Zagadnienie upolitycznienia składu sędziowskiego na przykładzie znowelizowanych postanowień Konstytucji Republiki Serbii z 2006 roku oraz ustawy o Trybunale Konstytucyjnym. Wprowadzenie do problematyki
The issue of politicization of the judicial composition on the example of the amended provisions of the Constitution of the Republic of Serbia of 2006 and the Act on the Constitutional Court. Introduction to the issue

Summary/Abstract: The Constitutional Court, due to its key control function in the legal system, should gather in its composition a sui generis “legal aristocracy”. The Serbian experience to date proves that the procedure for electing judges inevitably leaves a certain amount of arbitrariness on the part of the legislative and executive authorities. In the opinion of the author, the procedure itself is highly politicized. The question therefore arises as to what extent it is possible to ensure through constitutional norms such a composition of the constitutional court that its members combine highly specialized legal knowledge with advantages not directly included in the provisions of law. Despite the existence of institutional guarantees that could ensure the depoliticization of the selection procedure, the standard of an “outstanding lawyer” should be clarified and made as objective as possible, together with the criterion of public interviews.

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