High Judicial Council

The High Judicial Council is established according to the Law on High Judicial Council. This body „…proposes to the National Parliament presidents of courts, judges and public prosecutors, appoints lay judges and deputy public prosecutors and performs other duties prescribed by the law“.

(Article 1 of the Law on High Judicial Council)

Members of the High Judicial Council are appointed for a five year period and may be re-appointed.

The High Judicial Council sits and decides in core or expanded composition, depending on the issue being considered.

The core composition of the High Judicial Council consists of permanent and invited judge members. When the issue under deliberation relates to the judges, the core composition is not only of permanent members but also of invited judge members, and when it relates to the public prosecutors and deputy public prosecutors it is composed not only of permanent members but also of invited public prosecutor members. In accordance with this, the High Judicial Council shall be chaired by the president of the Supreme Court of Serbia or the Republic Public Prosecutor, depending on the agenda.

The expanded composition of the High Judicial Council shall comprise permanent and invited members, with the exception of the Minister in charge of judiciary and the Republic Public Prosecutor. In this composition the expanded High Judicial Council shall decide on:

• the increase of the base salary when so envisaged by the law;
• decide on objection to the decision on incompatibility;
• objection by the public prosecutor and deputy prosecutor on the decision on suspension from duty when it was not mandatory, and
• on the objection of the Republic Prosecutor on the decision suspending him or her from duty.

The session of the expanded High Judicial Council is chaired by the President of the Supreme Court of Serbia. The sessions of this body are closed to the public. The manner of working and decision- making of the High Judicial Council are regulated by the Rules of Procedure of the High Judicial Council.

In deciding on the proposal of the candidate the High Judicial Council takes into consideration his or her professionalism and dignity.

Until 1 January 2007 when the provisions from Article 21-27 of the Law on Organisation of Courts will enter into force on establishment of new courts and amended jurisdiction of the existing courts, the High Judicial Council shall evaluate professionalism and conscientious in performing judicial function according to the Criteria for evaluation of the minimum success in performing judicial function which are to be temporarily applied until the day of application of provisions of the Articles 21 to 27 of the Law on Organization of Courts.

While members to the High Judicial Council, a judge and public prosecutor may not be nominated for another court or public prosecutors office. A judge may not be transferred to another court while being in the High Judicial Council.

(Article 10 of the Law on High Judicial Council)