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Constitutional and juridical provisions on the judges' and courts' work and position

Indipendence of judical power

Judicial power shall be independent from legislative and executive powers. Court decision may be re-examined only by the competent court in a procedure prescribed by the law. Everyone, especially the executive branch, shall obey and comply with a final court decision.
(Article 3 of the Law on Organization of Courts)

Judges' indipendence

A judge shall be independent in dispensing justice. He shall judge and pass judgment according to the Constitution, laws, other general acts and his conscience.
(Article 1 of the Law on Judges)

Mutual indipendence of judges from each other

A judge shall be free in holding his view of facts and law in all matters under his deliberation. He shall not be required to justify his understanding of fact and law to anyone, including other judges and the president of the court, except in justification of the judgment or when so particularly stipulated by the law.
(Article 19 of the Law on Judges)

Preserving from confidence in independence

A judge shall at all times preserve confidence in his independence. This Law shall stipulate services, jobs and activities that are incompatible with the duty of a judge.
(Article 3 of the Law on Judges)

Financial independence

A judge shall have the right to salary suitable to maintain his/her independence and sustain his family. The salary of a judge shall be determined by the law, pursuant to criteria stipulated in this Law.
(Article 4 of the Law on Judges)

Permanency and non-transferability

A judge shall perform his duties as a permanent function, in the court to which he has been elected. A judge may not be transferred or directed to another court against his will.
(Article 2 of the Law on Judges)

A judge shall have the right to perform his duties for the duration of judgeship in the court of appointment. He/she may be transferred from one to another court only with his/her consent. Consent shall be in written form and must precede the passing of decision on transfer or secondment.
(Article 16 of the Law on Judges)

Transfer

A judge may be transferred only to another court of same type and instance. Permanency of judgeship shall continue in the court to which he/she is transferred. The High Judicial Council shall pass the decision on transfer. (Article 17 of the Law on Judges)

Secondment to Another Court

A judge may be seconded only to another court of same type, same or immediately lower instance, for maximum one year. He/she shall be seconded to a court where deficiency, hindrance, suspension of judges or other reasons inhibit or slow the workload. The decision on secondment shall be made by the president of the Supreme Court of Serbia.
(Article 18 of the Law on Judges)

Judge's immunity

A judge shall not be accountable to any person for an opinion or vote rendered in performance of judicial duty. A judge may not be detained in custody without the consent of the National Assembly, during a procedure initiated for a criminal offence committed in performance of judicial duties.
(Article 5 of the Law on Judges)

Liability

The Republic of Serbia shall be liable for damages caused by a judge through unlawful or improper work. The Republic of Serbia may demand that the judge compensate the paid amount if the damage was caused wilfully or by gross negligence.
(Article 6 of the Law on Judges)

Right to association

Judges shall be entitled to associate for protection of their interests. They may undertake measures for protection and preservation of their independence and autonomy.
(Article 7 of the Law on Judges)

Right to advanced training

A judge shall be entitled to advanced training at the cost of Republic of Serbia. Types and manner of advanced training shall be prescribed by the Supreme Court of Serbia.
(Article 8 of the Law on Judges)

Incompatibility of judgeship with other functions, engagements and activities

A judge may not hold office in legislative or executive bodies, may not be a member of a political party, engage in any public or private compensated work, nor may he/she offer paid legal services or advice. Other functions, engagements or activities that are adverse to the dignity and independence of a judge or detrimental to the dignity of the court shall also be incompatible with judgeship. The Supreme Court of Serbia shall prescribe which activities shall be considered adverse to the dignity and independence of a judge and detrimental to the dignity of the court. A judge may engage in scientific or expert compensated activities without anybody’s consent.
(Article 27 of the Law on Judges)

Prohibition of influence on courts

Any use of public office, media and any public appearance that may influence the course and outcome of a court proceeding shall be prohibited. Any other form of influence on the court shall also be prohibited.
(Article 6 of the Law on Organization of Courts)

Appointment of a sitting judge

A sitting judge shall be appointed independently from parties involved and the circumstances of legal matter. Only the judicial power shall have the authority to assign cases to judges in accordance with the rules defined in advance.
(Article 5 of the Law on Organization of Courts)

Random choice allocation of cases

A judge shall be allocated cases according to an order independent of personalities of the parties and circumstances of the legal matter. The manner of allocation of cases shall be prescribed by the Court Rules of Procedure. (Article 21 of the Law on Judges)

Deviation

The order of allocated cases may be deviated from only if a judge is overworked or if he is legitimately hindered. A case may be taken away from a judge only in the event of his prolonged absence or protraction of proceedings. (Article 22 of the Law on Judges)