Judiciary in the Serbian Constitution of 2006 and a critical review of draft amendments
This article analyzes the position of judiciary in the Constitution of the Republic of Serbia. Legal norms on the organization of judiciary are one of the most important segments of constitutional matter, having in mind that for the functioning of democracy it is important to ensure complete indepen...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2018-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804114S.pdf |
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| author | Stanković Marko |
| author_facet | Stanković Marko |
| author_sort | Stanković Marko |
| collection | DOAJ |
| description | This article analyzes the position of judiciary in the Constitution of the Republic of Serbia. Legal norms on the organization of judiciary are one of the most important segments of constitutional matter, having in mind that for the functioning of democracy it is important to ensure complete independence of the judiciary from so-called 'political authorities' - legislative and executive. The independence of the judiciary can only be ensured by the constitution. However, the Serbian Constitution of 2006 has taken a different stand on this part of constitutional matter, giving the legislator a wide authority to regulate substantive issues relating to the judiciary (election and dismissal of judges), which largely subordinates judicial power to the legislative. First, the constitutional norms on judiciary will be analyzed in this paper. The Serbian Constitution contains five key issues related to the independence of judiciary. Further analysis will include proposed amendments to the Constitution. Ministry of Justice's Working Version of the Draft Amendments to the Constitution has not adequately solved any of five problems. Finally, useful conclusions about the position of the judiciary in the Republic of Serbia will be drawn. . |
| format | Article |
| id | doaj-art-909deaa095784433aae6a963d503fbfe |
| institution | DOAJ |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2018-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-909deaa095784433aae6a963d503fbfe2025-08-20T03:06:40ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932018-01-0166411412610.5937/AnaliPFB1804114S0003-25651804114SJudiciary in the Serbian Constitution of 2006 and a critical review of draft amendmentsStanković Marko0University of Belgrade, Faculty of Law, SerbiaThis article analyzes the position of judiciary in the Constitution of the Republic of Serbia. Legal norms on the organization of judiciary are one of the most important segments of constitutional matter, having in mind that for the functioning of democracy it is important to ensure complete independence of the judiciary from so-called 'political authorities' - legislative and executive. The independence of the judiciary can only be ensured by the constitution. However, the Serbian Constitution of 2006 has taken a different stand on this part of constitutional matter, giving the legislator a wide authority to regulate substantive issues relating to the judiciary (election and dismissal of judges), which largely subordinates judicial power to the legislative. First, the constitutional norms on judiciary will be analyzed in this paper. The Serbian Constitution contains five key issues related to the independence of judiciary. Further analysis will include proposed amendments to the Constitution. Ministry of Justice's Working Version of the Draft Amendments to the Constitution has not adequately solved any of five problems. Finally, useful conclusions about the position of the judiciary in the Republic of Serbia will be drawn. .https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804114S.pdfthe serbian constitution of 2006'ministry of justice's working version of the draft amendments to the constitution'separation of powersjudiciaryjudicial independence |
| spellingShingle | Stanković Marko Judiciary in the Serbian Constitution of 2006 and a critical review of draft amendments Anali Pravnog Fakulteta u Beogradu the serbian constitution of 2006 'ministry of justice's working version of the draft amendments to the constitution' separation of powers judiciary judicial independence |
| title | Judiciary in the Serbian Constitution of 2006 and a critical review of draft amendments |
| title_full | Judiciary in the Serbian Constitution of 2006 and a critical review of draft amendments |
| title_fullStr | Judiciary in the Serbian Constitution of 2006 and a critical review of draft amendments |
| title_full_unstemmed | Judiciary in the Serbian Constitution of 2006 and a critical review of draft amendments |
| title_short | Judiciary in the Serbian Constitution of 2006 and a critical review of draft amendments |
| title_sort | judiciary in the serbian constitution of 2006 and a critical review of draft amendments |
| topic | the serbian constitution of 2006 'ministry of justice's working version of the draft amendments to the constitution' separation of powers judiciary judicial independence |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804114S.pdf |
| work_keys_str_mv | AT stankovicmarko judiciaryintheserbianconstitutionof2006andacriticalreviewofdraftamendments |