JAS Communication from Dec 30, 2011

Public statements30.12.2011.

 Having in mind the decision of National Assembly of Republic of Serbia from 29th December 2011, which is not in compliance with a final decision of the Anti-Corruption, which stated that the position in High Judicial Council member has been terminated for the Professor Dimitrijevic by the power of law, Judges ‘Association of Serbia issues the following

STATEMENT

With deciding to deny the acknowledgement of the termination of the function of the High Judicial Council member, the National Assembly had exceeded its legal authority and seriously undermined the legal system of Serbia.

The competent state authority - the Anti-corruption Agency has delivered in its decision the termination of the office of the member of High Judicial Council, Professor Predrag Dimitrijevic, and the National Assembly as a body that elects members of the Council was obliged only to acknowledge the termination of public function. However, the National Assembly decided, rather than rule of law, to apply the rule of powers to be.

Such action sent a message that is not n necessary to act in accordance with the legally binding decisions of public authorities, and that such decisions could be ignored at will. When the legislative body acts in this manner, any citizen could ask him/herself why he would obey the decisions of state bodies.

We call upon the National Assembly to reconsider its decision and to carry out their constitutional duties, and without delay, comply with the lawful decision of the Anti-Corruption Agency on the first extraordinary session.