The Role and Importance of the High Judicial Council in the Republic of Serbia: Towards Democratisation in the Field of the Judiciary

Abstract

The author deals with constitutional changes in the judiciary in the Republic of Serbia. The Constitution of the Republic of Serbia was adopted in 2006, and for years there have been attempts of change towards democratisation. A special problem is the composition, and functioning of the High Judicial Council, as a body that should have exclusive competence in the election of judges. In the first part of the paper, the author explains the 2006 constitutional solutions, while in the second, he explains the first attempts to change the constitutional provisions to form new solutions aimed at depoliticising the judiciary, which never came into force. In the third part of the paper, the author points out the most important proposed constitutional changes from 2021, which the Venice Commission criticised, but which came into force. The author also points out the views of the Venice Commission and gives his suggestions.