The new constitutional Court of the Republic of Serbia concerning the Opinion of the Venice Commission on the 2006 Constitution... Cover Image
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Novi ustavni sud Republike Srbije: povodom mišljenja Venecijanske komisije o ustavu Republike Srbije
The new constitutional Court of the Republic of Serbia concerning the Opinion of the Venice Commission on the 2006 Constitution...

Author(s): Vladan Petrov
Subject(s): Law, Constitution, Jurisprudence
Published by: Nova srpska politička misao
Keywords: the 2006 Constitution of the Republic of Serbia; Venice Commission; Constitutional Court; constitutional appeal; preliminary control of the constitutionality of a law; election and appointment of justices of the Constitutional Court; termination of tenure

Summary/Abstract: The 2006 Constitution of the Republic of Serbia brings significant changes in the field of work of the Constitutional Court. The new Serbian Constitutional court has increased its old competences and gained new ones. Judiciary, legislature and executive take equal parts in electing and appointing the Constitutional Court justices, and the law regulates the way the Constitutional Court functions, its proceedings and legal effect of its decisions. It is interesting to note that the so-called Venice Commission hardly mentions the part of the Constitution regulating the Constitutional Court , although its remark is that it is “generally positive.” This part of the Constitution deserves more attention having in mind the law-giver’s intention to establish a “strong” constitutional court and serious normative flaws it has. Beginning with meager comments by the Venice Commission, the author analyzes basic constitutional solutions concerning the Constitutional Court. A comprehensive analysis of the Constitutional Court will be possible when the Law on the Constitutional Court comes into effect so as to get a clear picture of how this institution is legally regulated. As far as the Opinion of the Venice Commission is concerned, it should not be brushed aside, although it is obvious that it “remained on the level” of the 2006 Serbian Constitution.

  • Issue Year: 16/2008
  • Issue No: Spec ed 2
  • Page Range: 71-84
  • Page Count: 14
  • Language: Serbian