April 14, 2020

Analysis on the quality of the reforms regarding appointment, appointment in higher courts and dismissal of judges

Scope and goal of the Analysis

The judges, as bearers of the judiciary, are guardians of the human rights andfreedoms, and they serve as the highest warrants for the protection of the rule of law. Theyare implementators of the judiciary, enforcers of the law and creators of the judicialpractices, and as such, are obliged to guard the determination of the State and the judiciaryto protect the democracy based on rule of law and promotion of the system for protectionof the human rights.

When it comes to performance of the judicial office, appropriate conditions must beprovided to guarantee actual independence of the courts as judiciary institutions, but alsoindividual independence, impartiality, quality, professionalism and efficiency of the judgeswhen deciding in the specific cases.

The Strategy for Reform of the Judicial Sector 2017-2022 has determined directionswhich aimed towards improvement of the judiciary system through overcoming the existingdeficiencies from normative and institutional nature of the juditiary and has anticipatedconduction of several measures which aimed towards strengthening the independence,impartiality, quaility and liability of the executioners of the judiciary. These measuresincluded interventions in the legal framework, rules of procedure as well as strengthening ofthe human and technical resources as well as the Јudicial council.