Constitutional Court Deciding on

"Nacionalni stroj" pred Ustavnim sudom - izmišljena nadležnost, izmišljena i odluka
Constitutional Court Deciding on "National Front" - a Made up Competence and a Made up Decision

Author(s): Vladan Petrov
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: secret societies and associations; prohibition of work of an association; made-up competence of Constitutional Court; made-up decision of Constitutional Court

Summary/Abstract: The author provides a legal analysis of Constitutional Court's decision that „National Front" is a secret society. He maintains that in this case Constitutional Court did not act in accordance with Constitution as it appropriated a competence which is not prescribed for it by the Constitution. A made-up competence resulted in a made-up decision, i.e. a decision which has no legal effects. The abovementioned decision is a confirmation of the fact that Constitutional Court of Serbia wanders between law and politics, sometimes subjugating Constitution to the current political pressures. Such a constitutional court cannot be a provider of guarantees to, or a protector of constitutional democracy.

  • Issue Year: 2011
  • Issue No: 03+04
  • Page Range: 68-77
  • Page Count: 10
  • Language: Serbian