Constitutional Court rejects Judicial Council request
The Constitutional Court of Serbia rejected the request of the High Judicial Council to postpone deciding on the constitutional complaints of unelected judges.
Friday, 14.05.2010.
09:55
The Constitutional Court of Serbia rejected the request of the High Judicial Council to postpone deciding on the constitutional complaints of unelected judges. The High Judicial Council sought that the Constitutional Court suspend the process of deciding on the complaints of unelected judges, in order to submit to the Constitutional Court the answers to the statements from the complaints of the unelected judges. Constitutional Court rejects Judicial Council request Eleven Constitutional Court judges voted against accepting the request. It was concluded that the Constitutional Court did not have a legal basis on which to accept the request. The High Judicial Council sent the request to the Constitutional Court on April 30, the day after the Constitutional Court rejected the request of the High Judicial Council to extend by 45 days the deadline to submit responses to assertions from the complaints of unelected judges. Judge Katarina Andric explained during the debate before the decision was made that, under law, the Constitutional Court could postpone the decision in order to allow the bearer of the act to, with additional time, eliminate any unconstitutionality or unlawfulness, which had not been the case in the request of the High Judicial Council. The Constitutional Court judge pointed out that the High Judicial Council also significantly exceeded all deadlines for which it had requested and which in correspondence with the Constitutional Court had been specified for the submission of individual responses to the complaints of the judges.
Constitutional Court rejects Judicial Council request
Eleven Constitutional Court judges voted against accepting the request. It was concluded that the Constitutional Court did not have a legal basis on which to accept the request.The High Judicial Council sent the request to the Constitutional Court on April 30, the day after the Constitutional Court rejected the request of the High Judicial Council to extend by 45 days the deadline to submit responses to assertions from the complaints of unelected judges.
Judge Katarina Andrić explained during the debate before the decision was made that, under law, the Constitutional Court could postpone the decision in order to allow the bearer of the act to, with additional time, eliminate any unconstitutionality or unlawfulness, which had not been the case in the request of the High Judicial Council.
The Constitutional Court judge pointed out that the High Judicial Council also significantly exceeded all deadlines for which it had requested and which in correspondence with the Constitutional Court had been specified for the submission of individual responses to the complaints of the judges.
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