Territorial autonomy in the light of the decision of the Constitutional Court of Serbia IUz-353/2009 Cover Image

Teritorijalna autonomija u svetlosti odluke Ustavnog suda Srbije IUz-353/2009
Territorial autonomy in the light of the decision of the Constitutional Court of Serbia IUz-353/2009

Author(s): Darko Simović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Fondacija Centar za javno pravo
Keywords: Republic of Serbia; Constitution; Vojvodina; Law; Constitutional Court;

Summary/Abstract: With the adoption of the Constitution of 2006, only insignificant revisions were made to the institutional model of territorial autonomy in the Republic of Serbia. The Constitution provided too weak guarantees concerning the provincial autonomy. For this reason, there was a clear attempt to revise, by way of law, the position of the Autonomous Province of Vojvodina and thereby reduce the discontent that existed in one part of Vojvodina’s public. The Constitutional Court was invited to assess the constitutionality of the Law on establishing the competences of AP of Vojvodina. Worth of praise is the effort of the Court to establish the doctrinal basis of territorial autonomy, which was facilitated by an organised public discussion. However, the decision of the Constitutional Court in this case also pointed to some significant deficiencies in its work. Clearly evident is a strong political influence on its work, as well as the fact that, organisationally, the Court lacks sufficiently fit judges. Also lacking was a fine constitutional and legal analysis of the territorial autonomy in Serbia, and therefore, by this Decision, the Court failed to contribute to the clarification of the constitutional concept of autonomous provinces. In this effort to clarify the constitutional concept of territorial autonomy, the Constitutional Court also made some inadmissible mistakes.

  • Issue Year: 4/2013
  • Issue No: 11
  • Page Range: 75-87
  • Page Count: 13
  • Language: Bosnian, Croatian, Serbian