Factors undermining the efficiency of justice in the legal system of Serbia

Abstract

The efficiency of justice in Serbia has been undermined by a combination of constitutional, institutional, procedural and social factors, including political influence, abuse of functions; inconsistency between laws and the constitution, lack of resources, overburdened courts and sociopolitical instability. The methodology used rests on the legal method, legal sources (e.g. Constitution, laws) and case studies. Socio-political methods are considered in sections dealing with student and civil protests. The analysis highlights the key factors determining the state of the judiciary. A brief theoretical discourse is given on the difference between the administrative and judicial function, which is followed by an overview of several recent judicial cases that illustrate the current state of judicial inefficiency. The institutional framework of the judiciary is represented by the contradictions regarding the integrity profile of so-called prominent lawyers as members of the High Council of the Judiciary. An overview of the student and civil protests serves as an introduction to the constitutional controversies regarding the office of the president of the Republic. The analysis is completed by details of the resent Constitutional Court “Jadar” (lithium) case as an illustration of the inefficiency of justice in this country.