REFORMA PRAVOSUĐA U SRJ
JUDICIAL REFORM IN FRY

Author(s): Radmila Vasić
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Governance
Published by: CEDET Centar za demokratsku tranziciju
Keywords: constitutional democracy; judicial reform; separation of powers; independence and impartiality of the judiciary; protection of freedoms and rights; institutional guarantees
Summary/Abstract: The character of the order of the Yugoslav federation, which is colloquially referred to as the Milošević regime, is characterized by flagrant incorrectness of legal acts, including the highest ones - the constitution and laws, both in a formal and material sense. The practice of its application by politicized and instructed bodies and individuals to defend the regime and their own privileged position, rather than constitutionality and legality, contributed to the deepening of the legal crisis. In this dangerous game of destroying the very foundations of law, the judicial authorities were not left out either, whose standardized role would have to be the defense of individual and collective rights against the arbitrariness of those in power. The legal awareness of citizens, formed in this context, is characterized by a great ignorance of the associated legal possibilities and powers and an even greater distrust in the systemic institutions competent to take care of the protection of rights. With the beginning of the democratic transformation of society, the newly established authorities were faced with a difficult and serious choice and explanation of the strategy and pace of reforms. Among the priority reform goals was the improvement of the judiciary, and the first measure in this sense was the adoption of decent laws on the judiciary. The new judicial legislation in both republics is aimed primarily at a consistent conceptualization of the system of separation of powers, in which courts and judges are provided with reliable guarantees of independent decision-making, and citizens are given the prospect of exercising their right to a natural and impartial judge. In this reform effort, the norms that regulate the selection, promotion and dismissal of judges (and court presidents) seem to be the most important, in which procedure bodies predominantly composed of judges, i.e. representatives of the profession, play a key role, which should ensure that the status of judges is decided by professional criteria, and not by the favor of the ruling elite operationalized by a system of unworthy bartering of goods and services. Under a certain assumption of imminent constitutional changes in the new community of Serbia and Montenegro and its members, the initial steps in the area of ​​reforming the judiciary should be followed by the improvement of the overall material position of courts and judges, the professional development of employees in the judiciary, especially with regard to the standards of European law, as well as raising the level of legal awareness of citizens and building the self-esteem of the holders of this function of state power, on which the undisputed civilizational status of the inviolability of basic freedoms and rights mainly depends.

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