Crisis of Serbia's judiciary
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(Updated March 8th 2011))
I-Resolution taken on Dec. 26th, 2009
1.
The Judges'
Association of Serbia reached the conclusions that in the procedure of
(re)election of judges, the High Judicial Council has made the mistakes as
follows:
- the High
Judicial Council has been constituted against the Constitution and Laws of
Republic of Serbia;
- the High
Judicial Council worked and rendered the decisions in improper way and manner
as well as against the legal procedure;
- the High
Judicial Council has entered secrecy in their work as well as decision making and
that way of work resulted not only with high level of doubt in public yet with general
doubt in existence of secret and not transparent criteria and political
influence in subject (re) election of judges;
- the High
Judicial Council denied and failed to request and obtain the opinions from the
sittings of all judges about the candidates i.e. current judges with permanent
judging function prior to issuing any decision;
- the High
Judicial Council disabled the judges to give their own opinion with regards to
the criteria used in the procedure of (re)election and based on which was
concluded that not (re)elected judges are not fulfilling the level of expertise,
capability and integrity needed;
- the High
Judicial Council has failed to denounce the decisions with strict and concrete
reasons why they were not (re) elected together with legal remedy note.
2.
The
Judges' Association of Serbia
- requests
from the President of Republic of Serbia to give an explanation with regards to
his statement that there were not political influence on the (re)election of
the judges;
- requests
from High Judicial Council to present and denounce the decision with strict and
concrete reasons and explanations to each not (re) elected judge together with legal
remedy note;
- requests
from the High Judicial Council to reconsider the decision about the minimum
number of judges needed or to publicly explain the reasons why the number of
judges is reduced for 25%.
3.
Judges'
Associations shall:
- consider
not reelected judges in the current (re)election procedure as its members as
long as the High Judicial Counsel renders decisions containing the reasons and
explanation to every single not (re)elected judge and as long as the appeal procedures
upon those decisions are final;
- provide
legal support to all not elected judges aiming to valid protection of their
rights with respect to the (re)election procedure;
- requests
from the High Judicial Counsel to disclose all data and information used
in making decisions and ranking all
candidates upon its expertise, capability and integrity, minutes from its
sittings and to reveal the sources of those data;
- inform
the Council of Europe, European Commission, Venetian Commission, UN Special Rapporteur
for independent status of justice in the member state as well as all relevant
international institutions, organizations and bodies;
- submit to
the National Assembly of Republic of Serbia the suggestion to temporarily
cancel and stop with issuing the decisions on election of new judges until all
the constitutional and legal rights of not (re)elected judges are fully
protected and decisions on their claims are rendered in order to allow possible
mistakes to be solved.
See the resolution in pdf
I-Article : Unworthy election for the worthy
II-Interview : Dragana Boljevic
III-General Report
IV-Resolution of the public prosecutors
V-History of the Judges' Association of Serbia
VI- Declaration of the CCJE (April 2010)
VII- Common statement (MEDEL and Judges for judges)
VIII-Letter to M. Barroso
IX- Answer from M. Barroso
X-Ankara statement (July, 4th 2010)
XI-Letter to the President of CEPEJ (Sept, 9th 2010)
XII-Letter (February 16th 2011)
XII-Elections HCJ 2011
