Proposals for Constitutional reform in the part relating to the judiciary: The review of the national strategy

• Main Author: Petrov Vladan
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2014-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Nišu
• Subjects: The Judicial reform; The High Judicial Council; The election of judges and dismissal of judges; The election of public prosecutors and the termination of their function; The Judicial Academy; The Decision of the Constitutional Court on the unconstitutiona
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468097P.pdf
• ISSN: 0350-8501; 2560-3116

The National Strategy for the Reform of the Judiciary (2013 - 2018) is adopted in the National Assembly in June 2013. It is said that 'some commitments of this Strategy demand the revision of the Constitution'. The author analizes the part of the Strategy relating to the change of so-called constitutional framework of the judiciary. Among defined goals, which should be realized by 2018, he considers particularly disputable the prediction of the Judical Academy as a mandatory condition for the first election of judges and prosecutors. Without denying the importance of the Judicial Academy and the necessity of its reform, the author believes that the Academy should not be a constitutional category, just as the conditions for the election of judges and prosecutors are not a constitutional matter. On the other hand, the author advocates a return of the basis for the termination of judicial and prosecutorial functions, as well as the reasons for their dismissal, into the Constitution which are currently in the law.