Izdvojeno mišljenje na odluku Ustavnog suda IUo-247/2013
Separate Opinion to the Constitutional Court’s Decision IUo-247/2013

Summary/Abstract: In this text the author points out procedural mistakes preceding adoption of the Court’s decision, as well as weaknesses of proceedings of Constitutional Court in examining, understanding and elaborating arguments necessary for adoption of decision, i. e. the shortcomings of explanation on which decision on constitutionality of the Brussels Agreement is based. Constitutional Court committed number of mistakes in this proceeding but the basic one was deciding to dismiss the complaint, declaring itself not competent in the matter. In denying that Brussels Agreement has the elements of a general normative act that could be subjected to the review of its’ constitutionality, the Constitutional Court missed the opportunity to evaluate all solutions contained in this agreement and to determine their relation to the Constitution of Republic of Serbia that is in force. The Constitutional Court violated its’ constitutional duty as protector of Constitution and human rights of citizens of Serbia by failing to pass judgement on apparent non- constitutionality of solutions contained in the Brussels Agreement. It furthermore opened the road to possible further violations of Constitution and undermined the basic premise of constitutional judiciary- its’ loyalty to the Constitution that is in force.

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