PROMENE USTAVA REPUBLIKE SRBIJE U OBLASTI PRAVOSUĐA I REFERENDUM IZ JANUARA 2022. GODINE

Abstract

Bearing in mind that for a long time, as it were, since the adoption of the Constitution of the Republic of Serbia in 2006, there have been demands for its partial or complete revision, the author has, within this paper, conducted a very significant research, which refers to the third, a very important branch of the principle of separation of powers - judicial power. Namely, in his research, he pointed out the relationship between the legislative and executive power (as political power) and the judicial power (as expert power). The implementation of the rule of law depends on this relationship and compliance with the regulations provided by the Constitution and corresponding laws. More than two decades ago, the Republic of Serbia decided for the path of European integration, whereby several international agreements were concluded between she and the EU. It is a very complex and long process, in which both sides confirmed the importance of harmonizing the current Serbian legislation with the EU legislation. With this, the Republic of Serbia obliged to strive to ensure the gradual harmonization of shes laws with the legislation and acquis communautaire of the EU. Also, Article 72, paragraph 3 of the Stabilization and Association Agreement, which entered into force on September 1, 2013 (signed on April 29, 2008 in Luxembourg), foresees the importance of harmonizing the basic elements of legal acquis on the judiciary.