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Description : NB_CE
DECLARATION OF THE CONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE)ON THE REVIEW OF THE DECISIONS OF THE HIGH COUNCIL OF JUDICARY on THE ELECTION OF JUDGES IN SERBIA

The Consultative Council of European Judges (CCJE)

recalling its Declaration of 19.3.2010 on the Reform of the Judiciary in Serbia where it

taking account of:

issues the following

Declaration:

1. The CCJE reiterates that the termination of tenure of Serbian judges violates the principle of irremovability of judges, and infringes the international standards;

2. While a full remedy for these infringements would necessitate a legislation which re-installs the judges concerned or at least a review procedure regarding the judges who have not been re-elected by an independent judicial body applying a procedure by which the guarantees contained in Article 6 of the European Convention on Human Rights would be exercised;

3. The CCJE regrets that there are serious doubts that the re-view procedures which have been exercised by the High Judicial Council have actually followed the requirements expressed in Article 6 of the Convention;

4. The CCJE therefore underlines once more the necessity of Serbia amending its legal framework to remedy the violations of international standards which has been caused by the non-re-election of judges, who enjoyed previously permanent tenure, and by the shortcomings in the review procedures that have been followed;

5. The CCJE stands ready to assist the Serbian authorities by giving its opinion if so requested. The CCJE will follow the further developments with interest and ask its Serbian member to give a report at the next plenary meeting.

Strasbourg, 18.6.2012