Constitutional Issues of the Judicial Career in Western Balkan States (Serbia, Montenegro, Bosnia and Herzegovina, North Macedonia)

  • Slobodan P. Orlovi´ć Department of Public Law, Faculty of Law, University of Novi Sad
Keywords: judicial power, judicial career, Constitution, Serbia, Montenegro, Bosnia and Herzegovina, Macedonia

Abstract

In all four states analysed in this study, the judiciary and judicial career have been undergoing years-long legislative changes, with this ‘reform’, however, still pending finalisation. Another common feature is the effort to take judicial career decision-making away from political factors and entrust it to independent authorities wherein judges have the final word. It is considered the attainment of the principles of independence and autonomy of the judicial branch of power. However, the adoption of legal acts over the past decade was not sufficient to achieve entirely objective elections and decisions on the promotion of judges. The reality in these states reveals that there are strong and, in numerous cases, decisive informal (political and interest) influences on judicial career development decisions. The author's basic assumption is that for the full effect of the adopted regulations to occur, it will take more time for the constitutional institutions to be strengthened, and the political awareness of citizens will increase.

Published
2021-05-14
Section
Articles