EUROPEAN COMMISSION FOR DEMOCRACY
THROUGH LAW
(VENICE COMMISSION)
DRAFT LAW
ON ORGANISATION OF
COURTS
OF SERBIA
Chapter One
PRINCIPLES
Judicial Power
Article 1
Judicial
power is vested with the courts.
Courts are
autonomous and independent state bodies protecting the freedoms and rights of
citizens, rights and interests of legal subjects stipulated by law and ensure
constitutionality and legality.
Courts
adjudicate on basis of the Constitution, laws and other general acts, generally
accepted rules of international law and ratified international agreements.
Establishing of Courts
Article 2
Courts are
established and abolished by law.
Temporary
courts, courts marshal or courts of not of record may not be established.
Separate
regulations shall govern conciliation councils, arbitration and other elected
courts.
Independence of the Judicial
Branch
Article 3
The
judicial branch is independent of the legislative and the executive.
Judicial decision are binding to all and may not be subject to
extra-judicial examination.
Judicial
decision may be reviewed only by the court of competent jurisdiction in due
process of law.
Everyone is
obliged, and particularly the executive, to comply with judicial decision.
Judicial Competence
Article 4
Judicial
competence is defined by the Constitution and law.
A court may
not refuse to act and adjudicate in matters under its competence.
Appointment of a Sitting Judge
Article 5
A
sitting judge shall be appointed independent of the parties involved and
circumstances of the legal matter.
Only
the judicial branch may allocate cases to judges, in accordance with
pre-determined rules.
Prohibition of
Influence on Courts
Article 6
Use of public office, public media
and any public appearance that may influence the course and outcome of judicial
proceedings is prohibited.
Any other form of influence on the
courts is also prohibited.
Publicity
Article 7
Hearings before the court are public
and may be restricted only by law.
Right to Complaint
Article 8
A party or other participant in
court proceedings have the right to complain against the work of the court when
considering that the proceedings are dilatory, irregular or that there is any
influence on its course and outcome.
Legal Assistance
Article 9
Courts are required to provide legal
assistance to each other, and other government authorities and organisations
shall provide legal assistance to courts and forward necessary data.
Courts may provide files and
documents necessary to conduct proceedings to government authorities only when
this does not impede judicial proceedings.
Symbols of State Authority
Article 10.
The
court shall have a seal bearing the name and seat of the court and the coat of
arms of the Republic
of Serbia.
The
name and seat of court, the seal and flag of the Republic
of Serbia
are displayed in visible place in the court building.
The
flag and seal of the Republic
of Serbia
are displayed also in the courtroom.
Chapter Two
EXTERNAL ORGANISATION OF COURTS
I. TYPES OF COURTS
Courts of the Republic of Serbia
Article 11
There
is a single judicial power on the territory of the Republic
of Serbia.
Judicial
power in the Republic
of Serbia belongs
to courts of general and special jurisdiction.
Courts
of general jurisdiction are municipal courts, district courts, Appellate Courts
and the Supreme Court of Cassation.
Courts
of special jurisdiction are commercial courts, the High
Commercial Court,
the High Magistrates Court and the Administrative
Court.
Supreme Court of
Cassation
Article 12
The
Supreme Court of Cassation is the highest court in the Republic
of Serbia.
The
seat of the
Supreme Court of Cassation is in Belgrade.
Other Republican Level
Courts
Article 13
The
High Commercial Court,
the High Magistrates Court and the Administrative
Court
are established for the territory of the Republic
of Serbia
with seats in Belgrade.
Appellate
Courts shall have seats in Belgrade, Novi
Sad, Nis
and Kragujevac.
The
Administrative Court
and the High Magistrates Court may have departments outside the seat in
accordance with law.
Municipal, District, Commercial and
Magistrates Courts
Article 14
A
municipal court is established for the territory of one or more municipalities
and a district court for the territory of several municipalities.
A
commercial court is established for the territory of several municipalities.
A
magistrates court is established for the territory of
one or more municipalities.
Establishing,
seats and territorial jurisdiction of municipal, district, commercial and
magistrates courts and departments of municipal and magistrates courts is
regulated by separate law.
Court of directly
higher instance
Article 15
The
Supreme Court of Cassation is the directly higher instance court to the
Appellate Court, the High
Commercial Court,
the High Magistrates Court and the Administrative
Court.
The
Appellate Court is the directly higher instance court to the district court and
the municipal court, the High
Commercial Court
is the directly higher instance court to the commercial court and the High
Magistrates Court is the directly higher instance court to the magistrates courts.
The
district court is the directly higher instance court to the municipal court
when so set forth under this Law, as well as for issues of internal court
organisation and application of the Law on Judges.
II. TERRITORIAL
JURISDICTION AND PERMANENCY OF COURT
1. Territorial
Jurisdiction of Court
Seat and territory of Court
Article 16
The seat of the court is in the
building wherein is the court.
The territory of a court is the area
whereupon it exercises jurisdiction.
Venue of Court Activities
Article 17
Court activities are undertaken in
the seat of the court and outside the seat – only when so set forth by law.
A municipal court may hold court
days outside its seat.
Court Days
Article 18
During court days a municipal court
adjudicates and extends legal aid to citizens.
Venue, date and time of holding
court days is set by the president of the Municipal
Court.
Court days are announced in the
place of their holding.
Departments outside the seat of municipal court
Article 19
A municipal and magistrates court
may have department outside their seat wherein they permanently adjudicate and
carry out other court activities.
A department outside the seat of a
municipal or magistrates court is established for the territory of one or more
municipalities under the court’s territorial jurisdiction.
2. Permanency of Court
When Court Activities are Undertaken
Article 20
Court activities are carried out
throughout the year, every working day, and actions that do not tolerate
postponement also during non-working days.
The Court Rules define what actions
are undertaken on non-working days.
Provisions of paragraphs 1 and 2 of
this Article appropriately apply to court and administrative staff.
Compliance with Working Hours
Article 21
Judges and court and administrative
staff are required to comply with working hours and rules of conduct in court.
A judge shall notify the court
president of the reasons preventing him to work within 24 hours of occurrence
of the reasons.
The court and administrative staff
shall notify their direct superior of the reasons preventing them to work
within 24 hours of occurrence of the reasons.
Chapter Three
JURISDICTION OF COURTS
1. Jurisdiction of Municipal Court
Article 22
A municipal court adjudicates in
first instance for criminal offences carrying as the main penalty a fine or
imprisonment up to ten years
unless some of these offences fall under the jurisdiction of
another court and shall decide on appeals to suspend a security measure or
legal effects of conviction for a criminal offence under its competence.
A municipal court adjudicates in
first instance in civil actions, unless some of these fall
under the jurisdiction of another court, and shall conduct enforcement
procedure and non-contentious procedures that are not under jurisdiction of
another court.
A municipal court adjudicates in
first instance for housing disputes; disputes on commencement, existence and
termination of employment; rights, obligations and responsibilities pursuant to
employment; compensation for the damage suffered by an employee during work or
related to work; disputes related to satisfying housing needs on basis of work.
A municipal court decides in first instance on ban to
disseminate newspapers and disseminating information through public media;
decides on applications for rehabilitation.
A municipal court extends legal aid
to citizens, provides international legal assistance and carries out other
tasks provided under law.
It may be provided by law that only
certain municipal courts from the territory of the same district court act in
particular legal matters.
2. Jurisdiction of District Court
Article 23
A district court shall in first
instance:
1. adjudicate
criminal offences carrying as the main penalty a term of imprisonment exceeding
ten years or higher penalty;
2. adjudicate criminal offences
against the Army of Serbia; disclosing of state secret; incitement to violent
change of constitutional order; provoking national, racial and religious
hatred, violation of territorial sovereignty; conspiracy for
anti-constitutional activity; organising and incitement to perform genocide and
war crimes; damaging the reputation of the Republic of Serbia; damaging the
reputation of a foreign state or international organisation; disclosing of
official secret; violation of law by a judge, public prosecutor and his deputy;
endangerment of air traffic safety; provoked murder; rape;
3. adjudicate
in juvenile criminal proceedings;
4. decide
on appeal to suspend security measure or legal effects of conviction for
criminal offences under its jurisdiction;
5. adjudicate in civil actions where
the value of the subject of the lawsuit allows review; paternity or maternity
lawsuits; copyright and other related rights, protection and use of inventions,
models, samples, hallmarks and designations of geographic origin unless under
jurisdiction of another court;
6. adjudicates
in lawsuits on strikes; collective agreements if the lawsuit is not resolved
through arbitration; mandatory social insurance unless under the competence of
another court; on registry records; appointment and dismissal of bodies of
legal entities unless under the jurisdiction of another court;
A district court conducts
proceedings for extradition of indicted and convicted persons, enforces
criminal sentence of a foreign court, decides on recognising and enforcement of
foreign court and arbitration decisions unless under the jurisdiction of
another court and performs other tasks set forth under law.
3. Jurisdiction of Appellate Court
Article 24
The Appellate Court decides on
appeal against decisions of municipal and district courts.
The Appellate Court decides on
conflict of jurisdiction between lower instance courts on its territory, on
transfer of jurisdiction of municipal and district courts when prevented or
unable to proceed in a legal matter and performs other tasks set forth by law.
4. Jurisdiction of Commercial Court
Article 25
A commercial court adjudicates in
first instance:
1. in lawsuits between domestic and
foreign commercial companies, enterprises, co-operatives and entrepreneurs and
associations thereof (economic entities), in lawsuits between economic entities
and other legal entities relating to conduct of business activities of economic
entities, even when one of the parties in above lawsuit is a natural person if
there is a substantive joinder of parties;
2. in lawsuits on copyright and
other related rights and protection and use of inventions, models, samples,
hallmarks and designation of geographic origin when such lawsuits occur between
entities referred under item 1 of this paragraph; in lawsuits relating to
enforcement and securing of decisions of commercial courts, and in lawsuits
relating to decisions of chosen courts only when passed in lawsuits referred in
item 1 of this Article;
3. in
lawsuits resulting from application of the Law on Companies or application of
other regulations on organisation and status of economic entities, as well as
in lawsuits on application of regulations on privatisation;
4. in
lawsuits relating to foreign investment; ships and aircraft, sailing at sea and
inland waters and lawsuits involving maritime and aeronautical law, except for
lawsuits relating to passenger transport; protection of company name;
registration in the court register; bankruptcy and liquidation.
A commercial court in first instance
conducts proceedings for recordation in the court register of legal entities
and other subjects unless this is under the competence of another body;
conducts bankruptcy and reorganisation proceedings; rules on and conducts
enforcement and securing of decisions of commercial courts, and decisions of
chosen courts only when issued in lawsuits specified in item 1), paragraph 1 of
this Article; orders and implements enforcement and securing on ships and
aircraft; conducts non-contentious procedures deriving from application of the
Law on Companies.
A commercial court in first instance
decides on economic offences and relative thereto on termination of security
measure or legal effect of conviction.
A commercial court performs also
other tasks set forth by law.
5. Jurisdiction of the High Commercial Court
Article 26
The High Commercial Court decides on appeal against decision
decisions of commercial courts and other bodies, in accordance with law.
The High Commercial Court decides on conflict of jurisdiction
and on transfer of jurisdiction of commercial courts, sets legal opinions aimed
at uniform application of law under the competence of commercial courts and
performs other tasks set forth by law.
6. Jurisdiction of Magistrates Court
Article 27
A magistrates
court in first instance adjudicates minor offences unless an administrative
body has competence and performs other tasks set forth by law.
7. Jurisdiction of the High Magistrates Court
Article 28
The High Magistrates Court decides
on appeal against the decisions of magistrates courts, on appeal against the
decisions of administrative bodies taken in proceedings for minor offences, on
conflict and transfer of jurisdiction ratione loci and performs other tasks set
forth by law.
8. Jurisdiction of the Administrative Court
Article 29
The Administrative Court adjudicates in administrative
actions.
The Administrative Court also performs other tasks set forth
by law.
The decision of the Administrative Court is final except in cases provided
by law.
9. Jurisdiction of the Supreme Court of Cassation
Trial Jurisdiction
Article 30
The Supreme Court of Cassation
decides on extraordinary legal remedies filed against decisions of courts of
the Republic of Serbia and in other matters set forth by
law.
The Supreme Court of Cassation
decides on conflict of jurisdiction between courts and on transfer of
jurisdiction of courts to facilitate proceedings or for other important
reasons.
Jurisdiction outside trial
Article 31
The Supreme Court of Cassation
determines general legal views in order to ensure uniform application of law by
courts; gives opinions on draft laws and other regulations governing issues of
relevance for the judicial branch, reviews application of law and other
regulations and the work of courts; appoints judges of the Constitutional
Court, gives opinion on the candidate for the president of the Supreme Court of
Cassation and exercises other competencies set forth by law.
Adjudication by Panel
Article 32
The
Supreme Court of Cassation adjudicates on legal remedies in panel.
Publishing of Decisions of the Supreme Court of Cassation
Article 33
Decisions of the Supreme Court of Cassation
relevant for case law and all general legal views shall be published in a
special collection.
Chapter Four
INTERNAL ORGANISATION OF COURTS
I. ANNUAL CALENDER OF TASKS
Article 34
Following opinions obtained from
judges the administrative-judicial panel sets the calendar in writing for the
coming year and announces it at the session of all judges by 1 December.
An objection on the annual calendar
of judges’ tasks may be filed within three days from the day of announcement at
the session of all judges.
The administrative-judicial panel of
the directly superior court decides on the objection of a judge, within eight
days from the day of filing of objection.
Objection of a judge to the Annual
Calendar of Tasks in the Supreme Court of Cassation is decided by the General
Session.
II. COURT DEPARTMENT AND SESSION OF ALL JUDGES
1. Court Department
Establishing and Management
Article 35
Court departments are established in
courts where a number of panels or judges sitting alone proceed in the same
field of law.
A court department is managed by the
president of the department who is appointed by the administrative-judicial
panel following opinion obtained from the department’s judges.
Purview
Article 36
The session of a court department
shall review the work of department, legal issues, potential for improving
operation and expertise of judges, judges’ assistants and judge’s trainees and
other issues relevant for the department.
Departments of the Appellate Court,
the High Commercial Court and the High Magistrates Court
review also issues relevant for the work of courts on their respective
territory.
Convening and Chairing the Session
Article 37
The president of the department or
the court president may convene the session of a department.
The court president may always take
part in the work and decision taking of the departmental session.
2. Case Law Department
Article 38
A court with a higher number of
judges shall have a Case Law Department, in accordance with Court Rules.
The Case Law Department follows and
studies case law and informs judges, judges’ assistants and judge’s trainees on interpretation of law by
courts.
The Case Law Department is managed
by a judge appointed by the administrative-judicial panel.
3. Special Departments in District Courts and the Appellate Court
Article 39
Juvenile justice and labour disputes
departments shall be established in district courts and the Appellate Court.
Departments for criminal offences
against the Army of Serbia, for organised crime criminal offences, for war
crimes and high-tech crime may be established in some district courts and the
Appellate Court, in accordance with law.
The Appellate Court shall have a
department for urgent procedure in cases where the law prescribes that
procedure on appeal is urgent.
4. Joint Session of Departments
Article 40
A joint session of departments shall
be convened when collaboration of at least two departments is required to
review a legal issue.
It is jointly convened by department
presidents or the court president and is chaired by the court president or the
president of the department in whose purview is the issue under deliberation.
5. Session of All Judges
Article 41
The session of all judges takes
under review the reports on the work of judges and the court, takes decision to
initiate proceedings for assessment of constitutionality of law and legality of
regulations and other general act, reviews application of regulations governing
the issues under the purview of courts, gives opinion on candidates for judges
and lay judges and decides on other issues if relevance for the whole court.
The session of all judges is chaired
by the court president and is convened as required and/or at the motion of a
court department or minimum one quarter of the number of all judges.
III. INTERNAL ORGANISATION OF THE SUPREME COURT OF CASSATION
1. Departments in the Supreme Court of Cassation
Article 42
The Supreme Court of cassation of Serbia may have departments in compliance
with Rules.
2. Session of Departments of the Supreme
Court
Article 43
The session of departments of the
Supreme Court of Cassation deliberates issues from the purview of court
departments.
The session of departments is
convened also due to incoherence between departments in application of
regulations or if one department diverges from legal opinion adopted by its
case law or legal opinion accepted by all departments.
A legal opinion adopted at the
session of department is binding for all panels comprising the department.
3. General Session of the Supreme Court of Cassation
Purview
Article 44
The general session of the Supreme
Court of Cassation adopts general legal views; gives opinions on draft laws and
other regulations governing issues of relevance for the judicial branch;
reviews application of laws and other regulations and the work of courts;
appoints judges of the Constitutional Court; gives opinion on the candidate for
president of the Supreme Court of Cassation; issues Rules on Organisation and
Operation of the Supreme Court of Cassation and performs other tasks set forth
by law and the Rules on Organisation and Operation of the Supreme Court of
Cassation.
The general session also reviews
other issues under the purview of the session of all judges.
Adoption of General Legal Views
Article 45
The general session is also convened
due to incoherence between panels from different departments or different
department in application of regulations, if one department diverges from
general legal view or when a legal view cannot be adopted by a departmental
session.
General legal view adopted at the
General Session is binding to all panels and departments of the Supreme Court
of Cassation and may be amended only by the General Session.
Composition and Decision Taking
Article 45
The General Session comprises the
president and judges of the Supreme Court of Cassation.
A quorum of the majority number of
all judges is required for legally valid decision taking at the General
Session.
Decision are
taken by majority vote of present judges of the Supreme Court of Cassation.
Convening and Chairing the Session
Article 47
The General Session is convened by
the court president, as required, and/or at the motion of court department or
minimum one quarter of all judges.
The General Session is chaired by
the president of the Supreme Court of Cassation.
4. Secretariat
Purview
Article 48
The Supreme Court of Cassation shall
have a Secretariat.
The Secretariat assists the court
president in court administration, carries out administrative tasks for the
administrative-judicial panel and the General Session and performs other tasks
allocated under its purview by the Rules on Organisation and Operation of the
Supreme Court of Cassation.
The Secretary
Article 49
The Secretariat is managed by the
Secretary of the Court who is appointed by the general Session at the proposal
of the court president.
The Secretary of the Supreme Court
of cassation may only be a person who meets the requirements for judge of the
Appellate Court.
5. Rules of Procedure of the Supreme Court of Cassation
Article 50
The Supreme Court of Cassation has
Rules of Procedure that more specifically prescribe internal organisation and
operation of the court.
The Rules on Organisation and
Operation of the Supreme Court of Cassation is published in the “Official
Gazette of the Republic of Serbia ”.
IV. COURT ADMINISTRATION
Tasks comprising court administration
Article 51
Court administration comprises tasks
supporting the exercising of judicial power, primarily: organising internal
operation of the court; summoning and assignment of lay judges; activities
related to court expert witnesses and court interpreters; review of complaints
and grievance; keeping statistics and drawing up reports; enforcement of
criminal and minor offences sanctions; financial and material business of the
court and certification of documents for use abroad.
Court administration is regulated in
more detail by the Court Rules.
Rights and
Obligation of President of Court
Article 52
The court president represents the
court, manages court administration and is responsible for proper and timely
court operation.
The court president is required to
demand legality, order and accuracy in the court, eliminate irregularities and
procrastination in work, ensures maintaining of independence of judges and the
dignity of the court and carries out other tasks set forth by law and Court
Rules.
In his absence or when prevented the
court president is replaced by the judge assigned by the annual calendar of
tasks.
V. ADMINISTRATIVE-JUDICIAL PANEL
Article 53
An administrative-judicial panel
shall be established in courts to carry out certain court administration tasks
defined under this Law.
The administrative-judicial panel
comprises five judges, four of whom are elected by secret ballot at the session
of all judges to a period of four years.
The court president is by virtue of
office also the president of the administrative-judicial panel.
In courts with under five judges the
tasks of the administrative-judicial panel are performed by all judges.
Delegating Court Administration to Others
Article 54
A court president may delegate
certain court administration tasks to the administrative-judicial panel,
presidents of departments or other judges.
A court president may not delegate
authority to decide on employment rights of judges, labour relations of court
staff and on suspension of a judge or lay judge from duty.
Authority of the president of a higher court
Article 55
The president of the higher court is
entitled to oversee court administration of a lower court, actions on
complaints and in case of non-feasance of the president of a lower court to
issue acts from his purview.
The president of a higher court may
request information from the lower court regarding application of regulations,
course of proceedings as well as all data on court operation.
The president of a higher court may
order direct inspection of work of a lower court, and shall prepare a written
report thereof.
Complaints Procedure
Article 56
When a party or other participant in
a proceeding files a complaint, the court president is required to take it
under consideration and notify the complainant on admissibility and the
measures undertaken within fifteen days from the receipt of the complaint.
If the complaint is filed through
the ministry with competence for the judiciary, a higher court or the High
Court Council, the minister, the president of the higher court or the High
Court are notified of admissibility and undertaken measures.
Court Secretary
Article 57
The Appellate Court, the High Commercial Court, the High Magistrates Court and the
Administrative Court shall have a Secretary of the
Court.
A court with more than twenty judges
may have a Secretary.
The Court Secretary assist the court president in court administration and is
autonomous in performing tasks delegated to him.
A Court Secretary is appointed by
the court president from the ranks of judges’ assistants.
Chapter Five
COURT STAFF
1. Categories and Number of Staff
Article 58
Court staff comprises judges'
assistants, judges' trainees and civil servants and appointed officials
employed on administrative, technical, accounting, IT and other ancillary jobs
of relevance for the judicial branch.
The number of court staff is
determined by the court president by the act on internal organisation and job
classification in the court.
Criteria for determination of the
number of court staff is set by the minister with competence for judicial
affairs.
2. Judge’s Assistant
Tasks of Judge’s Assistant
Article 59
A judge’s assistant assist the
judge, draws up draft judicial decisions, studies legal issues, case law and
legal literature, draws up drafts of legal opinions, prepares adopted legal
views for publication and autonomously or under supervision and direction of a
judge carries out tasks set forth by law and Court Rules.
Titles of Judge’s Assistants
Article 60
Judge’s assistants acquire the
following titles: judge’s assistant, senior judge’s assistant and court
advisor.
The title of judge’s assistant may
be acquired by a person with bar exam, and the title of senior judge’s
assistant by a person with minimum two years experience in the legal profession
following the bar exam.
The title of court advisor may be
acquired by a person meeting the requirements for district court judge.
Court Advisor
Article 61
A court advisor performs
professional tasks relevant for a court department or the whole court.
The post of court advisor shall
exist in Republican level courts.
2. Advisor to the Supreme Court of Cassation of Serbia
Article 62
The highest court shall have the
post of advisor to the Supreme Court of Cassation that is attained by decision
of the General Session of the Supreme Court of Cassation.
3. Performance Evaluation of Judge’s Assistant
Evaluation Periods
Article 63
Performance of a judge’s assistant is
evaluated once a year.
Performance of a judge’s assistant
who during a calendar year has worked under six month is not evaluated for that
year.
Evaluation Authority
Article 64
The court president evaluates the
performance of a judge’s assistant following the opinion obtained from the
session of the department wherein the judge’s assistant is assigned.
If a judge’s assistant is not
assigned to a department, the opinion is obtained from the judge or panel with
whom the judge’s assistant works.
Evaluation Grades
Article 65
Evaluation shall rate the scope and
quality of performance, diligence, initiative and published professional and
research papers.
Performance evaluation of judge’s
assistants is done on basis of publicised, objective and single criteria set by
the High Court Council.
Grades are: “fails to meet
requirements”, “satisfactory”, “good”, “exceeds requirements” and “constantly
exceeds requirements”.
A senior judge’s assistant whose
work is evaluated “constantly exceeds requirements” at least in two consecutive
years may acquire the title of court advisor even if not meeting the
requirements for district court judge.
Evaluation Grade Decision
Article 66
The court president issues the
decision on the evaluation grade of a judge’s assistant.
The judge’s assistant may file
objection to the evaluation grade decision with the High Court Council within
15 days from the day of receiving the evaluation grade decision.
4. Judge’s Trainee
Admission of a Judge’s Trainee
Article 67
A person with law degree and who
meets the requirements for employment in government service may be admitted as
a judge’s trainee.
A judge’s trainee is admitted to a
municipal, district, commercial and magistrates court.
Precedence is afforded to candidates
graduating from law school with high average grade.
Employment of a Judge’s Trainee
Article 68
A judge’s trainee is employed for a
three-year period.
A judge’s trainee who passes the bar
exam “with distinction” enters full time employment at the post of judge’s
associate.
Volunteer
Article 69
A person with law degree may be
accepted for training in the court without employment status (volunteer) in
order to fulfil requirements for sitting for the bar exam.
Training
Article 70
The training program for judge’s
trainee and judge’s assistants is defined by the High Court Council.
A judge’s intern and judge’s
assistant may be assigned for training over a certain period of time to another
court, government body or body of local self-government.
5. Other regulations on Court Staff
Article 71
Court staff is required to perform
their duties scrupulously and impartially and preserve the dignity of the
court.
Regulations governing employment
relations of civil servants and appointed officials shall apply to employment
and to rights, duties, professional training, evaluation and accountability of
court staff unless otherwise provided under this Law.
Chapter Six
JUDICIAL ADMINISTRATION
Tasks Comprising Judicial Administration
Article 72
Judicial administration ensures
enforcement of laws and other regulations related to court organisation and
operation.
Judicial administration is
discharged by the High Court Council, the ministry with competence for the
judiciary and the Commission for Implementing the National Judicial Reform
Strategy.
Judicial Administration tasks
discharged by the High Court Council are: determination of general guidelines
for internal court organisation, monitoring implementation of the National
Judicial Reform Strategy
in collaboration with the ministry with competence for the
judiciary; maintaining personal files
for judges, lay judges and court staff, allocation of the court budget, control
of authorised spending of budget funds and oversight of financial and material
operations of courts.
Judicial Administration tasks
discharged by the ministry with competence for the judiciary are: monitoring
the work of courts; issuing approval for court rules on internal organisation
and job classification; developing the judicial system; oversight of action in
cases within statutory timeframes and on complaints and grievances; ensuring
material, spatial and other requirements for operation of courts; oversight of
financial and material operations of courts; regulation and developing judicial
IT system; regulation, development and maintenance of the data base of legal
enactments; appointing and dismissal of court experts, interpreters and
public notaries; collating statistical and other data.
Judicial Administration tasks
discharged by the Commission for implementing the National Judicial Reform
Strategy are: monitoring the National Judicial Reform Strategy, implementing
National Judicial Reform Strategy, proposing amendments to the National
Judicial Reform Strategy.
Commission for implementing the National Judicial Reform Strategy
Article 73
The Commission for implementing the
National Judicial Reform Strategy comprises the representatives of the ministry
with competence for the judiciary, the Supreme Court of Cassation, the Judicial
and Administration Committee of the National Assembly, the Republic Public
Prosecution, Judges’ Association, Prosecutors’ Association, Bar Association,
judicial training institutions, the Law Faculty of the University of Belgrade
and the ministry with competence for finances.
The minister with competence for the
judiciary convenes and manages the work of the Commission under paragraph 1 of
this Article.
The Government appoints the
Commission for implementing the National Judicial Reform Strategy.
The minister with competence for the
judiciary issues the act on the work of the Commission.
Prohibition of
Influence on the Autonomy and Independence
of the Court and Judges
Article 74
Any act of judicial administration
that interferes with autonomy and independence of the court and judges is null
and void.
Nullity is determined by the General
Session of the Supreme Court of Cassation at the motion of the president of the
competent court.
Personal Record
Article 75
The High Court Council keeps a
personal record for every judge, lay judge and court employee.
Data for the personal record are
conveyed to the High Court Council by the court president who is also
responsible for their accuracy, and by the person to whom the data relates if
such person provides the data.
The data in the personal record are
classified and may be used only for the purpose of implementing of this Law and
laws governing the status of judges.
Content of the Personal Record
Article 76
The personal record of a judge shall
contain the first name and family name, father’s name, place and date of birth,
residence address, completed law faculty, achievement in studies, training
period, bar exam, professional career, date of fulfilment of years of service,
performance evaluations, assignment to another court, suspension from duty,
disciplinary measures, conducted criminal proceedings, termination of duty,
published professional and research papers, foreign languages, property status,
housing situation and other data.
The personal record of a lay judge
and court staff member shall contain the first name and family name, place and
date of birth, residence, education, title or occupation, performance
evaluation, career, foreign languages and other data.
The bodies in possession of data
that is entered in the personal record are required to submit it to the High
Court Council.
The content
of personal records specified in paragraphs 1 and 2 of this Article is
prescribed by the High Court Council.
Court Rules of Procedure
Article 77
The Court Rules of Procedure
prescribe court internal organisation and operation, particularly: organisation
and work of departments and other organisational units of the court; work of
the joint session of the departments and the session of all judges; informing
the public about the work of court; conducting proceedings and providing the
decisions in the languages of national monitories; extending legal aid and
holding court days; extending international legal assistance; keeping records,
summoning and assigning lay judges; determining the content of personal record for lay judges and court staff, and determining the
obligation of the president of court regarding the submission of data necessary
for keeping personal records; trainee periods; attitude of court staff to
parties; keeping court registries and other official books; document
management; action on complaints and grievances; keeping statistics and
drafting reports on work; collection of fines, costs of criminal proceedings
and seized criminal assets; procedure with court deposits; introducing joint
services in places with several courts and other judicial authorities; dress
code for judges, court staff, parties and other participants in the court
proceedings and all others who conduct their work in court, as well as other
court organisation and operation matters.
The Court Rules of Procedure are
passed by the minister with competence for the judiciary, with prior opinion
obtained from the president of the Supreme Court of Cassation.
Supervision over Implementation of the Court Rules of Procedure
Article 78
The ministry with competence for the
judiciary exercises oversight over implementation of the Court Rules of
Procedure.
Only a person meeting the
requirement for election to the court whose operation he oversees may act as supervisor.
Effects
of Supervision
Article 79
A record shall be made of conducted supervision and
forwarded to the president of the court wherein supervision was conducted, the
president of the directly higher court and the president of the Supreme Court
of Cassation.
The president of the directly higher
court is required to notify the president of the Supreme Court of Cassation and
the minister with competence for the judiciary of the measures undertaken to eliminated the noted deficiencies, timeframes for
eliminating the deficiencies, as well as of the reasons whereby deficiencies
and omissions have occurred.
The notification timeframe is
defined in the Court Rules.
Chapter Seven
COURT SECURITY
Court Guards
Article 80
Court Guards are an armed and
uniformed service that ensures security of persons and property, peace and
order and unhindered conducting of official activities in judicial premises.
Powers of the Court Guards
Article 81
A court guard is authorised to
determine the identity and reason for the presence of a person in the building
housing judicial bodies; to, when necessary, search the person and items and
prohibit entry to the building with weapons, dangerous implement, under the
influence of alcohol or other intoxicating substances; to remove from the
building any person disturbing peace and order, persons who are not
appropriately dressed in a manner safeguarding the dignity and reputation of
the court, as well as to protect persons and property in the court by other
actions.
A court guard is authorised to use
physical force and rubber baton, and firearms – only if otherwise unable to
protect human life or repulse an attack on the building of the judicial body.
Organisation of the Court Guards
Article 82
The minister with competence for the
judiciary prescribes the regulations of the court guards, uniforms of its
members, weapons and official ID.
Assistance to Court Guards and Security
Article 83
At request of the head of the
judicial organ, the internal affairs organ extends assistance to court guards.
The head of the judicial organ is
entitled to request from the Ministry of Internal Affairs to extend special
protection to a judge, lay judge, public prosecutor, deputy public prosecutor,
magistrate and their families or property.
Article 84
Regulations governing employment
relations of civil servants and appointed officials shall apply to employment
and rights, obligations, evaluation and responsibilities of the court guards,
unless otherwise provided under this Law.
Chapter Eight
FUNDS FOR THE WORK OF COURTS
Basic Provision
Article 85
Funds for the work of courts are
provided in the Republic of Serbia budget.
Funds must be of such volume and
timing to sustain independence of judicial power and at any given time ensure
proper operation of courts.
Article 86
The High Court Council proposes to
the Government the volume and structure of budgetary funds necessary for
operation of the courts, with prior opinion obtained from the ministry with
competence for the judiciary and the ministry with competence for finance.
The High Court Council, the ministry
with competence for the judiciary and the ministry with competence for finance
exercise control over budget funds allocated for operation of courts.
Use of funds and own incomes
Article 87
Revenues from work of courts are
separately set out in the Republic of Serbia budget and allocated for upgrading
operation of the courts.
The amount and purpose of funds
under paragraph 1 of this Article is determined in the Budget Law.
Payment of Court Costs
Article 88
The minister with competence for the
judiciary prescribes more detailed requirements, amount and manner of
reimbursement of amounts that parties and participants in proceedings pay in
settlement of costs in court proceedings.
Chapter Nine
THE RIGHT TO TRIAL IN REASONABLE TIME
Article 89
Due to the need to close open cases
in which a decision has not been passed in extent of two years the court
president may engage a retired judge.
The
person referred to in paragraph 1 of this Article may be engaged on tasks of
drafting judicial decision and autonomous conducting of certain actions in
proceedings under authorisation of the sitting judge and/or court president.
Compensation for the work of the
persons referred in paragraph 1 of this Article is determined by decision of
the High Court Council.
Engagement of person referred to in
paragraph 1 of this Article is more specifically regulated by Court Rules.
Chapter ten
V. TRANSITIONAL AND FINAL PROVISIONS
TRANSITIONAL PROVISIONS
Continued Operation of Existing Courts
Article 90
Courts established by the Law on
Organisation of Courts (“Official Gazette of the RS”, Nos. 21/90, 11/92, 6/93,
20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98, 44/98, 62/01, 65/01 and 55/04)
that commenced work prior to coming into force of this Law shall continue
operation.
The Supreme Court of Cassation,
Appellate, Administrative and the High Magistrates Courts and magistrates
courts shall commence to operate on 1
January 2009.
Continued Operation of Current Misdemeanour Organs
Article 91
Misdemeanour panels and municipal
misdemeanour organs shall continue to operate in accordance with the Minor
Offences Act (“Official Gazette of the SRS”, no. 44/89 and the “Official
Gazette of the RS”, Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97,
37/97, 36/98, 44/98, 62/01, 65/01 and 55/04) and the Decision on establishing
Municipal Misdemeanour Bodies and determination of the number of judges in
misdemeanour organs (“Official Gazette of the RS”, Nos. 72/93, 9/94, 30/94,
5/95, 12/95, 50/95, 27/96, 47/96, 9/97, 3/98, 6/98, 17/98, 41/98, 91/02, 37/03,
76/03, 115/03 and 97/05) until 31 December 2008.
Transfer of Cases
Article 92
Cases in which a first instance
decision is not taken by 31
December 2008 are transferred by the Supreme
Court of Serbia, municipal, district and commercial courts to courts under that have jurisdiction
for these cases under this Law.
If after 31
December 2008 a higher instance court in ruling
on legal remedy refers the case for retrial, the case shall be transferred to
the court with jurisdiction under this Law.
Taking over of Cases
Article
Cases that under this Law transfer
under the jurisdiction of magistrates courts in which a first instance decision
is not passed by 31 December 2008 shall be taken over by competent magistrates courts from the misdemeanour organs with
jurisdiction to that date.
Jurisdiction of magistrates
courts to take over cases referred in paragraph 1 of this Article is determined
in compliance with the law governing seats and territories of courts and public
prosecution offices.
Cases in which proceedings are not
concluded before the Misdemeanour Panels by 31
December 2008 shall be taken over by the High
Magistrates Court.
If after 1
January 2009 the High Magistrates Court in
ruling on legal remedy refers the case for retrial, the case shall be taken
over by the magistrates court with jurisdiction under the law governing seats
and territories of courts and public prosecution offices .
Taking over of means for work, equipment, archives and staff
Article 94
The required means for work,
equipment, archives and staff of current municipal misdemeanour organs and
Misdemeanour Panels shall be taken over by magistrates
courts and the High Magistrates Court in compliance with the law governing
seats and territories of courts and public prosecution offices.
By-laws
Article 95
Bylaws whose enactment is provided
under this Law shall be enacted by 1
October 2008.
Until the enactment of bylaws
referred in paragraph 1 of this Article, provisions of regulations enacted on
basis of the Law on Organisation of Courts shall apply, unless incoherent with
this Law.
FINAL PROVISIONS
Expiry of Validity of Statutes
Article 96
On the day of commencement of application
of this Law the Law on Organisation of Courts (“Official Gazette of the RS”,
Nos. 63/01, 42/02, 27/03, 29/04, 101/05 and 46/06), the Minor Offences Act
(“Official Gazette of the SRS”, No. 44/89 and the “Official Gazette of the RS”,
Nos. 21/90, 11/92, 6/93, 20/93, 53/93, 67/93, 28/94, 16/97, 37/97, 36/98,
44/98, 62/01, 65/01 and 55/04) and provisions of Articles 12-20 of the Law on
Courts ((“Official Gazette of the Republic of Serbia”, No. 46/91, 60/91 -
correction, 18/92 - correction, 71/92, 63/01, 42/02, 27/03 and 29/04).
Coming into force and commencement of application
Article 97
This Law shall come into force on
the eight day of publication in the “Official Gazette of the Republic of Serbia” and shall apply as of 1
January 2009.
