Constitutional Court of Serbia
Encyclopedia
The Constitutional Court of the Republic of Serbia is the court authorized to perform judicial review
in the Republic of Serbia. It rules on whether the laws, decrees or other bills enacted by the Serbian authorities are in conformity with the Constitution
. It is not considered as part of the judicial branch, but a court sui generis
. The Constitutional Court is authorized by the Constitution itself and the Law on the Constitutional Court.
The seat of the Constitutional Court is in Belgrade
and it is consisted of 15 judges, one of them being President of the Court.
(then part of SFR Yugoslavia) was established on 9 April 1963 as an independent body of the Republic and desigated to protect constitutionality and legality in accordance with the Constitution and within the framework of the rights and duties proscribed by the 1963 Constitution of SR Serbia
. The Constitutional Law of Serbia, enacted on 25 December 1963, defined jurisdiction and adjudication
s before the Constitutional Court and legal effects of its decisions in a more specific manner.
The Constitutional Court of Serbia commenced its work on 15 February 1964. The Constitutional Court has upon proclamation of the 1990 Constitution of Serbia
acted within the framework of absence of division of powers, where the Parliament was the highest body of state power. The Constitutional Court has through its presence and work contributed to the importance and contribution in preservation of the constitutional principles and legality.
, five by the National Assembly
, and five are elected at the General Session of the Supreme Court of Cassation
. Judges are elected to the 9-year term. The candidates have to be accomplished lawyers of at least 40 years of age and with at least 15 years of experience in jurisprudence
. One person can be elected to the Court a maximum of two times. After the election, the judges take oath before the President of the National Assembly
.
The term of the Constitutional Court judge ends after 9 years since the election, or by resignation, by retirement or by impeachment
. A Constitutional Court judge may not perform any other public office or any other job at all, except for being a professor at the Law School of one of the universities in Serbia. A Constitutional Court judge enjoys immunity from prosecution.
Composition (year of election given in the parenthesis):
The Constitutional Court Library owns a valuable collection of legal acts issued in the late 19th and early 20th centuries. The Library cooperates with the head office of Belgrade City Library, National Library of Serbia
and other libraries of similar profile.
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
in the Republic of Serbia. It rules on whether the laws, decrees or other bills enacted by the Serbian authorities are in conformity with the Constitution
Constitution of Serbia
The Constitution of the Republic of Serbia is Serbia's fundamental law. The current constitution was approved in a constitutional referendum, held from on 28–29 October 2006...
. It is not considered as part of the judicial branch, but a court sui generis
Sui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....
. The Constitutional Court is authorized by the Constitution itself and the Law on the Constitutional Court.
The seat of the Constitutional Court is in Belgrade
Belgrade
Belgrade is the capital and largest city of Serbia. It is located at the confluence of the Sava and Danube rivers, where the Pannonian Plain meets the Balkans. According to official results of Census 2011, the city has a population of 1,639,121. It is one of the 15 largest cities in Europe...
and it is consisted of 15 judges, one of them being President of the Court.
History
The Constitutional Court of the Socialist Republic of SerbiaSocialist Republic of Serbia
Socialist Republic of Serbia was a socialist state that was a constituent country of the Socialist Federal Republic of Yugoslavia. It is a predecessor of modern day Serbia, which served as the biggest republic in the Yugoslav federation and held the largest population of all the Yugoslav...
(then part of SFR Yugoslavia) was established on 9 April 1963 as an independent body of the Republic and desigated to protect constitutionality and legality in accordance with the Constitution and within the framework of the rights and duties proscribed by the 1963 Constitution of SR Serbia
Constitution of Serbia
The Constitution of the Republic of Serbia is Serbia's fundamental law. The current constitution was approved in a constitutional referendum, held from on 28–29 October 2006...
. The Constitutional Law of Serbia, enacted on 25 December 1963, defined jurisdiction and adjudication
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
s before the Constitutional Court and legal effects of its decisions in a more specific manner.
The Constitutional Court of Serbia commenced its work on 15 February 1964. The Constitutional Court has upon proclamation of the 1990 Constitution of Serbia
Constitution of Serbia
The Constitution of the Republic of Serbia is Serbia's fundamental law. The current constitution was approved in a constitutional referendum, held from on 28–29 October 2006...
acted within the framework of absence of division of powers, where the Parliament was the highest body of state power. The Constitutional Court has through its presence and work contributed to the importance and contribution in preservation of the constitutional principles and legality.
Composition
The Constitutional Court is consisted of 15 judges. Five of them are elected by the President of SerbiaPresident of Serbia
The President of Serbia is the head of state of Serbia. Presently serving as the head of state is Boris Tadić. He was elected with a narrow majority of 50.31% in the 2008 Serbian presidential elections.-Authority, legal and constitutional rights:...
, five by the National Assembly
National Assembly of Serbia
The National Assembly of Serbia is the unicameral parliament of Serbia. It is composed of 250 proportionally elected deputies elected in general elections by secret ballot, on 4 years term. The National Assembly elects the President of the National Assembly who presides over the sessions...
, and five are elected at the General Session of the Supreme Court of Cassation
Supreme Court of Serbia
The Supreme Court of Cassation is the court of last resort in the Republic of Serbia. Formerly called the Supreme Court of Serbia, it is the Court of cassation which reviews and possibly overturns previous rulings made by lower courts. It was established in 1846 by a decree of Prince Aleksandar...
. Judges are elected to the 9-year term. The candidates have to be accomplished lawyers of at least 40 years of age and with at least 15 years of experience in jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
. One person can be elected to the Court a maximum of two times. After the election, the judges take oath before the President of the National Assembly
President of the National Assembly of Serbia
The President of the National Assembly of Serbia is the speaker of the parliament of Serbia...
.
The term of the Constitutional Court judge ends after 9 years since the election, or by resignation, by retirement or by impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
. A Constitutional Court judge may not perform any other public office or any other job at all, except for being a professor at the Law School of one of the universities in Serbia. A Constitutional Court judge enjoys immunity from prosecution.
Composition (year of election given in the parenthesis):
- Dragiša B. Slijepčević, Phd, President (2007)
- Marija Draškić, PhD, Deputy President (2007)
- Olivera Vučić, PhD (2007)
- Bratislav Đokić (2010)
- Goran P. Ilić, PhD(2010)
- Vesna Ilić-Prelić (2007)
- Agneš Kartag-Odri, PhD (2007)
- Katarina Manojlović-Andrić (2007)
- Milan Marković (2010)
- Bosa Nenadić, PhD (2007)
- Milan Stanić (2010)
- Dragan M. Stojanović, PhD (2007)
- Tomislav B. Stojković (2010)
- Sabahudin Tahirović (2010)
- Predrag Ćetković (2007)
Former presidents
Presidents of the Constitutional Court between 1971 and 2007 were:- Petar Relić (1963–1971)
- Jovan Đorđević (1971–1979)
- Najdan Pašić (1980–1984)
- Radoslav Ratković (1984–1986)
- Đurđe Seničić (1987–1988)
- Miodrag Bogdanović (1988–1990)
- Balša Špadijer (1990–1996)
- Ratko Butulija (1996–2001)
- Slobodan Vučetić (2002–2007)
- Bosa Nenadić (2007-2010)
Library of the Constitutional Court
Library of the Constitutional Court started to work after the Court has been established. According to the profile of its collections, the Library of the Constitutional Court belongs to the family of specialized law libraries. The library is in charge of collecting, storing, cataloguing and offering for use literature from different branches of law with special regard to constitutional legislation. The Library is in possession of a large collection of monographs, serial publications, collections of papers, and it also has an electronic database of legal acts.The Constitutional Court Library owns a valuable collection of legal acts issued in the late 19th and early 20th centuries. The Library cooperates with the head office of Belgrade City Library, National Library of Serbia
National Library of Serbia
The National Library of Serbia is the national library of Serbia, located in the city of Belgrade, .-History:...
and other libraries of similar profile.
See also
- Constitutional court
- Supreme Court of SerbiaSupreme Court of SerbiaThe Supreme Court of Cassation is the court of last resort in the Republic of Serbia. Formerly called the Supreme Court of Serbia, it is the Court of cassation which reviews and possibly overturns previous rulings made by lower courts. It was established in 1846 by a decree of Prince Aleksandar...
- Constitution of SerbiaConstitution of SerbiaThe Constitution of the Republic of Serbia is Serbia's fundamental law. The current constitution was approved in a constitutional referendum, held from on 28–29 October 2006...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...