Termination of judge's function

A Judge’s function shall terminate according to the Constitution of the Republic of Serbia and the Law on Judges for the following reasons:

1. At a judge’s request
2. when a judge reaches the retirement years of service – at 65 years of age or 40 years of working social insurance. The number of years required for retirement in respect of a judge may not be extended (Article 52 and 53 of the Law on Judges).
3. When a judge is dismissed. A judge may be dismissed for the following reasons:

• when he/she is convicted of a criminal offence to an unconditional prison sentence of six months, or more or for a punishable offence making him/her unworthy of a judge’s function,
• when he/she performs the judge’s duty negligently and unprofessionally; A judge shall be deemed to negligently perform his/her duty if he/she delays a case, ignoring the prescribed statutory deadlines in proceedings or issuing decision, or otherwise acts contrary to the criteria prescribed by the Supreme Court of Serbia. A negligent performance of duty shall also be when a judge continues with the function, duties or the same or similar activities to those determined to be incompatible with his/her function. A judge shall be deemed to perform his/her function unprofessionally when he/she performs the function with a lack of success according to the standards prescribed by the Supreme Court of Serbia (Article 55 of the Law on Judges).
• and when he/she permanently loses the working capacity to perform the function.

 

The National Assembly shall decide on the termination of a judge’s function. The Grand Personnel Council shall determine whether a judge has reached the years of service for retirement and shall establish the reasons for removal from office in accordance with the Law on Judges and the Rules of Procedure of the Grand Personnel Council. In case of a judge’s request the Grand Personnel Council shall only communicate the request to the National Assembly.