Debate on appeals of unelected judges

Constitutional Court President Bosa Nenadic says she hopes the court would make a decision on the appeals of judges and prosecutors who were not reelected. Nenadic made the comments on Monday in Belgrade, and stated that she expected this decision to happen within a reasonable time-frame. Debate on appeals of unelected judges The judges and prosecutors in question were not reelected in the general election in December 2009. Nenadic told journalists during a pause in the first public debate on the appeals of judges not elected to that court function that the number of appeals was creating a large burden on the Constitutional Court, but that decisions would be made in parallel with cases of normative control that cannot be postponed and constitutional appeals. "We cannot ignore the fact that among those who have submitted constitutional appeals are also citizens who have filed charges due to the termination of work which in their opinion is unconstitutional and against the law and the court cannot postpone solving their demands," said Nenadic. She added that according to Constitutional Court of Serbia records, the High Judicial Council had not yet made individual decisions for around 50 percent of the unelected judges and said that it could happen that those judges might withdraw their appeals from the Constitutional Court as long as they are satisfied with a possible new decision by the High Judicial Council. The Monday session of the Constitutional Court (Beta) "No political pressure" Nobody can impose political pressure on the Constitutional Court of Serbia and no one has done it, the President of the Court Bosa Nenadic said at the beginning of a debate on the appeals submitted by unelected judges, public prosecutors and their deputies. “I responsibly claim that political pressure cannot be, nor has it been, imposed on me as the President of the Court,” Nenadic told the press Monday during the debate break. Following media calculations that the procedures on the appeals by some 800 unelected judges could take about two years, Nenadic said that as much time is necessary will be spent to decide in the matter. She expressed her confidence that the judge-rapporteurs will make decisions within a “reasonable time frame.” Asked whether the Constitutional Court will take into consideration the evaluations and suggestions of the European Commission concerning the general election of judges and prosecutors, Nenadic underscored that the work of the country's highest judicial instance solely based on the Constitution, the European Convention on Human Rights and Fundamental Freedoms and the standards of the Strasbourg-based European Court of Human Rights.

Debate on appeals of unelected judges

The judges and prosecutors in question were not reelected in the general election in December 2009.

Nenadić told journalists during a pause in the first public debate on the appeals of judges not elected to that court function that the number of appeals was creating a large burden on the Constitutional Court, but that decisions would be made in parallel with cases of normative control that cannot be postponed and constitutional appeals.

"We cannot ignore the fact that among those who have submitted constitutional appeals are also citizens who have filed charges due to the termination of work which in their opinion is unconstitutional and against the law and the court cannot postpone solving their demands," said Nenadić.

She added that according to Constitutional Court of Serbia records, the High Judicial Council had not yet made individual decisions for around 50 percent of the unelected judges and said that it could happen that those judges might withdraw their appeals from the Constitutional Court as long as they are satisfied with a possible new decision by the High Judicial Council.

"No political pressure"

Nobody can impose political pressure on the Constitutional Court of Serbia and no one has done it, the President of the Court Bosa Nenadić said at the beginning of a debate on the appeals submitted by unelected judges, public prosecutors and their deputies.

“I responsibly claim that political pressure cannot be, nor has it been, imposed on me as the President of the Court,” Nenadić told the press Monday during the debate break.

Following media calculations that the procedures on the appeals by some 800 unelected judges could take about two years, Nenadić said that as much time is necessary will be spent to decide in the matter. She expressed her confidence that the judge-rapporteurs will make decisions within a “reasonable time frame.”

Asked whether the Constitutional Court will take into consideration the evaluations and suggestions of the European Commission concerning the general election of judges and prosecutors, Nenadić underscored that the work of the country's highest judicial instance solely based on the Constitution, the European Convention on Human Rights and Fundamental Freedoms and the standards of the Strasbourg-based European Court of Human Rights.