Supreme Court (Serbia)

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Supreme Court
Врховни суд/Vrhovni sud (in Serbian)
€5.55 million (2022, planned)[1]
Websitewww.vk.sud.rs
President
CurrentlyJasmina Vasović
Since16 April 2021; 3 years ago (2021-04-16)

The Supreme Court (

cassation which reviews and possibly overturns previous rulings made by lower courts. It was established in 1846 by a decree of Prince Aleksandar Karađorđević. In the last 160 years since it was established, the Court has asserted its authority within judiciary in Serbia and beyond. The Supreme Court is today authorized by the Constitution of Serbia and the Law on Organization of Courts.[2]

The seat of the Supreme Court is in Belgrade. The court is currently composed of the President of the Court and 49 judges (since 2020), although the number of judges is periodically reviewed. The current President of the Supreme Court is Jasmina Vasović.

History

Principality and Kingdom of Serbia

The Supreme Land Court (Врховни суд земаљски) of the

Prince on the recommendation of the Minister of Justice. This Court was a trial court, while the appeals
were heard by the Prince himself.

The Supreme Court became the court of cassation (

military, police and civil courts.[3]

The modernization and strengthening of the

judicial procedure
was formalised in this period.

Finally, in 1865, the Law on the Organization of the Courts was passed, and the courts were organized into the district courts, the courts of appeal and the Court of Cassation. According to the Law, the Court of Cassation had three chambers. The Court was composed of 15 judges, one of them being the president. The judges were appointed by the Prince through a decree. The Law gave the Court of Cassation the power of judicial interpretation instead of the Minister of Justice. The Court was still under the Government's influence, but the judicial independence was constantly strengthening.

The Constitution of 1869, the Constitution of 1888 and the Law on Judges of 1881 confirmed the judicial independence and the three-level court system. An amendment to the Law on the Court of Cassation of 1895 gave the Court of Cassation the power to interprets the law to the lower courts and to give legal opinions in certain cases.

In 1901, a new Law on Judges was passed. This Law was very important for the development of the court system. The Court of Cassation became authorized to try a judge who was found to violate the law.

Kingdom of Yugoslavia

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The first Constitution (Vidovdan Constitution) of the Kingdom of Yugoslavia was adopted in 1921. It enacted the unification of the judicial systems of the countries that formed the Kingdom. It authorized the creation of the singular Court of Cassation of the Kingdom with its seat in Zagreb and with the jurisdiction over the whole nation. This Court was never actually created. The five Cassation Courts continued to work in the Kingdom: the Court of Cassation in Belgrade, the Supreme Court in Sarajevo, the Chamber of Seven in Zagreb, the great Court in Podgorica, and the Department of Belgrade's Court of Cassation in Novi Sad. Each of these courts had jurisdiction over a specific part of the Kingdom.

The Court of Cassation in Belgrade continued to work with its jurisdiction over all the lower-level courts on the territory of the former

King
after the recommendation of the Minister of Justice. Although the courts were independent, this principle was often violated.

New Law on the Organization of the Courts was passed in 1928, and although it again authorized the creation of a single Court of Cassation in Zagreb, it was never formed. The decentralized judicial system proved quite problematic in practice. This led to many cases of conflicts of jurisdiction between the five courts.

During the so-called

Criminal Code
for all of the Kingdom was passed in 1929. The National Court for the Protection of the State was formed in 1929 as a department of Belgrade's Court of Cassation to protect the public regime and public security. A state prosecutor was appointed for this court. It was mostly deciding in the cases involving insulting of the king and the royal family. This became the highest court in the country, as there was no way to appeal its decision. It worked in chambers of seven judges each. They were appointed by the King on the recommendation of the Minister of Justice. This court later became independent.

World War II

During

communist Yugoslavia
. In 1945, the Law on the Organization of the People's Courts was passed.

According to the

communist principles of people's democracy
, non-educated judges were allowed to be members of the courts along with law-educated judges.

Later in 1945, the Supreme Court of Yugoslavia was created with its seat in Belgrade. Judicial power on the territory of the

court of appeals. The Supreme Court of Serbia had a president, 14 judges and particular number of "people's co-judges" from common population. It had criminal and civil chambers and a disciplinary chamber. The Law proclaimed the courts to be free and independent from other branches of the government.[citation needed
]

Socialist Republic of Serbia

The organization of the courts was not changed until 1955. In 1954, new Law on Courts was passed, accompanied with the Law on Trade Courts and Law on Military Courts. The Supreme Courts of the Republics became solely

courts of appeals without original jurisdiction. The 1963 Constitution of Serbia did not bring any major changes to the judicial organization. This constitution authorized creation of the Constitutional Court of Serbia for the judicial review. With the 1971 amendments on the federal constitution, the judicial system was further decentralized, and the organization of the courts became the jurisdiction of the Republics and Autonomous Provinces.[4]

Jurisdiction

Jurisdiction inside court proceedings

The Supreme Court decides on regular and extraordinary

legal remedies instituted against decisions of all courts in the Republic of Serbia and on other issues prescribed by the law. The Supreme Court decides on a conflict of jurisdiction between the courts and the transfer of jurisdiction of courts to facilitate conducting of procedure or other significant reasons.[5]

Jurisdiction outside of court proceedings

  • determines general legal positions in order to provide uniform application of law by courts;[6]
  • provides opinions on draft laws and other regulations relevant for performance of judicial authority;
  • analyzes application of laws and other regulations and work of the courts;
  • selects the invited members of the High Judicial Council among judges and proposes candidates for one permanent member of the High Judicial Council;
  • determines criteria for evaluation of diligent and successful performance of judge's function;
  • determines the activities that are contrary to the dignity and independence of a judge and damaging to the reputation of the court;
  • determines the types and manner of advanced training of judges and performs other tasks prescribed by law;

Composition

Current composition of the Court (as of December 2021) is as follows:[7]

  • Jasmina Vasović (President of the Court)
  • Dragan Aćimović (2014)
  • Jelica Bojanić Kerkez (2018)
  • Dragana Boljević (2021)
  • Branislav Bosiljković (2017)
  • Nevenka Važić (2010)
  • Dubravka Damjanović (2021)
  • Zorana Delibašić (2018)
  • Radmila Dragičević-Dičić (2010)
  • Branka Dražić (2020)
  • Spomenka Zarić (2014)
  • Ilija Zindović (2019)
  • Jovan Jovanović, President of the Commercial Court in Belgrade
  • Dragan Jocić, President of the Appellate Court in Niš
  • Gordana Komnenić (2020)
  • Zvezdana Lutovac (2010)
  • Katarina Manojlović Andrić (2017)
  • Dragana Marinković (2020)
  • Marina Milanović (2019)
  • Duško Milenković, President of the Appellate Court in Belgrade
  • Tatjana Miljuš (2020)
  • Dragana Mirosavljević (2021)
  • Slađana Nakić Momirović (2014)
  • Danijela Nikolić (2020)
  • Radoslav Petrović (2015)
  • Ivana Rađenović (2021)
  • Milena Rašić (2021)
  • Biljana Sinanović (2010)
  • Dragiša Slijepčević (2017)
  • Jasminka Stanojević (2014)
  • Branko Stanić (2014)
  • Jasmina Stamenković (2020)
  • Aleksandar Stepanović, President of the High Court in Belgrade
  • Dobrila Strajina (2017)
  • Vesna Subić (2017)
  • Miroljub Tomić (2017)
  • Svetlana Tomić Jokić (2021)
  • Zoran Hadžić (2021)
  • Bata Cvetković (2010)
  • Gordana Džakula (2019)

Year of election to the Supreme Court is given in parentheses. Although the membership is currently set at 50 (President and 49 judges),[8] there are some vacant seats.

Presidents (since 1990)

Source:[9]

Status
  Denotes service as acting President of the Court
No. Portrait Name
(Birth–Death) 		Took office Left office
Presidents of the Supreme Court
1 Časlav Ignjatović
(1932–1996) 		July 1990 May 1996
2 Balša Govedarica
(born 1938)[a] 		May 1996 14 February 2001
3 Leposava Karamarković
(born 1941) 		15 February 2001 22 April 2003
4 Sonja Brkić
(born 1947)[b] 		21 March 2003 22 April 2004
– Janko Lazarević
(born 1950) 		22 April 2004 9 March 2005
5 Vida Petrović-Škero
(born 1952) 		9 March 2005 9 March 2009
– Nata Mesarović
(born 1950) 		9 March 2009 1 January 2010[10]
Presidents of the Supreme Court of Cassation
1 Nata Mesarović
(born 1950) 		1 January 2010 20 February 2013[c]
2 Dragomir Milojević
(born 1954)[d] 		21 February 2013 16 April 2021
3 Jasmina Vasović
(born 1969) 		16 April 2021[12] 9 February 2022
Presidents of the Supreme Court
6 Jasmina Vasović
(born 1969) 		9 February 2022[13] Incumbent

See also

Notes

  1. ^ Acting to 26 May 1998.
  2. ^ Acting for Karamarković to 22 April 2003.
  3. ^ Dismissed by the National Assembly.[11]
  4. ^ Acting to 6 December 2013 and from 7 December 2018.

References

This article incorporates text from the Constitutional Court of Serbia official site ([1]), which is in the public domain, because it is a law, decree, regulation or official material of a

Serbian copyright law. See Copyright
.

  1. ^ "ЗАКОН О БУЏЕТУ РЕПУБЛИКЕ СРБИЈЕ ЗА 2022. ГОДИНУ". Retrieved 19 January 2022.
  2. ^ Faculty of Law of the University of Novi Sad: Law on Organization of Courts (in Serbian)
  3. ^ "ISTORIJAT SUDA". Supreme Court of Cassation. 9 June 2014. Retrieved 19 January 2022.
  4. ^ Supreme Court of Cassation official site: About the Court (in Serbian)
  5. ^ Article 27 of the Law on Organization of Courts
  6. ^ Article 28 of the Law on Organization of Courts
  7. ^ "Spisak sudija Vrhovnog kasacionog suda". 19 January 2022.
  8. ^ "Одлука о броју судија у судовима". {{cite journal}}: Cite journal requires |journal= (help)
  9. ^ "Serbian ministries, etc". rulers.org. B. Schemmel. Retrieved 21 November 2018.
  10. ^ "Nova mreža sudova" (in Serbian). RTS. 1 January 2010. Retrieved 22 November 2018.
  11. ^ "Smenjena Nata Mesarović" (in Serbian). RTS. 20 February 2013. Retrieved 21 November 2018.
  12. ^ "Jasmina Vasović stupila na funkciju predsednika VKS" (in Serbian). RTS. 16 April 2021. Retrieved 29 April 2021.
  13. ^ "Skupština Srbije proglasila promene Ustava" (in Serbian). RTS. 9 February 2022. Retrieved 3 June 2022.

External links

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