TERMINATION OF JUDGE’S OFFICE WITH RETIREMENT AGE

The purpose of this paper is to address the issue of retirement age for judges in Serbia. The Law on Judges has been changed several times in this regard and according to the current situation there is a difference in the legal status of judges of the Supreme Court of Cassation and judges of all other courts. According to the standards set by the Constitutional Court in its jurisprudence, different legal status within a group of people in the same or similar situation would have to be justified by very weighty or compelling reasons. The legislator has failed to provide objective and reasonable justification for establishing special rules that apply only to the judges of the Supreme Court of Cassation. In comparative legal systems that are analysed in this paper, retirement age is based on the same criteria for all judges, regardless of the rank of the court.