ON THE CONSTITUTIONALITY OF THE GENERAL REAPPOINTMENT OF JUDGES Cover Image

О УСТАВНОСТИ ОПШТЕГ РЕИЗБОРА СУДИЈА
ON THE CONSTITUTIONALITY OF THE GENERAL REAPPOINTMENT OF JUDGES

Author(s): Tanasije Marinković
Subject(s): Constitutional Law
Published by: Правни факултет Универзитета у Београду
Keywords: Rule of law; Garanties of judicial independence; Permanent tenure of office; Principle of non-retroactivity;

Summary/Abstract: The Law on Judges, adopted on 22 December 2008, envisaged a general reappointment of judges in the Republic of Serbia, pursuant to the Constitutional Law on the Transitional Provisions of the Constitution, adopted on 10 November 2006. Insisting on the security of tenure of judges and on the prohibition of the retroactive effect of laws, but foremostly on the principle of legal continuity between the 1990 and 2006 Constitutions of the Republic of Serbia, the author points out the unconstitutionality of the respective provisions both of the Law on Judges and of the Constitutional Law on the Transitional Provisions of the Constitution.

  • Issue Year: 57/2009
  • Issue No: 1
  • Page Range: 283-291
  • Page Count: 9
  • Language: Serbian