DECISION ON THE ELECTION TO THE JUDICIAL FUNCTION AND ITS REVIEW BY CONSTITUTIONAL COURT

The paper explores the review of decisions on the election to judicial functions. The candidate may file an appeal on the decision on the election to the judicial function to the Constitutional Court within 15 days from the day of the publication of the decision in the Official Gazette of the Republic of Serbia, which excludes the right to submit a constitutional appeal.

Appeal to the Constitutional Court suspends the enforcement of the decision, which means that the elected candidate cannot take office before the appeal is decided. The scope of the Constitutional Court review has been limited to proper execution of powers by the High Judicial Council, following procedure provided for in the Law on Judges and the quality of reasoning in decisions on the election to the judicial function. So far, all appeals submitted to the Constitutional Court have been dismissed as manifestly ill-founded.