N18.T6 – Removal of Appeals Court President Sought
HRA NEWSLETTER 18 – TOPIC 6
On 20 March, Supreme Court President Valentina Pavličić submitted to the Judicial Council a proposal for the removal of Court of Appeals President Mirjana Popović. The initiative followed a request made in early March by all judges of that court and the majority of its administrative staff for Popović’s removal, citing allegedly inappropriate conduct.
Valentina Pavličić’s removal proposal was submitted on the basis of Article 126, paragraph 3 of the Law on the Judicial Council and Judges, which provides that a court president shall be removed from office if they “behave inappropriately towards parties and court staff.”
It should be recalled that Pavličić’s initiative followed a request from the Judicial Council, which had asked her to gather “relevant information, conduct a comprehensive analysis of the allegations” made by Court of Appeals staff regarding Popović’s conduct, and then determine whether there were grounds for initiating disciplinary proceedings or possibly for a removal proposal.
All of this was preceded by a submission from Court of Appeals staff who, on 2 March, informed the Judicial Council of the president’s “prolonged and inappropriate conduct and manner of work.”
In her response to the Judicial Council, Popović wrote that she was “surprised, taken aback, and shocked” by her colleagues’ allegations, and that in the two years she had been heading the Court of Appeals she had “not sensed that interpersonal relations were in any way impaired.”
Following the most recent letter from Valentina Pavličić to the Judicial Council, Popović stated that there were no grounds for her removal.
“I have performed and continue to perform my duties with exceptional dedication, conscientiousness, and in accordance with the law, keeping sight of my primary obligation — the timely, lawful, and efficient operation of the court, which is ultimately reflected in the court’s results,” said Popović, whose court achieved strong results in 2025 by resolving nearly 100% of received cases.
The matter now rests with the Judicial Council.
The procedure for the removal of a court president is governed, mutatis mutandis, by the provisions regulating the determination of judicial disciplinary liability. Proceedings are conducted by the Judicial Council on the basis of an indictment proposal; the Council holds a hearing, ensures the right to a defence, takes the necessary evidence, and issues a decision within 60 days of receiving the indictment proposal. The decision is drawn up and served within 15 days, and may be appealed to the Supreme Court within eight days of receipt, with the appeal to be decided within 30 days.
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