Election, appointment and termination of office

Election, appointment and termination of office

The Constitutional Court is composed of 15 judges, five of which are appointed by the National Assembly, five by President of the Republic, and five by the plenary session of the Supreme Court of Cassation of Serbia. A Constitutional Court judge is elected, i.e. appointed to a nine years' term in office. A Constitutional Court judge is elected or appointed from among outstanding lawyers, who are at least 40 years old and had at least 15 years of work experience as lawyers. One person may be elected or appointed as a Constitutional Court judge no more than twice. When taking office, judges take an oath before the president of the National Assembly.

A Constitutional Court judge's duty is discontinued: when the time he or she was elected or appointed to expires; at his or her personal request; when the legally provided general conditions for the old age pension have been met; or by dismissal. A judge is dismissed if he or she violates the conflict of interest; if his or her working capacity to discharge the duty of a Constitutional Court judge is lost; if he or she is sentenced to serving a time in prison, or for an offence which makes him or her undeserving of a Constitutional Court's judge duty. The Law on the Constitutional Court stipulates that a judge is also dismissed if he or she becomes a member of a political party. Whether the conditions for a Constitutional Court judge's dismissal have been met is decided by the Constitutional Court. In case when a Constitutional Court judge's duty is discontinued due to the expiration of the time he or she was elected or appointed to, President of the Constitutional Court is obliged to notify of this fact the authorised proponent and the National Assembly.

A Constitutional Court judge may not perform any other public or professional offices or jobs, except for teaching at a Law Faculty in the Republic of Serbia, in accordance with law.

A Constitutional Court judge enjoys immunity from the day of taking office until his or her judicial function is discontinued, and may not be held legally criminally or otherwise liable for an opinion expressed or a vote given while discharging his or her judicial function. If a Constitutional Court judge invokes his or her immunity, he or she may not be put in detention, nor criminal or any other proceedings may be instituted thereto which may lead to imprisonment, without the Constitutional Court's compliance. A Constitutional Court judge who has been caught in the act of committing a criminal offence for which an imprisonment sentence longer than five years has been envisaged may be put in detention without the Constitutional Court's compliance. Also, not invoking immunity by a Constitutional Court judge does not preclude the Constitutional Court from doing so.