The Constitution of the Republic of Serbia proclaims that the judicial power in the Republic of Serbia is vested in the courts of general and special jurisdiction, prohibiting the founding of temporary, martial or extraordinary courts. The establishment, organization, jurisdiction, functioning and composition of the courts are regulated by law. 

The Law on Organization of Courts provides that the courts are established and abolished by law. The judicial power is uniform in the territory of the Republic of Serbia, resting in the hands of the courts of general and special jurisdiction. The courts of general jurisdiction are the basic, higher and appellate courts, and the Supreme Court of Cassation. Courts of special jurisdiction are the commercial courts, the Commercial Appellate Court, misdemeanor courts, the Misdemeanor Appellate Court and the Administrative Court.