Constitutional provisions

The rule of law is a fundamental prerequisite of the Constitution which rests on inalienable human rights. The rule of law is exercised through free and direct elections, constitutional guarantees of human and minority rights, separation of powers, independent judiciary and observance of the Constitution and the law. 

The courts are public authorities, independent and autonomous in their work. They adjudicate in accordance with the Constitution, laws and other general acts, as required by law, and on the basis of generally accepted rules of international law and ratified international treaties (the Constitution of the Republic of Serbia, "Official Gazette of the Republic of Serbia" No. 37/2006). 

The role and importance of the judicial power is to provide everyone with the right to judicial protection if some of his/her human or minority rights guaranteed by the Constitution are violated or denied, along with the right to the elimination of the consequences of said violation. 

Of all the state authorities, the Constitution provided the courts in particular with the responsibility to consider, when restricting human and minority rights, the substance of the restricted right, the importance of the purpose of the restriction, the nature and extent of the restriction, the relationship between the restriction and its purpose, and whether it is possible to achieve the purpose of the restriction with less restrictive means. 

The judicial power is uniform in the territory of the Republic of Serbia, belonging to the courts of general and special jurisdictions. The Constitution allows the laws to regulate the establishment, organization, jurisdiction, organization and composition of the courts, provided that they cannot establish temporary, martial or extraordinary courts. The Supreme Court of Cassation, with a seat in Belgrade, is the highest court in the Republic of Serbia. 

Judges are carriers of the judicial power. Their office is permanent, except when they are elected for the first time, when their term of office lasts three years. There is a difference in the Constitution in reference to the election of judges; namely, the person who is being elected to a judicial office for the first time is appointed by the National Assembly at the proposal of the High Judicial Council, while permanent judges in the same or another court are elected by the High Judicial Council. The decision on the termination of judicial office is taken by the High Judicial Council, for reasons provided by law. 

In the exercise of their judicial office judges is independent and subordinated only to the Constitution and the law. Any influence on a judge in the exercise of judicial office is prohibited. 

As a rule, judges perform their duty in the courts to which they were appointed and may be referred to another court, another state agency or institution only with their consent. 

In terms of immunity, the Constitution proclaims the principle that a judge cannot be held responsible for an opinion expressed or vote given in the course of taking a court decision, unless a judge has broken the law by perpetrating a criminal offense. A judge cannot be detained in proceedings initiated for a criminal offense committed in the exercise of judicial office without the approval of the High Judicial Council. 

Any political activities of judges are prohibited. The law regulates which other offices, activities or private interests are incompatible with a judicial function. 

The court decisions are taken on behalf of the people. They are based on the Constitution, law, ratified international treaties and regulations based on the law. Court decisions are binding for all and cannot be subject to extra-judicial control. A court decision can be reviewed only by a competent court, in a procedure prescribed by law. 

Legal provisions

The laws governing the judicial power and important concepts related to the operation of the courts are: the Law on Courts ("Official Gazette of RS" No. 116/2008, 104/2009, 101/2010, 31/2011, 78/2011, 101/2011 and 101/2013), the Law on Seats and Territories of Courts and Public Prosecutors Offices ("Official Gazette of RS" No. 101/2013) and the Law on Judges ("Official Gazette of RS" No. 116/2008, 58/2009 104/2009, 101/20 8/2012, 121/2012, 124/2012 and 101/2013). 

The judicial power is vested in the courts and is independent from the legislative and executive branches. 

The courts are independent and autonomous government bodies that protect the freedoms and rights of citizens, statutory rights and interests of legal entities and ensure constitutionality and legality. 

The courts adjudicate on the basis of the Constitution, laws and other general acts, as required by law, the generally accepted rules of international law and ratified international treaties. 

In order to uphold the authority and impartiality of the court, it is prohibited to use the public office and make public statements that may influence the course and outcome of legal proceedings. 

The courts are obligated to provide each other legal assistance and cooperation, while other state authorities and organizations are required to forward the necessary data to the courts. 

Court decisions are binding for all and cannot be subject to extra-judicial control. A court decision can be reviewed only by a competent court, in a procedure prescribed by law. All are obligated to comply with an enforceable court decision. 

Jurisdiction of the courts is determined by the Constitution and the law. The Law on Organization of Courts stipulates that a court cannot refuse to act and take decisions on matters that are under its jurisdiction. Jurisdiction of the courts of different types is also defined by the same Law, along with the establishment, organization, arrangement and composition of the courts. 

The network of courts is regulated by the Law on Seats and Territories of the Courts and Public Prosecutors Offices. Seats and territories of the courts that have jurisdiction over the territory of Kosovo and Metohija are governed by a separate Law. 

Judges are the carriers of judicial power. Their office is permanent, except when they are elected for the first time. As a rule, judges perform their duty in the courts to which they were appointed and may be referred to another court, another state agency or another institution only with their consent. The Law on Judges regulates the status of judges, the relationship between the judicial function and other offices, jobs and activities, and the appointment and dismissal of judges.