the constitutional structure in any modern state. To achieve this independence it is crucial to find a suitable mechanism for the appointment of judges in order to reduce the influence of the executive branch of the government to the minimum. Comparative point of view shows that a common and magical solution do not exist. Several models have proved as very good, and one of them leaves the choice of appointment to the particular body or organ sui generis, which has different names in different countries . The Serbian Constitution of 2006 introduced a body called the High Judicial Council, which plays an important role in the selection of judges. Judicial reform has been conducted in Serbia since 2008, during which a number of large omissions have been made. This will have a fatal consequence on the Serbian legal system in the upcoming years, if not decades. In addition to the Ministry of Justice, the key players in this legal confusion are the High Judicial Council and the Constitutional Court. We have tried to draw attention to the most serious mistakes that these two bodies have made in recent years, and to propose some solutions that could contribute to remedy the situation in the Serbian judiciary.

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