Status of courts and judges in the upcoming changes of the Constitution
In the introduction, the author presents the existing constitutional solutions of the judicial power in Serbia and their implementation in laws and bylaws. In the second part, the author criticizes particular norms and presents the proposals for removal of their controversy, gaps and inadequate post...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2017-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2017/0017-09331704190B.pdf |
| _version_ | 1823926566087819264 |
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| author | Beljanski Slobodan |
| author_facet | Beljanski Slobodan |
| author_sort | Beljanski Slobodan |
| collection | DOAJ |
| description | In the introduction, the author presents the existing constitutional solutions of the judicial power in Serbia and their implementation in laws and bylaws. In the second part, the author criticizes particular norms and presents the proposals for removal of their controversy, gaps and inadequate postulates. He proposes more precise determination of the principle of separation of powers, but also more clear and complete regulation of the provisions related to the authorities of the court in the investigation, publicity of proceedings, continuity and exclusivity of the position of judge and other factors that impact independence of court and prevention of political influence on the court. The author stands for the elimination of the time limitation for the first election for the judge, for the abandoning of the idea of legal academy as a precondition for election of judges and for the stronger protection of the legal practice as a constitutional category and one of the factors of justice. |
| first_indexed | 2024-12-16T20:26:09Z |
| format | Article |
| id | doaj.art-991aab8ebc6d48928af6140b1bb9c0f9 |
| institution | Directory Open Access Journal |
| issn | 0017-0933 2683-5967 |
| language | English |
| last_indexed | 2024-12-16T20:26:09Z |
| publishDate | 2017-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj.art-991aab8ebc6d48928af6140b1bb9c0f92022-12-21T22:17:38ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672017-01-01893-419020310.5937/gakv1704190B0017-09331704190BStatus of courts and judges in the upcoming changes of the ConstitutionBeljanski Slobodan0Novi Sad, SerbiaIn the introduction, the author presents the existing constitutional solutions of the judicial power in Serbia and their implementation in laws and bylaws. In the second part, the author criticizes particular norms and presents the proposals for removal of their controversy, gaps and inadequate postulates. He proposes more precise determination of the principle of separation of powers, but also more clear and complete regulation of the provisions related to the authorities of the court in the investigation, publicity of proceedings, continuity and exclusivity of the position of judge and other factors that impact independence of court and prevention of political influence on the court. The author stands for the elimination of the time limitation for the first election for the judge, for the abandoning of the idea of legal academy as a precondition for election of judges and for the stronger protection of the legal practice as a constitutional category and one of the factors of justice.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2017/0017-09331704190B.pdfconstitutioncourtjudgeindependencehuman rightslegal practice |
| spellingShingle | Beljanski Slobodan Status of courts and judges in the upcoming changes of the Constitution Glasnik Advokatske komore Vojvodine constitution court judge independence human rights legal practice |
| title | Status of courts and judges in the upcoming changes of the Constitution |
| title_full | Status of courts and judges in the upcoming changes of the Constitution |
| title_fullStr | Status of courts and judges in the upcoming changes of the Constitution |
| title_full_unstemmed | Status of courts and judges in the upcoming changes of the Constitution |
| title_short | Status of courts and judges in the upcoming changes of the Constitution |
| title_sort | status of courts and judges in the upcoming changes of the constitution |
| topic | constitution court judge independence human rights legal practice |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2017/0017-09331704190B.pdf |
| work_keys_str_mv | AT beljanskislobodan statusofcourtsandjudgesintheupcomingchangesoftheconstitution |