Šta traže srpski tužioci u sklopu promena Ustava Republike Srbije?
What do Serbian prosecutors require in accordance with the changes to the Constitution of the Republic of Serbia?

Author(s): Smilja Spasojević
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Serbia; constitution; prosecutors; State Prosecutorial Council; authority; jurisdiction;
Summary/Abstract: The proposal for changing the Constitution of the Republic of Serbia concerning the prosecution goes in three directions: change of the Constitution regarding the position of the National Assembly, change of the Constitution concerning the Public Prosecution and change of the Constitution concerning the State Prosecutorial Council. There are several dominant ideas that are common to all changes and based on those ideas, the concrete proposals are made. It is a complete release from the influence of the other two government branches - legislative and executive. Then, it is the full work autonomy, which implies a different arrangement in terms of establishing vertical responsibility. A special characteristic is that the prosecutorial council is given the opportunity to have independent autonomy in the choice of prosecutors and to extend the authority of this body in order to ensure independent functioning. There is also the tendency to extend competencies to protect constitutionality and legality, human rights and civil liberties. The most important decision of the proposed changes is the intention that the prosecution, together with the judiciary, forms a new type of authority, which would no longer be called judicial, but right-judicial authority.

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