Constitutional Provisions on Judical Independence and EU Standards

Kolaković-Bojović, Milica (2016) Constitutional Provisions on Judical Independence and EU Standards. Annals of the Faculty of Law in Belgrad: Journal of Legal and Social Sciences, LXIV (3). pp. 192-204. ISSN 0003-2565

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Abstract

Implementation of the “Checks and balances” principle as one of the mile stones in modern democracies, demonstrates its full complexity when it comes to balancing guaranties of judicial independence and the need to prevent misinterpreta tion or abuse of the rights. Additional issue in that process is determination of the border line between constitutional and guaranties of judicial independence pre scribed by law. Raising that issue opens various questions which go beyond the legal framework itself. It actually tackles the historical, political and cultural country background. Furthermore, if analyzed from the prospective of the requirements de fined in the accession negotiation process with the EU, constitutional guaranties of judicial independence become division criteria that challenge the idea of EU stand ards’ existence and their unselective application as an accession benchmark. Fur thermore, lack of clear and objective criteria of (non)application of the EU standards might demotivate candidate countries in their efforts to achieve substantial reform results.

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