HJC changed Commission and judge Rapporteur in the case of Dragana Boljevic

Public statements17.08.2011.

 The Judges Association of Serbia announces that in the case of Dragana Boljevic, president of the Judges Association, the High Judicial Council has changed the judge - Rapporteur and the HJC Commission who had previously been determined for the decision on legal remedy in the process of reappointment review in her case, contrary to Article 16 of the Rules of HJC.

Former judge rapporteur in the case Boljević was Sonja Vidanović from the second Commission of the Council, and now the case has been transferred to the Commission presided by Mira Ivic, and before the judge - rapporteur Blagoje Jaksic. Open hearing in the case Boljević is scheduled for 01/09/2011. at 10 a.m.

According to the sources of the Judges Association, this has been the only case of its kind, so far.

Appling the same Rules, HJC Commissions and each of their members have significantly different percentage of approved objections which means that the Judges' Association was right when it stated that the HJC Rules legitimize arbitrariness. Such conclusion is based on the analysis of 36 decisions by which the HJC adopted the objections of non-reappointed judges at its first session on 20th July 2011:
First HJC Commission: 10 adopted objections out of 31 cases solved in merits – 32, 3%
Chairman Mira Ivic: 2 adopted objections out of 13 in which she was rapporteur – 15, 4%
Member Branka Bancevic: 3 adopted objections out of 9 in which she was rapporteur – 33, 3%
Member Blagoje Jaksic 5 adopted objections out of 9 in which he was rapporteur - 55, 5%
Second commission: 26 adopted objections out of 49 cases solved in merits – 53, 1%
Chairman Milimir Lukic: 10 adopted objections out of 15 in which he was rapporteur – 66, 7%
Member Aleksandar Stoiljkovski: 8 adopted objections out of 24 in which he was rapporteur – 33, 3%
Member Sonja Vidanovic 8 adopted objections out of 10 in which she was rapporteur - 80, 0%

Judges' Association warns that, according to its information, the judges - members of the High Judicial Council are pressured to reject the objections of non-reappointed judges. In order to reduce such pressures and prevent the Judges Association calls:

- The Commissions of the HJC and its members – judges, that individual decisions which are to be brought immediately after the hearings and submitted to HJC in accordance with Article 25 of the Rules VSS, should be submitted to the judges whose case is decided upon, as well
- The High Judicial Council to hold the open sessions while considering Commissions’ decisions with proposals to adopt or refuse the objections of the judge (till the moment of deliberations and voting) and to hold its sessions at least once a week.

 

Dragana Boljevic has submitted Demand for Access to the Information to HJC, which you can view on the following link