О УВОЂЕЊУ ИНСТИТУЦИОНАЛНО ГАРАНТОВАНЕ СУДСКЕ НЕЗАВИСНОСТИ У СРПСКО ПРАВО
INTRODUCTION OF THE INSTITUTIONALLY GUARANTEED JUDICIAL INDEPENDENCE INTO SERBIAN LAW

Summary/Abstract: The paper deals with the issue of introducing institutional guarantees of judicial independence into Serbian law. The institutional guarantee of judicial independence implies the permanence, immovability and financial security of judicial positions. In Serbia, the importance of the principle of judicial independence had been recognized even before introducing institutional guarantees. Prior to envisaging statutory safeguards on this matter, the morality of judges was a guarantee of their judicial independence. However, as the judicial morality started declining in the mid-19th century due to financial deficiencies, the principle of judicial independence was first proclaimed as a constitutional category in the Regency Constitution (1869) but without institutional guarantees. As a result, young conservatives assessed this move of the constitution framers as “blank indolence”. The institutional guarantees were first introduced on the basis of the 1881 Law on Judges. Yet, although the Law on Judges emphasized the fundamental need to legally secure the principle of judicial independence, it gave rise to a debate about instruments for institutionally securing this principle. In this context, the paper focuses on the issue that generated divergent views among Members of Parliament at that time regarding the instruments for securing the core principle of the judiciary – the principle of judicial independence.

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