at has been possible and that at the greater degree would correspond to the principle of division of powers. The status of the Government is strengthened that the offer to vote mistrust to the Government or the Minister can be made by 60 deputies at minimum (before - 20 deputies). If the decision on mistrust to the Government will not be adopted by the majority of votes, the voting procedure can be renewed only after 6-month term. The new Constitution also provides, that the Government should not allow to execution the general act of the district administration if it considers that this act does not correspond to the Constitution or the law, and in five days it should start the procedure of estimation of constitutionality or legality of the given act. to judicial power, the Constitution preserves the fundamental principles and guarantees of independence of court system, first of all, the continuity of function of the judge, and fixes some great innovations. It, first of all, concerns the High council of court system as the independent organ guaranteeing independence of courts and judges raquo ;. To tell the truth, the given body has existed under the name of High Council of Justice, not as constitutional, but as the lawful institution. In the High council of court system, the majority will be made by judges. Though, basically, undoubtedly, all members of the High council will be elected by the National Skupshchina, and the law should provide, that its judicial structure should be proposed by courts and judges, instead of the committee of Skupshchina, that is the political body. the positive decision is, that the person who is appointed the judge for the first time, is elected for the three-year term. The choice of the candidate is made by the Skupshchina on the offer of the High Council of court. And on expire of the three year term the judge is elected by the High council of court constantly. unreasonable decision is the chairmen of courts are elected by the Skupshchina instead of High council of or by judges, as it confirms the fact that chairmen of courts are subordinated to the political interests. for the termination or clearing of office of the judge are confirmed by the law instead of the Constitution as it has been till now. And it is also not reasonable. It is not good that the Constitution does not determine the powers of the Supreme Cassation Court and its Chairman can be elected only every five years (as well as other chairmen) while, for example, the republican civil claimant can be repeatedly elected for six years , at unlimited quantity of mandates. The novelty is the interdiction on political activity of judges. It is, basically, correct decision if only it will be formulated by the law as the interdiction to participation in activities of political parties. changes in the Constitution are stipulated concerning the status of the Prosecutor s Office. It is in essence withdrawn from legal system and is the component of the executive authority that is made in a number of European countries. means, that the High Prosecutor of the republic and all other prosecutors will be elected and dismiss of the posts by the people of the National Skupshchina, under the offer of the Government. Another important innovation contradicts the present system. The question is the cancellation of the working till now continuity of term of office of the prosecutor that is about introduction of the 6-year mandate, with the opportunity of the repeated selection. It directly strengthens influence of political that is executive power, on the Prosecutor s activity. Simultaneously, contrary to hitherto existing lawful decision, prosecutor s deputy after three-year activity raquo ;, are appointed to constant office by the State council of prosecutors.
. The constitutional court of Serbia has preserved the former powers. However it has received some new, but significant powers. First of all, it will estimate conformity of the law and other general acts to the conventional rules of international law and to the confirmed international contracts, and also conformity of the given contracts to the Constitution. major innovation is introduction of the preliminary estimation of constitutionality of the law authorized by voting, but not come into force. Such estimation is made on the offer of at least one third of deputies. The lack of the given decision is that the same right is not given to the President of the Republic. There also exists the great risk of contest by the opposition parties of any law in the Constitutional Court for the purpose of failure of activity of the legislative body of the power. We shall note that some constitutions in the world simultaneously provide both the preliminary estimation of the law and estimation of its constitutionality after passing. new Constitution enters the constitutional claim which has been long discussed and which can be...
