Ustav Republike Srbije i mišljenje Venecijanske komisije o sudstvu
The Constitution of the Republic of Serbia and the Opinion of the Venice Commission on Judiciary

Summary/Abstract: The main objection of the Venice Commission to the Constitution of Serbia is “the overall impression of an excessive influence of parliament on the judiciary”. The Commission proposes that High Judicial Council appointments should be a presidential prerogative. The author asks why independent judiciary is less endangered by the political influence of the head of state than that of the parliament. The president of Serbia is just a representative of a single political orientation and is often the leader of a party. The author also emphasizes the fact that the solution adopted in the Constitution involves the parliament in the procedure only for the first judiciary appointment, whereas other judiciary appointments involve the High Judiciary Council.

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