REFORM OF THE JUDICIAL SYSTEM IN THE FRY
REFORM OF THE JUDICIAL SYSTEM IN THE FRY

Author(s): Radmila Vasić
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Governance
Published by: CEDET Centar za demokratsku tranziciju
Keywords: Constitutional democracy; judicial reform; separation of power; independence and impartiality of the judiciary; protection of rights and liberties; institutional guarantees
Summary/Abstract: The character of the order of the Yugoslav Federation, which is colloquially defined as the Milošević regime, is marked by flagrantly erroneousness legal acts, even those of the highest order, namely the constitutions and the laws, both in formal and in material sense. The deepening of the crisis in the law was aggravated by the practice of its application by politicized organs and individuals,instructed to defend the regime and their own privileged positions, instead of defending constitutionality and legality. The judicial organs, whose standard role ought to be the defence of individual and collective rights against autocratic self-will, also joined the dangerous game of destroying the very foundations of law. The legal consciousness of citizens, which developed under such conditions, is characterized by a great ignorance of legal opportunities and rights, and an even greater distrust of the system’s institutions that are in charge of protecting rights. With the beginning of society’s democratic transformation, the newly installed authorities have been confronted with difficult and grave decisions over, and explication of, the strategy and pace of reforms. The recovery of the judiciary is among the prioritized goals of reform, and the first measure in that direction was the enactment of decent laws on the judiciary. The new judicial legislation in both republics primarily aims at achieving a consistent conceptualization of the principle of separation of power, according to which the courts and the judges would be given solid guarantees of their independent decision-making, while citizens will be faced with enjoying their right to an independent and impartial judge. In this reform venture, it seems that the nonns governing the appointment, promotion and dismissal of judges (and presidents of the courts) are of utmost importance; a key role in this procedure is played by bodies that are predominately made up of judges, i.e. of representatives of the profession, which should ensure that the status of the judges be decided according to professional criteria, and not the preferences of the autocratic elite, materialized in a system of the improper bartering of services and goods. As part of the debate on pending constitutional changes in the new union of Serbia and Montenegro and its constituent parts, initial moves towards judicial reform ought to be coupled with an improvement of the overall financial situation of the judges and the courts, professional training of judicial staff, particularly in accordance with European Law standards, as well as the increasing of citizens’ legal consciousness and developing a sense of self-respect among the proponents of this division of state authority, which is the pillar of the civilization axiom of the indisputable nature of fundamental human rights and liberties.

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