Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006the Copenhagen Document adopted in 1990 120 , which Serbia had acceptedby entering this organization 121 . The Copenhagen Document regulates thatthe Governments of the members of OSCE are obligated to: „provide thecandidates who get the necessary number of votes by the law to be orderlyintroduced in their duties and to be enabled to stay on duty until theirterm expires, or is brought to an end in another way stipulated by the law,according to democratic, parliamentary and constitutional procedures“ 122 .In the abovementioned report of the mission of OSCE from 2003 on theregulation by which terms of office are in the possession of the parties andnot the representatives, it is, among other things, stated: „Such a regulationis in discord with Paragraph 7.9 of the Copenhagen Document from1990, which Serbia and Montenegro have signed 123 “. In the same report,Recommendation number 3 in the part which deals with legal frames states:„Regulations which deal with the ownership of the terms of office of theelected representatives (Article 88 of the Parliamentary Election Law) needto be changed in order to reflect the decisions of the Constitutional Courtand be in accordance with the preferences and obligations of OSCE 124 “.The Constitutional Court of Serbia declared on 27th May 2003 that it isunconstitutional to tie representatives’ terms to political parties 125 . This time,neither the mission of OSCE in Belgrade 126 , nor Slobodan Vucetic, at thetime president of the Constitutional Court of Serbia 127 had any objectionsto the contents of the Constitution.Considering that the new Constitution stipulates the obligatory accordanceof international documents with constitutional regulations, it is obviousthat Serbia is facing not only elimination from the Council of Europe, butOSCE also.120 The Document from Copenhagen is available on the website:http://www.osce.org/documents/odihr/1990/06/1902_en.pdf, visited on November 23 rd , 2006121 On the occasion of the former SRY joining in OSCE on November 27 th , 2000, at the ministerial council inVienna, the President of SRJ Vojislav Kostunica also signed the document from Istanbul, the Charter for EuropeanSafety, see the announcement of OSCE on the website: http://www.osce.org/item/5584.html, visited onNovember 23 rd , 2006. In Item 25 of this Charter it is stated: „We confirm our obligation to conduct free and fairelections in accordance with the obligations of OSCE, and especially the Copenhagen Document from 1990.”The complete Charter can be found on the website: http://www.osce.org/documents/mcs/1999/11/17497_en.pdf, visited on November 23 rd , 2006122 Item 7.9 of the Copenhagen Document123 The Final Report of the OSCE Mission, see above under 119124 Ibid125 Decision of the Constitutional Court of Serbia from May 27 th , 2003, by which the regulations from Article88, Paragraphs 1 and 9 of the Law on the election of parliamentary representatives have been proclaimed unconstitutional126 On the attitude of OSCE, see the open letter of 20 non-governmental organizations on the website: http://www.b92.net/info/vesti/u_fokusu.php?id=122&start=60&nav_id=215784, visited on November 23 rd , 2006127 Slobodan Vucetic has stated his attitude on the Constitution in the text published in BLIC, on October 20 th, 2006, website: http://www.blic.co.yu/blic/arhiva/2006-10-20/strane/tema.htm#2, visited on November 23 rd, 200636
Implementation of Transitional Laws in Serbia 20063.2 CourtsPermanent Tenure of OfficeArticle 146A judge shall have a permanent tenure.Exceptionally, a person who is elected a judge for the first time shall be elected for theperiod of three years.Election of JudgesArticle 147On proposal of the High Judicial Council, the National Assembly shall elect as a judge theperson who is elected to the post of judge for the first time.Tenure of office of a judge who was elected to the post of judge shall last three years.In accordance with the Law, the High Judicial Council shall elect judges to the posts of permanentjudges, in that or other court.In addition, the High Judicial Council shall decide on election of judges who hold the post ofpermanent judges to other or higher court.3.3 The High Judicial CouncilStatus, Constitution and ElectionArticle 153The High Judicial Council is an independent and autonomous body which shall provide for andguarantee independence and autonomy of courts and judges.The High Judicial Council shall have eleven members.The High Judicial Council shall be constituted of the President of the Supreme Court ofCassation, the Minister responsible for justice and the President of the authorized committeeof the National Assembly as members ex officio and eight electoral members elected by theNational Assembly, in accordance with the Law.Electoral members shall include six judges holding the post of permanent judges, of which oneshall be from the territory of autonomous provinces, and two respected and prominent lawyerswho have at least 15 years of professional experience, of which one shall be a solicitor, and the37
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Implementation of Transitional Laws in Serbia 2006

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