PRAVNI ZAPISI • Year I • No. 2 • pp. 435-440
DEFECTIVE CORRECTION OF ERRORS
Prof. dr Ivošević Zoran
Redovni profesor, Pravni fakultet Univerziteta Union u Beogradu
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Pravni zapisi, no. 2/2010, pp. 435-440
Original Scientific Article
KEY WORDS
Objection against the decision on termination of judicial office; retroactive effect of new regulations; converting a complaint into a complaint; ignoring the preclusion; recycling of choice; return of the inalienable; dismissal of judges instead of revoking the election decision; re-decision in incomplete composition.
ABSTRACT
On December 29, 2010, National Assembly of the Republic of Serbia passed the Law on amendments to the Law on judges. The Law was promulgated and published the same day. It came into force on January 6, 2011. It was passed in order to correct the mistakes made in the procedure of post-constitutional general election, i.e. re-election of judges. Defects can be found in almost every provision of the Law (and mistakes can not be corrected by defects) and they relate to: 1) introduction of an objection procedure against the decision on termination of judicial functions, with retroactive effect; 2) initiation of procedure for dismissal of judges ex officio, also relating to non-elected former judges; 3) reassessment of decisions on termination of judicial functions, by application of a future regulation; 4) dismissal of judges ex officio for reasons which represent a basis for annulment of decisions on election, i.e. re-election and 5) regulation on adoption of criteria for assessment of expertise, competence and worthiness, which enable the High Judiciary Council to again decide in an incomplete composition.