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Ministry of Justice solution for admittance of assistants concerning

17. 11. 03

S T A T E M E N T

On the occasion of adoption of Rulebooks on the procedure for admittance of judicial and prosecutorial assistants

 

The Judges’ Association of Serbia is cautioning the public for the consequences that may arise from the solutions envisaged by the Rulebook on the procedure for admittance of judicial assistants and the Rulebook on the procedure for admittance of prosecutorial assistants (Official Gazette 92/2017), based on which,the mandate on admittance of assistants is being taken away from the courts and public prosecution offices and entrusted to the Judicial Academy.

In this manner, courts and public prosecution offices are being prevented from selecting the judicial staff, whose work they are responsible for, while the Judicial Academy is given a decisive role in the procedure of admittance of the assistants, i.e. the selection of judicial staff that would later on undertake important work, even including the scope of judicial and prosecutorial work.

By passing of said bylaws, the Ministry of Justice has, contrary to the legal requirements that a trainee is a person who graduates from law school and fulfils the basic criteria of working in public sector, established an additional condition for employment in the judiciary (passing an entrance exam organised by the Judicial Academy). Furthermore, by regulating the jurisdiction of the Director of the Judicial Academy to decide in the second and final instance on complaints regarding the entrance exam, the right to a legal remedy and the right to a fair trial before an independent and impartial tribunal established by law areviolated.

The Judges’ Association of Serbia shares reservations of the Association of judicial and public prosecutors of Serbia regarding the legality and constitutionality of such bylaws and shares the attitude that the said provisions violate independence of the judiciary and autonomy of public prosecution.

The Judges’ Association of Serbia calls upon the High Judicial Council to carefully consider this matter and to, in accordance with its constitutional jurisdiction to represent a guarantee of the independence not only of individual judges and courts, but of the judicial branch of power, plead for organization of the status of judicial staff to be entrusted to the High Judicial Council, which is one of the measures envisaged by the plans for implementation of the National Judicial Reform Strategy for the period 2013-2018 as well as in Chapter 23.