Anatomija jedne odluke – Politološki pogled na zaključak Ustavnog suda o ustavnosti Briselskog sporazuma
Anatomy of a Decision – Politicological View on Constitutional Court’s Decision on Constitutionality of Brussels Agreement

Summary/Abstract: This paper analyses the Conclusion of Constitutional Court of Republic of Serbia on constitutionality of „The First Agreement on Principles Regulating Normalisation of Relations“ between Government of Serbia and Temporary institutions of autonomy in Pristina from the perspective of politicological theory of judiciary. The corner stone of the above- mentioned theory is the presumption that judges of constitutional courts are political actors, guided not merely by legal, but ideological and strategic considerations and concerns as well. After presenting the subject of the constitutional dispute, providing a critical analysis of explanation of Court’s Conclusion and pointing out of serious formal and logical shortcomings of the above- mentioned explanation, as well as failure of the Court to adopt the same procedural decision that woulf be based on a different constituional doctrine, the author draws a conclusion about the existence of Court’s political motivation and engagement in this case.

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