COMPARATIVE ANALYSIS OF THE NORMATIVE MODEL OF JUDICIAL POWER IN THE REPUBLIC OF SERBIA, REPUBLIC OF SLOVENIA AND REPUBLIC OF CROATIA

Abstract

Division of power proclaimed in the Republic of Serbia, the Republic of Croatia and the Republic of Slovenia is accomplished primarily through a principle of independence and autonomy of the judicial authority.

Constitution and selection of the president of the State Court Council in the Republic of Croatia, mandate and competence are in line with international standards, and we may consider it as judicial power in its full meaning. Constitution and selection of the Court Council in the Republic of Slovenia is in compliance with international standards, but the Court Council (Sodni savet) when selecting judges, president of courts and releasing them, within this competence, has a proposing role and is not in the same line with legislative and executive power.

In the Republic of Serbia there is great influence of legislative and executive power on the selection of all members of the first High Judicial Council. Legislative authority also carries out the selection of judges beginners and presidents of courts, so that judicial power in the Republic of Serbia has been partially emancipated from legislative and executive power.