Why am I against Lustration in the Judiciary as it is Proposed Cover Image

Zasto sam protiv, ovako predložene, lustracije sudija
Why am I against Lustration in the Judiciary as it is Proposed

Author(s): Nebojša Šarkić
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: lustration; judiciary; Rechtstaat; rule of law; separation of power; independent judiciary

Summary/Abstract: In this text, the author explains why he is against lustration as it is proposed in the Act on Responsibility for Violation of Human Rights in Serbia. Given that lustration is a religious ceremony for redemption, it is thoroughly inappropriate for the judicial office. In addition, lustration violates the principles of separation of power and independence of the judiciary, as well as other principles of the rule of law and Rechstaat. The author believes that the existing regulations do include efficient mechanisms for establishing responsibility within the judiciary. This is why it would be pernicious to undermine the fundamental principles of separation of power and judicial independence by introducing disputable legislative solutions.

  • Issue Year: 2003
  • Issue No: 2
  • Page Range: 41-44
  • Page Count: 4
  • Language: Serbian