The New Judicial Professions and the Conditions for Taking the Bar Exam Cover Image

Нова правосудна занимања и услови за полагање правосудног испита
The New Judicial Professions and the Conditions for Taking the Bar Exam

Author(s): Dejan B. Đurđević
Subject(s): Law, Constitution, Jurisprudence, Higher Education , Sociology of Law
Published by: Институт за политичке студије
Keywords: analogy; public notary; public enforcement officer; bar examination; lacuna

Summary/Abstract: This paper is devoted to the practical application of the current and dated Serbian Bar Examination Act of 1997 (BEA) to the members of the newly introduced judicial professions, that is, to public notaries and public enforcement officers. The key requirement for taking the bar exam in Serbia is to have sufficient working experience in judici ary. The length of the demanded experience depends of the type of the judicial profession in which the experience was acquired. There is no mention of public notaries and public enforcement officers in the BEA, since these professions have been introduced in Serbia only recently. Therefore, the Ministry of Justice has established a practice of equating the working experience which was acquired in the offices of public no taries or public enforcement officers, with the experience of working in state bodies, bodies of territorial autonomy or local governments. The author offers a thorough analysis of the existing practical application of the BEA, and addresses a number theoretical problems concerning legal lacunae and the use of analogy in legal reasoning.

  • Issue Year: 2018
  • Issue No: 4
  • Page Range: 211-230
  • Page Count: 20
  • Language: Serbian