CONSTITUTION OF THE REPUBLIC OF SERBIA

("The Official Gazette of the Republic of Serbia" No. 98/2006)

Provisions that regulate the courts and the High Court Council

7. Courts

Judiciary principles

Article 142

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

Courts shall be autonomous and independent in their work and they shall perform their duties in accordance with the Constitution, law and other general acts, when stipulated by the law, generally accepted rules of international law and ratified international treaties.

The hearing before the court shall be public and may be restricted only in accordance with the Constitution.

Judges and lay judges shall participate in a trial, in the manner stipulated by the law.

The law may also regulate that only judges may participate in a trial in particular courts and in particular cases.

The court shall decide on matters in panels, while the law may stipulate that a single judge may decide on particular matters.

Types of courts

Article 143

Judicial power in the Republic of Serbia shall belong to courts of general and special jurisdiction.

Establishing, organization, jurisdiction, system and structure of courts shall be regulated by the law.

Provisional courts, courts-martial or extraordinary courts may not be established.

The Supreme Court of Cassation shall be the highest level court in the Republic of Serbia.

The seat of the Supreme Court of Cassation shall be in Belgrade.

President of the Supreme Court of Cassation

Article 144

President of the Supreme Court of Cassation shall be elected by the National Assembly, upon the proposal of the High Court Council and following the opinion of the session of all the judges of the Supreme Court of Cassation and the competent committee of the National Assembly.

President of the Supreme Court of Cassation shall be elected for the period of five years and may not be reelected.

Term of office of the President of the Supreme Court of Cassation shall terminate before the expiry of the time for which he or she has been elected upon his/her personal request, under the terms stipulated by the Law pertaining to the termination of the term of office of the judge, or by dismissal for reasons stipulated in the Law pertaining to dismissal of the President of Court.

Decision on the termination of office of the President of the Supreme Court of Cassation shall be adopted by the National Assembly, in accordance with the law, while the decision on dismissal shall be adopted upon the proposal of the High Court Council.

Court decisions

Article 145

Court decisions shall be passed in the name of people.

Court decisions are based on the Constitution and the law, ratified international treaties and regulation passed on the basis of a Law.

Court decisions shall be obligatory for all and may not be a subject of extrajudicial control.

A court decision may only be reconsidered by an authorized court in a legal proceedings prescribed by the law.

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

Permanent tenure of office

Article 146

A judge shall have permanent tenure.

Exceptionally, a person who is elected a judge for the first time shall be elected for the period of three years.

Election of judges

Article 147

At the proposal of the High Court Council, the National Assembly shall elect as a judge the person who is elected to the post of judge for the first time.

Tenure of office of a judge who was elected to the post of judge shall last three years.

In accordance with the law, the High Court Council shall elect judges to the posts of permanent judges, in that or other court.

In addition, the High Court Council shall decide on election of judges who hold the post of permanent judges to other or higher court.

Termination of a judge's tenure of office

Article 148

A judge's tenure of office shall terminate at his/her own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the law, as well as if he/she is not elected to the position of a permanent judge. The High Court Council shall pass a decision on termination of a judge's tenure of office. A judge shall have the right to appeal with the Constitutional Court against this decision. The lodged appeal shall not include the right to file a Constitutional appeal.

The proceedings, grounds and reasons for termination of a judge's tenure of office, as well as the reasons for the relief of duty of a Court President shall be stipulated by the law.

Independence of judge

Article 149

In performing his/her judicial function, a judge shall be independent and responsible only to the Constitution and the law.

Any influence on a judge while performing his/her judicial function shall be prohibited.

Non-transferability of judge

Article 150

A judge shall have the right to perform his/her judicial duty in the court to which he/she was elected, and may be relocated or transferred to another court only with his/her own consent.

In case of revocation of the court or the substantial part of the jurisdiction of the court to which he/she was elected, a judge may exceptionally, without his/her consent, be permanently relocated or transferred to another court, in accordance with the law.

Immunity

Article 151

A judge may not be held responsible for his/her expressed opinion or voting in the process of passing a court decision, except in cases when he/she committed a criminal offense by violating the law.

A judge may not be detained or arrested in the legal proceedings instituted due to a criminal offense committed in performing their judicial function without the approval of the High Court Council.

Incompatibility of judiciary function

Article 152

A judge shall be prohibited from engaging in political actions.

Other functions, actions or private interests which are incompatible with the judicial function shall be stipulated by the law.

8. The High Court Council

Status, composition and election

Article 153

The High Court Council is an independent and autonomous body which shall provide for and guarantee independence and autonomy of courts and judges.

The High Court Council shall have eleven members.

The High Court Council shall consist of the President of the Supreme Court of Cassation, the Minister in charge of the judiciary and the President of the competent committee of the National Assembly as members ex officio and eight electoral members elected by the National Assembly, in accordance with the law.

Electoral members shall include six judges holding the post of permanent judges, of which one shall be from the territory of autonomous provinces, and two respected and prominent lawyers who have at least 15 years of professional experience, of which one shall be a practicing attorney, and the other a professor of the law faculty.

Court Presidents may not be electoral members of the High Court Council.

Tenure of office of the High Court Council’s members shall last five years, except for the members appointed ex officio.

A member of the High Court Council shall enjoy immunity as a judge.

Jurisdiction of the High Court Council

Article 154

The High Court Council shall appoint and relieve judges, in accordance with the Constitution and the law, propose to the National Assembly the election of judges in the first election to the post of judge, propose to the National Assembly the election of the President of the Supreme Court of Cassation as well as Court Presidents, in accordance with the Constitution and the law, participate in the proceedings of terminating the tenure of office of the President of the Supreme Court of Cassation and Court Presidents, in the manner stipulated by the Constitution and the law, and perform other duties specified by the law.

Legal remedy

Article 155

An appeal may be lodged with the Constitutional Court against a decision of the High Court Council, in cases stipulated by the law.