Kontrola odluke o izboru na sudijsku funkciju u postupku pred Ustavnim sudom

The paper explores the review of decisions on the election to judicial functions. The candidate may file an appeal on the decision on the election to the judicial function to the Constitutional Court within 15 days from the day of the publication of the decision in the Official Gazette of the Republic of Serbia, which excludes the right to submit a constitutional appeal. Appeal to the Constitutional Court suspends the enforcement of the decision, which means that the elected candidate cannot take office before the appeal is decided. The scope of the Constitutional Court review has been limited to proper execution of powers by the High Judicial Council, following procedure provided for in the Law on Judges and the quality of reasoning in decisions on the election to the judicial function. So far, all appeals submitted to the Constitutional Court have been dismissed as manifestly ill-founded.

Authors

Publication Details

Journal
Anali Pravnog fakulteta u Beogradu
Published
2024-09-28
DOI
https://doi.org/10.51204/anali_pfbu_24306a
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

Kontrola odluke o izboru na sudijsku funkciju u postupku pred Ustavnim sudom

Nikola Bodiroga
Anali Pravnog fakulteta u Beogradu
European Criminal Justice and Data Protection
article

Kontrola odluke o izboru na sudijsku funkciju u postupku pred Ustavnim sudom

Nikola Bodiroga
article en

Abstract

The paper explores the review of decisions on the election to judicial functions. The candidate may file an appeal on the decision on the election to the judicial function to the Constitutional Court within 15 days from the day of the publication of the decision in the Official Gazette of the Republic of Serbia, which excludes the right to submit a constitutional appeal. Appeal to the Constitutional Court suspends the enforcement of the decision, which means that the elected candidate cannot take office before the appeal is decided. The scope of the Constitutional Court review has been limited to proper execution of powers by the High Judicial Council, following procedure provided for in the Law on Judges and the quality of reasoning in decisions on the election to the judicial function. So far, all appeals submitted to the Constitutional Court have been dismissed as manifestly ill-founded.

Anali Pravnog fakulteta u BeograduVol. 72(3)
Openalex Percentile: Top 74%
European Criminal Justice and Data Protection
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