Serbia’s Minister of Justice, Nenad Vujić, has called on the High Prosecutorial Council (HPC) to urgently take all necessary measures to enforce the rulings of the Constitutional Court, including issuing an immediate order to the Electoral Commission to lawfully conclude the electoral process.
Vujić, who is an ex officio member of the High Prosecutorial Council, addressed a formal letter to other members of the body, warning of a serious institutional crisis caused by the failure to implement a Constitutional Court decision, the Ministry of Justice announced.
Failure to Implement Court Rulings Raises Constitutional Concerns
The disputed ruling of the Constitutional Court of Serbia ordered the repetition of elections for members of the High Prosecutorial Council at certain polling stations, a decision that has yet to be carried out.
Vujić stressed that decisions of the Constitutional Court are binding on all state institutions, organizations entrusted with public authority, as well as on all legal and natural persons.
“State bodies are obliged, within their respective competencies, to undertake all necessary actions to enforce Constitutional Court decisions without delay,” Vujić emphasized.
Resignations Cannot Halt the Electoral Process
The Minister underlined that members of the Electoral Commission cannot undermine the principle of continuity of office by submitting resignations, regardless of their motives—particularly given the urgency of completing the election process for prosecutors’ representatives in the HPC.
According to Vujić, ceasing to perform official duties before formal dismissal would constitute a serious abuse of office and a direct violation of the constitutional order.
Legal Responsibility Cannot Be Avoided
The Ministry of Justice warned that Electoral Commission members who fail to ensure conditions for repeating the elections would be in direct violation of both the Constitution and the law.
Vujić concluded that responsibility for non-compliance cannot be avoided or transferred to other institutions, and stated that he expects the High Prosecutorial Council to promptly instruct the Electoral Commission to implement the Constitutional Court’s decisions.
