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2011, vol. 83, iss. 11, pp. 553-575
Constitutional law in Serbia
Union University, Faculty of Law, Belgrade
Keywords: Constitution; constitutional court; constitutional appeal; constitutional ap-praisal; president of the Republic; appointment and release from a duty of judges; law crisis
Abstract
In this paper the author first presents a review of the provisions contained in new Constitution of Serbia that relate to the constitutional judicature, and later discusses the most important issues for the implementation of the constitutional solutions in the Law on Constitutional Court which was passed after the Constitution. The new competences of the Constitutional Court are emphasized: to decide on constitutional appeals filed against violation of human rights (Article 170), to decide on constitutionality of ratified international agreements (Article 167 paragraph 1 item 2), to decide on constitutionality of the laws before their announcement (prevention constitutional appraisal) - Article 169, to decide on violation of the Constitution in the procedure of president's release from a duty (Article 118 paragraph 3), to decide on appeals against decisions of the state authorities that cannot be appealed by other remedies. In author's opinion, the new Law on Constitutional Court does not contain adequate and efficient procedures for the realization of these new competences of the Constitutional Court, especially related to the constitutional appeal. Also it is necessary to examine whether the possibility of contesting the constitutionality of already ratified international agreements provided in the Constitution (Article 167 paragraph 1 item 2) will cause difficulties in international relations of Serbia, especially in the procedure of acquiring the status of the member state of the European Union. The paper analyzes the new procedure of the appointment of judges and other important issues, crucial for the status of the Constitutional Court in the state legal system, especially its independence.
References
*** (2010) Ustavno sudstvo i teoriji i praksi. Beograd
*** (2010) Pregled rada Ustavnog suda u 2009. godini. Beograd
*** (2009) Pregled rada Ustavnog suda u 2008. godini
Nenadić, B., Popović, L. (2007) Ustavni sud u novom Ustavu Republike Srbije. Izbor sudske prakse, 15(1): 5-14
Pajvančić, M. (2009) Komentar Ustava Republike Srbije. Beograd
 

About

article language: Serbian
document type: Paper
DOI: 10.5937/gakv1111553G
published in SCIndeks: 13/03/2012

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