ISSN 1452-6662
Over 180 up-to-date legal acts of the Republic of Serbia translated to English.
Published in the Službeni glasnik RS, Nos. 98/06 of 10 November 2006, 115/21 of 30 November 2021 - Amendments I-XXIX and 16/22 of 9 February 2022
7. Courts

Changes - Text contains changes

Full text is available to subscribers only

For Subscribers
  For New Users
  • Judiciary Principles*
     Article 142*

    Judiciary power shall belong to the courts which shall be independent.

    Judiciary power shall be unique on the territory of the Republic of Serbia.

    Court decisions shall be passed in the name of the people.

    A court decision may only be reconsidered by a legally authorized court in the proceedings prescribed by the law, as well as by the Constitutional Court in the proceedings upon a constitutional appeal.

    A passed sentence may be fully or partially forgiven without a court decision, by pardon or amnesty.

    Hearing before a court shall be public and may be restricted in accordance with the Constitution.

    It can be prescribed by the law that in addition to judges, jurors can also participate in a trial.

  • Organisation of Courts*
     Article 143*

    Establishing, dissolution, the types, jurisdiction, territories and seats of the courts, the composition of a court and the court proceedings shall be regulated by the law.

    The highest court in Serbia shall be the Supreme Court.

    Establishing of courts-martial, temporary or emergency courts shall be prohibited.

  • Independence of Judges*
     Article 144*

    A judge shall be independent and shall perform his/her duties in accordance with the Constitution, ratified international treaties, laws, generally accepted rules of international law and other general acts, passed in accordance with the law.

    Any inappropriate influencing of judges in performance of judicial function shall be prohibited.

  • Conditions for Election of Judges*
     Article 145*

    The conditions for election of judges and conditions for election and terms of office of jurors shall be regulated by the law.

  • Permanent Tenure of Office*
     Article 146*

    A judicial tenure shall be permanent.

    A judge shall hold his/her tenure from the election as a judge until the retirement.

    A judge's tenure of office shall cease prior to retirement: at personal request, in case of permanent disability for performance of judicial function, in case of termination of the citizenship of the Republic of Serbia or in case of dismissal.

    A judge shall be dismissed if he/she is convicted of a criminal offence with at least six months of imprisonment or if it is determined in a disciplinary procedure that he/she has committed a grave disciplinary offence that is, according to the assessment of the High Judicial Council, seriously damaging the reputation of judicial tenure of office or public trust in courts.

    The decision on termination of judicial tenure of office shall be passed by the High Judicial Council.

    A judge shall have the right to appeal against the decision of the High Judicial Council on termination of the tenure of office with the Constitutional Court, which shall exclude the right to constitutional appeal.

  • Non-transferability of Judges*
     Article 147*

    A judge shall have the right to perform his/her judicial function in the court to which he/she has been elected, and may be relocated or transferred to another court on his/her consent only, except in the case envisaged by the Constitution.

    In case of revocation of a court, the judge shall be transferred to the court that is undertaking the jurisdiction of the revoked court

    In case of revocation of the substantial part of the jurisdiction of a court, a judge may be exceptionally relocated or transferred to another court of the same degree that has undertaken the substantial part of jurisdiction, without his/her consent.

    The judge that has been relocated or transferred to another court shall have the right to keep the salary that he/she has had with the court from which he/she has been relocated or transferred, in case that it is more advantageous for him/her.

    A predominant part of jurisdiction of a court shall be revoked if, due to a change of jurisdiction of the court as to the substance of the matter, establishing of a new court or another legally envisaged case, the required number of judges with the court has been reduced

    A judge shall have the right to appeal to the Constitutional Court against the decision on relocation or transfer, which shall exclude the right to constitutional appeal.

  • Immunity and Incompatibility*
     Article 148*

    A judge may not be held responsible for his/her opinion expressed in relation to performance of judicial function or voting on the occasion of passing of a court decision, unless if he/she has committed a criminal offence of violation of the law by a judge or a public prosecutor.

    A judge may not be deprived of liberty in the legal proceedings initiated for a criminal offence committed while performing the judicial function without the approval of the High Judicial Council.

    The law shall regulate the functions, actions or the private interests which are incompatible with the judicial function and function of a juror.

    A judge shall be prohibited to engage in political actions.

  • President of Supreme Court and Presidents of Courts*
     Article 149*

    The President of the Supreme Court shall be elected by the High Judicial Council, upon acquiring the opinion of the general session of the Supreme Court, for a period of five years.

    The same person cannot be re-elected President of the Supreme Court.

    Presidents of other courts shall be elected by the High Judicial Council, for a period of five years.