EC Requests Judges Reappointment Revision

News Articles29.05.2010.

"The meeting was held upon an initiative of Serbian authority after it had received letters from Viviane Reding and Stefan Fule in which they criticized the reappointment of the judges. That is why the Serbian party suggested a working group, made of the EU representatives, which shall monitor removal of shortcoming, to be formed. The first meeting was held on May 26 and lasted for four hours.
"It turned out that the problematic issue for Europe is the fact that out of 2,483 judges, only 1,530 of them have been reappointed, and it was done under, as they say, 'controversial conditions'. That is the reason why the European representatives insist on revision of the reappointment procedure as well as the make up and independence of judiciary bodies to be revised, continuity of function of a judge to be respected and the judges against whom criminal proceedings were completed or whose results are way below average not to be appointed.
"[The EC representatives] concluded that criteria for the reappointment of the judges were not reliable, not enough measurable as well as that an effective remedy for complaints at adequate body was not envisaged (because, as they said, the Constitutional Court is not the adequate body for that). They also questioned independence of the Constitutional Court because a third of its judges are appointed by the Supreme Court of Cassation. The Supreme Court of Cassation President is the President of the High Judiciary Council (VSS) at the same time, and the Constitutional Court makes decisions on the VSS' decisions. It was emphasized that the role of security services in collecting information was not explained in an acceptable manner.
"That is why the EC representatives requested annulment of the decision made on December 25, 2009 on termination of function of a judge. The rights of the appointed judges shall not be affected, but the procedure shall be repeated for the ones who were not appointed. In addition to this, the ones who were not appointed shall get health insurance as well as compensation worth 70% of wages until their status is resolved. In the revised procedure each candidate shall have an individual interview and precise point rating and criteria shall be established.
"It is interesting that a new High Judiciary Council and the state Council of Prosecutors shall be formed too, but the ones who are within the bodies, like the Minister of Justice or the Supreme Court of Cassation President, will be in these. Prior to the new reappointment the councils shall calculate the necessary number of judges.
"As we have learnt, the proceedings that have already been started by the judges at the Constitutional Court, should be finalized by June 30, or by September at the latest, whereas the new reappointment should be carried out in six months at the latest", Vecernje Novosti wrote.