Serbia’s Constitution of 2006

Judicial Independence

Article 142. Judicial power shall be unique on the territory of the Republic of Serbia. Courts shall be separated 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 contracts. The hearing before the court shall be public and may be restricted only in accordance with the Constitution. Judges and jurors 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 within the Council, while the Law may stipulate that a single judge may decide on particular matters.

Judicial Council or Parallel Institution

Article 147. On proposal of the High Judicial 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 Judicial Council shall elect judges to the posts of permanent judges, in that or other court. In addition, the High Judicial Council shall decide on election of judges who hold the post of permanent judges to other or higher court.

Article 153. The High Judicial Council is an independent and autonomous body which shall provide for and guarantee independence and autonomy of courts and judges. The High Judicial Council shall have eleven members. The High Judicial Council shall be constituted of the President of the Supreme Court of Cassation, the Minister responsible for justice and the President of the authorized 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 solicitor, and the other a professor at the law faculty. Presidents of Court may not be electoral members of the High Judicial Council. Tenure of office of the High Judicial Council’s members shall last five years, except for the members appointed ex officio. A member of the High Judicial Council shall enjoy immunity as a judge.

Article 157. Establishment and organization Establishment, organization and jurisdiction of Public Prosecutor’s Office shall be specified by the Law. The Republic Public Prosecutor’s Office shall be the supreme Public Prosecutor’s Office in the Republic of Serbia.

Attorney General’s Office

Article 156. Status and jurisdiction Public Prosecutor’s Office shall be an independent state body which shall prosecute the perpetrators of criminal offenses and other punishable actions, and take measures in order to protect constitutionality and legality.