ISSN 1452-6662
Over 180 up-to-date legal acts of the Republic of Serbia translated to English.
Group: POLITICAL SYSTEM
Issue: CONSTITUTION OF THE REPUBLIC OF SERBIA - FREE TRIAL
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
Section: PART FIVE ORGANISATION OF GOVERNMENT
High Judicial Council*

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  • Competence of the High Judicial Council*
     Article 150*

    The High Judicial Council shall be an independent public authority that ensures and guarantees the independence of courts, judges, presidents of the courts and jurors.

    The High Judicial Council shall elect judges and jurors and decide on termination of their terms of office, elect the President of the Supreme Court and presidents of other courts and decide on termination of their terms of office, decide on relocation and transfer of judges, determine the required number of judges and jurors, decide on other issues relating to the status of judges, presidents of courts and jurors and perform other competences laid down by the Constitution and the law.

  • Composition of the High Judicial Council*
     Article 151*

    The High Judicial Council shall have 11 members: six judges elected by judges, four prominent lawyers elected by the National Assembly and the President of the Supreme Court

    The election of the members of the High Judicial Council among judges shall be regulated by the law.

    When electing the judges to the High Judicial Council, account shall be taken of the broadest representation of judges

    The National Assembly shall elect the members of the High Judicial Council among the prominent lawyers having at least ten years of experience in the legal profession, among eight candidates proposed by the competent committee of the National Assembly, following a public competition, by a two-thirds vote of all the deputies, in accordance with the law

    In case that the National Assembly fails to elect all the four members within the time limit laid down by the law, the remaining members shall be elected, following the expiry of the legally determined time limit, among all the candidates fulfilling the conditions for election, by the commission comprising of the President of the National Assembly, President of the Constitutional Court, President of the Supreme Court, Supreme Public Prosecutor and the Protector of Citizens, by a majority vote

    Presidents of courts may not be electoral members of the High Judicial Council

    The member of the High Judicial Council elected by the National Assembly must be worthy of that function.

    The member of the High Judicial Council elected by the National Assembly may not be a member of a political party

    Other conditions for election and incompatibility with the function of a member of the High Judicial Council elected by the National Assembly shall be regulated by the law.

  • Term of Office of the Members of the High Judicial Council and President and Vice-President of the High Judicial Council*
     Article 152*

    A member of the High Judicial Council shall be elected for a period of five years

    The same person may not be re-elected to the High Judicial Council.

    The High Judicial Council shall have the President and the Vice-President. The President of the High Judicial Council shall be elected by the High Judicial Council among the members that are judges, and the Vice-President among the members elected by the National Assembly, for a period of five years. The President of the Supreme Court may not be elected President of the High Judicial Council.

    Prior to the expiry of the term for which he/she is elected, the term of office of a member of the High Judicial Council shall be terminated at his/her request or in case that he/she is convicted for a criminal offence to imprisonment of six months at least. The term of office of the member that is a judge shall also be terminated upon the termination of the term of office of the judge, and to the member that is not a judge - in case of his/her permanent disability for performance of the function of a member of the High Judicial Council.

    The decision on termination of the term of office of a member of the High Judicial Council shall be passed by the High Judicial Council. Appeals with the Constitutional Court shall be permitted against the decision, which shall exclude the right to constitutional appeal.

  • The designation for Section 8 and the title of Section 8 have been deleted (see Amendment XV
    115/2021-3)
    • Legal Remedies against Decisions of the High Judicial Council*
       Article 153*
      Appeals against the decisions of the High Judicial Council shall be permitted with the Constitutional Court, in the cases prescribed by the Constitution and the law. An appeal lodged with the Constitutional Court shall exclude the right to lodging of constitutional appeals.
  • Immunity of the Members of the High Judicial Council*
     Article 154*

    The members of the High Judicial Council cannot be held responsible for the opinions provided in relation to the performance of the function of a member of the High Judicial Council and the vote on the occasions of passing of the decisions of the High Judicial Council.

    The members of the High Judicial Council may not be deprived of liberty without the approval of the High Judicial Council in the proceedings initiated for the criminal offence that they have committed as members of the High Judicial Council.