Law on the Constitutional Court

• I MAIN PROVISIONS
• II ELECTION, APPOINTMENT AND TERMINATION OF OFFICE OF CONSTITUTIONAL COURT JUDGES
• III ORGANIZATION OF THE CONSTITUTIONAL COURT
• IV PROCEDURES BEFORE THE CONSTITUTIONAL COURT AND LEGAL EFFECT OF ITS DECISIONS
• V ENFORCEMENT OF CONSTITUTIONAL COURT ACTS
• VI ODNOS USTAVNOG SUDA PREMA NARODNOJ SKUPŠTINI
• VII RELATIONSHIP OF THE CONSTITUTIONAL COURT AND THE NATIONAL ASSEMBLY
• VIII PENAL PROVISIONS
• IX TRANSITIONAL AND FINAL PROVISIONS

 

The organization of the Constitutional Court, the procedure before the Constitutional Court and the legal effect of its decisions are regulated by this Law.

The Constitutional Court decides on questions from its jurisdiction determined by the Constitution of the Republic of Serbia (hereinafter: the Constitution) and performs other activities determined by the Constitution and by law.

The work of the Constitutional Court is public.
Publicity is guaranteed by public hearings in procedures before the Constitutional Court, publication of its decisions, release of communiqués to the public information media and in other manner.
The Constitutional Court may exclude the public, only for the purpose of protecting the interests of national security, public order and morality in a democratic society, as well as for the purpose of protecting the interests of juveniles and the privacy of participants in a procedure.
Exclusion of the public does not pertain to the participants in a procedure, their legal
representatives and representatives of the professional public.
Judges may not express publicly their opinions about questions which are the subject matter of a dispute before the Constitutional Court.

Everyone is entitled to request insight into the case files and to request that he/she be allowed to copy the files, in accordance with the law governing free access to information of public importance.
Insight into case files shall not be allowed if there are reasons for exclusion of public and in other cases, in accordance with law.

Procedures before the Constitutional Court are conducted in Serbian language and with the use of the Cyrillic script.
Official usage of other languages and scripts in procedures before the Constitutional Court is effected in accordance with the law governing the use of those languages and scripts.

Procedures before the Constitutional Court are not subject to any duties.

Participants in procedures before the Constitutional Court bear their own expenses, unless the Constitutional Court determines otherwise.
The Constitutional Court may reimburse expenses of other summoned persons and determine a fee for their participation in the procedure.

Decisions of the Constitutional Court are final, enforceable and universally binding.

The manner and procedure of enforcing decisions of the Constitutional Court are determined by this Law.

Matters of procedure before the Constitutional Court not regulated by this Law shall accordingly be governed by provisions of appropriate procedural laws.

Matters of procedure not regulated by this Law or provisions of other procedural laws shall be decided on in each individual case by the Constitutional Court.

Constitutional Court passes general and individual acts, by majority vote of all judges, except in cases prescribed by this Law.

The Constitutional Court has the Rules of Procedure of the Constitutional Court (hereinafter: Rules of Procedure), which regulate in detail the organization, manner and publicity of work and the procedure before the Constitutional Court.
Rules of Procedure are published in the "Official Gazette of the Republic of Serbia".

 

 

The Constitutional Court consists of 15 judges elected and appointed in the manner prescribed by the Constitution.
On assuming office judges take an oath before the Speaker of the National Assembly.
The text of the oath is as follows: “I solemnly swear to abide by the Constitution and laws of the Republic of Serbia in my work and to perform my duty honorably, conscientiously and impartially”.

Six months before the expiry of the nine-year term of office to which a Constitutional Court judge has been appointed, or elected, the President of the Constitutional Court shall notify thereof the authorized propounder and the National Assembly.

Constitutional Court judge submits requests for termination of office before the expiry of the term to which they have been elected, or appointed, to the authorized propounder for election, or appointment, to the National Assembly, and the President of the Constitutional Court.
If the National Assembly fails to pass a decision on the request referred to in paragraph 1 of this article within three months from the day it was filed, the office of the Constitutional Court judge expires by force of law on the expiry of that time-limit, and this is stated by a ruling passed by the President of the Constitutional Court
In case of death of Constitutional Court judge, the President of the Constitutional Court informs the authorized propounder and the National Assembly thereof.

The Constitutional Court notifies the authorized propounder for election or appointment of a judge, and the National Assembly, that the judge has fulfilled requirements for mandatory retirement, no later than six months before the fulfillment of those requirements.
In the case referred to in paragraph 1 of this article, the authorized propounder shall initiate procedure for termination of office of the Constitutional Court judge concerned.
If the National Assembly fails to adopt a decision on the termination of office of a judge who has fulfilled requirements for retirement, the office of that judge is terminated on the date of fulfillment of those requirements, and this is stated by a resolution passed by the President of the Constitutional Court.

A Constitutional Court judge shall be dismissed if he/she becomes a member of a political party, violates the prohibition of conflict of interest, suffers permanent loss of ability to perform the duty of a Constitutional Court judge, or is convicted to a prison sentence or sentenced for a punishable offence rendering him/her unworthy to serve as a Constitutional Court judge.
Fulfillment of conditions for dismissal of a Constitutional Court judge shall be determined by the Constitutional Court.
Procedure for dismissal of Constitutional Court judge is initiated by the authorized propounders for the election or appointment of Constitutional Court judges. Initiative for initiation of dismissal procedure may be filed by the Constitutional Court itself.

Constitutional Court judge may not hold other office or perform other public or professional job, except for professorships at law faculties in the Republic of Serbia.
Unpaid work in cultural and artistic, humanitarian, sports or other associations shall not be deemed as public or professional office or job, within the meaning of this Law.
Constitutional Court judge is under the obligation to inform the Constitutional Court of activities from paragraph 2 of this article.
Professorship at faculties of law shall within the meaning of this Law be deemed as conducting teaching activities at faculties as full or associate professor.
In case of doubt of conflict of interest existence, a Constitutional Court judge may address the Constitutional Court for its opinion.

Loss of ability to work as a Constitutional Court judge is determined on the basis of an expert finding and opinion of an authorized health-care institution.

The competent court, or other state authority, has an obligation to serve legally binding decision on conviction of Constitutional Court judge to a prison sentence or conviction for other punishable offence to the authorized propounder for the election or appointment of a Constitutional Court judge, and to the Constitutional Court.

During the procedure for determining whether requirements for dismissal of a Constitutional Court judge have been fulfilled, the judge may be suspended from duty.
Decision on suspension of a Constitutional Court judge is passed at the proposal of the President of the Constitutional Court.
Decision on suspension of the President of the Constitutional Court is passed at the proposal of, at least, three Constitutional Court judges.
Decision on suspension is passed by the Constitutional Court, by majority vote of all judges, in accordance with the Rules of Procedure.

Where the office of a Constitutional Court judge is terminated before the expiry of the term to which that judge has been elected, i.e. appointed, the authorized propounder shall nominate two candidates for election or appointment.
The nomination referred to in paragraph 1 of this article shall be submitted to the authority in charge of the election, i.e. appointment, within three months from the day of notification about the termination of a Constitutional Court judge’s office.
If the Constitutional Court judge whose office has been terminated was from the territory of an autonomous province, the candidates for election, i.e. appointment, must be from the territory of the autonomous province.

Constitutional Court judge whose office has been terminated is entitled to salary compensation in duration of six months, in the amount equal to the salary of Constitutional Court judge.
The entitlement to salary compensation shall cease before the expiry of the six months time limit if a judge whose office is terminated finds another job or acquires the right to a pension, and it can be extended for additional six months if he/she acquires the right to pension within those six months.
Constitutional Court judge whose office was terminated due to fulfilling requirements for retirement, or who has been dismissed due to membership in a political party, violation of the prohibition of conflict of interest, conviction to a prison sentence or conviction for a punishable offence rendering him/her unworthy of Constitutional Court judge office, shall not be entitled to salary compensation referred to in paragraphs 1 and 2 of this article.

 

 

The seat of the Constitutional Court is in Belgrade.

The Constitutional Court has a President.
The President of the Constitutional Court is elected by the judges of the Constitutional Court, from among themselves, by secret ballot and a majority vote of all the judges, to a term of office of three years, with possibility of re-election.
If the President of the Constitutional Court is not elected, the office of the President, until the election, shall be exercised by the Deputy President, or the oldest judge.

The President of the Constitutional Court represents the Constitutional Court, convenes its sessions, proposes the agenda and chairs sessions, harmonizes the work of the Constitutional Court, looks after the implementation of Constitutional Court acts and performs other duties determined by this Law, the Rules of Procedure and other acts of the Constitutional Court.
The President of the Constitutional Court also performs the duty of a judge.

The Constitutional Court has a Deputy President, who stands in for the President of the Constitutional Court if the President is absent or otherwise engaged.
Provisions of this Law related to election and term of office of the President of the Constitutional Court apply to the election and term of office of Deputy President accordingly.
The Deputy President of the Constitutional Court also performs the duty of a judge.

The Constitutional Court has a Secretary, appointed by a majority vote of all the judges, by secret ballot, to a term of office of five years, with the possibility of re-appointment.
The Secretary manages the Administrative and Technical Service of the Constitutional Court and is accountable to the Constitutional Court for her/his work.
The Secretary of the Constitutional Court may have a deputy, appointed by the Constitutional Court by majority vote of all judges, for a period of five years, with possibility of re-appointment.
The Secretary and Deputy Secretary of the Court have the status of civil servant holding a post.
Requirements for the appointment of Secretary and Deputy Secretary are determined by an act of the Constitutional Court.

The Constitutional Court shall form Administrative and Technical Service for performance of professional and other tasks.
Organization, tasks and manner of work of the Administrative and Technical Service shall be governed in more detail by an act of the Constitutional Court.
Rights and obligations of employees in the Administrative and Technical Service shall be governed by regulations governing the rights and duties of civil servants and appointees.

Funds needed for the work and functioning of the Constitutional Court are provided from the Budget of the Republic of Serbia at the proposal of the Constitutional Court.
The Constitutional Court disposes of the funds referred to in paragraph 1 of this article independently, in accordance with the law and the Rules of Procedure.

 

 

Participants in the proceedings before the Constitutional Court are the following:

1) state authorities, authorities of the autonomous provinces and local self-government entities, members of parliament, in procedures for assessing constitutionality and legality (hereinafter: authorized propounder);
2) anyone on whose initiative a procedure for assessing constitutionality and legality has been initiated (hereinafter: the initiator);
3) the enactor of a law, statute of an autonomous province, or local self-government entity, and other general act (hereinafter: general act) whose constitutionality and legality are being assessed, as well as parties to a collective agreement;
4) political parties, trade union organizations or citizens’ associations whose statute or other general act is being assessed for constitutionality and legality or whose prohibition of activity is being decided upon;
5) religious communities whose prohibition of activity is being decided upon;
6) anyone at whose request a procedure for deciding on an electoral dispute, without legally determined jurisdiction of a court, is being conducted, as well as the authority in charge of implementing the election, with regard to whose electoral activity the dispute is being initiated;
7) state and other authorities who accept or decline competence, as well as anyone unable to exercise a right on account of an acceptance or decline of competence;
8) the Government, Republic Public Prosecutor and authority in charge of registering political parties, trade union organizations, citizens’ associations or religious communities, in procedures for the prohibition of the activity of political parties, trade union organizations, citizens’ associations or religious communities;
9) submitter of constitutional complaints, as well as state authority or organization vested with public authority, against whose individual acts or actions the constitutional complaint has been filed;
10) authority designated by the statute of an autonomous province or a local self-government unit, in appellate procedures where the exercise of the authority of an autonomous province, or a local self-government unit, is precluded by an individual act or action of a state authority i.e. local self-government authority, as well as the authority against whose individual act or action the appeal has been filed;
11) the National Assembly and the President of the Republic, when the existence of a violation of the Constitution in the impeachment procedure is being decided upon;
12) judges, public prosecutors and deputy public prosecutors in procedures on appeals against decisions on termination of office, as well as the authority that passed the decision on termination;
13) other persons, in accordance with the law.

Other persons summoned by the Constitutional Court may also participate in the proceedings before the Constitutional Court.

Authorities and organizations are represented in the proceedings before the Constitutional Court by their authorized representatives.
Persons duly authorized by participants in the proceedings may also participate in the proceedings before the Constitutional Court.

Participant in the proceedings has the right to file proposals and the duty to provide necessary data and information in the course of procedures and hearings, to submit evidence and to undertake other activities of significance for the decision-making of the Constitutional Court.
Participant in the proceedings is entitled to present and explain his/her position and reasons during the procedure, as well as to answer the claims and reasons of other participants in the procedure.
Participants in the proceedings may, in the course of procedure, abandon their proposal, claim, appeal or initiative.

Submissions filed to the Constitutional Court are filed by mail or to the Constitutional Court directly and must be signed.
Proposal, initiative or other submission shall be deemed filed on the day they were received by the Constitutional Court.
If a proposal, initiative or other submission was sent by registered mail, the day of dispatch shall be deemed as the day it was received by the Constitutional Court.

At the request of the Constitutional Court, a reply to a proposal, initiative and ruling on the initiation of a procedure to assess constitutionality or legality of a general act is provided by the enactor of that act, or an authority authorized by the enactor.
In respect of initiatives for assessing the constitutionality of a law or constitutionality and legality of other general act adopted by the National Assembly, the Constitutional Court may, before initiating a procedure, request an opinion from the National Assembly.
In respect of initiatives for assessing the constitutionality of the statute of an autonomous province or local self-government unit, the Constitutional Court may, before initiating a procedure, request an opinion from the Assembly of the autonomous province or of the local self-government unit.

The enactor of the contested general act is bound, within a time-limit determined by the Constitutional Court, which may not be less than 15 days, to submit the contested general act and necessary documentation and to provide data and information of significance for the conduct of the procedure and decision-making.
State and other authorities, organizations vested with public authority, legal and natural persons are under the obligation to provide data and information of significance for the procedure and decision-making of the Constitutional Court, at the request of the Constitutional Court, within a time limit that may not be less then 15 days.
If the Constitutional Court does not receive a response, opinion, requested data or information within the specified time-limit, the procedure may be resumed.

In the proceedings before the Constitutional Court, data, information, opinions and evidence are collected from the participants in the proceedings and other persons, and other actions are taken, significant for discussion and decision-making on the Constitutional Court session, in particular: whether the Constitutional Court is competent to issue a decision; whether a proposal has been submitted by an authorized propounder, or whether a proposal or an initiative are complete and comprehensible; whether requisite information, documents and attachments have been provided; whether other procedural prerequisites for the conduct of a procedure have been met.
A reporting judge is designated in the preliminary procedure, in accordance with the Rules of Procedure.

The Constitutional Court shall dismiss a proposal, initiative, constitutional complaint, motion or other act initiating a procedure:
1) when it establishes that it is not competent to issue a decision;
2) if it was not filed within the prescribed time-limit;
3) when the submitter had not obviated shortcomings which preclude processing within a designated time-limit;
4) when other legally-defined preconditions for conducting a procedure and determination do not exist.
When the Constitutional Court determines that it is not competent to issue a decision, it may refer the proposal, initiative, motion, constitutional complaint or other act initiating a procedure to the competent authority.

Constitutional Court shall hold a public hearing in the procedure for assessing constitutionality and legality, in the procedure for deciding on electoral disputes, as well as in proceedings for prohibition of work of a political party, trade union organization, citizens' association or religious community.
Constitutional Court can decide not to hold a public hearing in procedure for assessing the constitutionality and legality: if it deems that the matter was sufficiently clarified in the course of procedure and that, on the basis of evidence collected, it can decide even without holding a public hearing; if it has already decided on the same matter and new evidence for making a different decision on the matter have not been provided, as well as if there are conditions for discontinuation of procedure.
The Constitutional Court can hold a public hearing in other cases, when it deems that holding of a public hearing is necessary, in particular when the case concerns a complex constitutional issue or when there is an issue of constitutionality or legality on which the Constitutional Court does not have a position.

All participants in proceedings shall be summoned to public hearing, in order to express their positions and provide necessary information.
If it is in the interest of constitutionality or legality, the Constitutional Court can summon representatives of authorities and organizations responsible for enforcing the given general act.
When necessary, representatives of authorities and organizations, scholars and public officials, as well as other persons, shall be summoned in order to give opinions and explanations.

Absence from a public hearing of certain participants in the proceedings shall not preclude the Constitutional Court from holding a public hearing and passing a decision.

Constitutional Court shall suspended or adjourn the public hearing in order to obtain necessary data, information and opinions, as well as for other justified reasons.

Other issues related to public hearing shall be governed in more detail by the Rules of Procedure.

Constitutional Court decides on issues within its competence on a session.
Constitutional Court sessions are convened and chaired by the President of the Constitutional Court.
Minutes are kept at the Constitutional Court session.
Manner of work and decision-making at the Constitutional Court session are governed by the Rules of Procedure.
Constitutional Court shall, in order to clarify matters in a case, hold other sessions, in accordance with the Rules of Procedure.

Constitutional Court shall form commissions as permanent working bodies.
Constitutional Court shall also form occasional working bodies.
Permanent and occasional working bodies from paragraphs 1 and 2 of thisarticle shall be formed in accordance with the Rules of Procedure.

The Constitutional Court renders decisions, rulings and conclusions.

The Constitutional Court issues decisions:
1) establishing that a law, statute of an autonomous province or local self-government unit and other general act does not comply with the Constitution, generally accepted rules of international law and ratified international agreements, i.e. that at the time when it was in force it did not comply with the Constitution;
2) establishing that a law which has been adopted, but not promulgated by a decree, is not in compliance with the Constitution;
3) establishing that a ratified international agreement is not in compliance with the Constitution;
4) establishing that a statute of an autonomous province or local self-government unit or other general act is not in compliance with the law, or that it did not comply with the law at the time when it was in force;
5) establishing that a collective agreement is not in compliance with the Constitution and the law;
6) specifying the manner of consequence obviation, which arose due to the implementation of a general act that is not in compliance with the Constitution or a law;
7) deciding on electoral disputes for which the jurisdiction of a court is not defined by law;
8) prohibiting the activities of a political party, trade union organization, citizens’ association or religious community;
9) deciding on constitutional complaints;
10) determining on complaints of authorities of an autonomous province or of local self-government unit, in procedures where the exercise of the authority of an autonomous province, or a local self-government unit, is precluded by an individual act or action of a state authority or local self-government authority;
11) deciding in procedures for establishing violations of the Constitution by the President of the Republic;
12) deciding in procedures on appeals by judges, public prosecutors and deputy public prosecutors against decisions on termination of office and other decisions of the High Judicial Council;
13) dismissing proposals for establishing unconstitutionality and illegality.

The Constitutional Court issues rulings:
1) initiating procedures;
2) deciding on conflicts of jurisdiction between state and other authorities, in accordance with the Constitution;
3) dismissing enforcement of individual acts, or action, and remanding a dismissal or rejecting a request for dismissal of the enforcement of an individual act or action;
4) delaying the entry into force of a decision of an autonomous province authority;
5) not accepting an initiative for initiating a procedure of establishing unconstitutionality and illegality;
6) defining the manner of enforcement of a Constitutional Court decision or ruling.
7) discontinuing procedures in the cases referred to in articles 57, 88 and 97 of this Law;
8) dismissing requests for assessing constitutionality and legality of general acts on which it has already made determination, wherein new claims, reasons and evidence submitted do not provide grounds for a finding that there is reason for new deliberation and determination;
9) dismissing constitutional complaints if the procedural preconditions are not met.

Constitutional Court decisions and orders contain: introduction, wording and reasons.

When it does not issue other acts, the Constitutional Court issues conclusions.

Decisions of the Constitutional Court, except for constitutional complaint decisions, are published in the Official Gazette of the Republic of Serbia, as well as in the official journals in which the statute of an autonomous province, other general acts and collective agreements are published, i.e. in the manner in which the general act on which the Constitutional Court decided was published.
Decisions on constitutional complaints, as well as rulings of broader significance for the protection of constitutionality and legality, may be published in the Official Gazette of the Republic of Serbia.

Procedure for assessing the constitutionality or legality of general act is instituted on the basis of a proposal submitted by an authorized propounder or a ruling on institution of procedure.
Procedure for assessing the constitutionality or legality of general act may be initiated by the Constitutional Court itself, on the basis of a decision taken by a two-thirds majority of the votes of all its judges.

Proposal and/or initiative for assessing the constitutionality or legality of general act shall contain: the name of the general act, designation of the provision, title and number of the official journal in which it was published, grounds for the proposal, proposal or claim on how to decide, as well as other data of importance for assessing constitutionality or legality.
Where the general act whose constitutionality or legality is being challenged was not published in an official journal, a certified copy of the act shall be attached to the proposal.

A procedure is deemed initiated on the date of the submittal of the proposal to the Constitutional Court, i.e. on the date of issuance of a ruling to institute procedure.

Where the Constitutional Court finds there are grounds to institute a procedure on the basis of an initiative, it shall institute the procedure by a ruling.
Where the constitutionality and legality are challenged by an initiative, except for the laws and statute of an autonomous province or local self-government unit, i.e. some of its provisions regulating questions on which the Constitutional Court has already assumed a stance or where during the preliminary procedure the legal situation has been fully determined and the collected data provide sound grounds for determination, the Constitutional Court determines the matter without issuing a ruling on institution of procedure.
Where the Constitutional Court finds there are no grounds to institute an initiative, it will not accept the initiative.

In the procedure of assessing constitutionality and legality, the Constitutional Court is not constrained by the request of the authorized propounder, i.e. initiator.
Where the authorized propounder, or initiator, abandons the request, i.e. initiative, the Constitutional Court shall continue the procedure of assessing constitutionality or legality if it finds grounds for doing so.

During the procedure, and at the request of the enactor of the disputed general act, the Constitutional Court may, before issuing a decision on the constitutionality or legality, stop the procedure and allow the enactor of the general act to rectify, within a specified time-limit, unconstitutionalities or illegalities found.
If the unconstitutionalities or illegalities are not rectified within a specified time-limit, the Constitutional Court will continue the procedure.

In the course of procedure, until the issuing of a final decision, the Constitutional Court may suspend the enforcement of an individual act or action taken on the basis of the general act whose constitutionality or legality are being assessed, where such enforcement could cause irreversible detrimental consequences.
Where, during a procedure, the Constitutional Court finds that due to altered circumstances the reasons for the suspension have ceased, it shall abrogate the suspension of the enforcement of the individual act, i.e. action.
The Constitutional Court will dismiss a request for suspension of the enforcement of an individual act, i.e. action, when passing the final decision.

The Constitutional Court shall discontinue a procedure:
1) where during the procedure the general act was harmonized with the Constitution or law, and the Constitutional Court did not determine that, due to the consequences of the unconstitutionality or illegality, a decision should be issued because the consequences of the unconstitutionality or illegality have not been obviated;
2) where during the procedure the procedural preconditions for conducting the procedure cease to exist.

When the Constitutional Court establishes that a law, statute of an autonomous province or local self-government unit, other general act or collective contract do not comply with the Constitution, generally accepted rules of international law and ratified international agreement, such law, statute of autonomous province or local self-government unit, other general act or collective contract shall cease to be valid on the day the Constitutional Court decision is published in the "Official Gazette of the Republic of Serbia".
Provisions of ratified international agreement that do not comply with the Constitution, which was established by a Constitutional Court decision, shall cease to be valid in the manner provided by such international agreement or generally accepted rules of international law.
When the Constitutional Court determines that a general act or collective contract is not in compliance with the law, the validity of that general act or collective contract expires on the day of the publication of the Constitutional Court’s decision in the Official Gazette of the Republic of Serbia.

When the Constitutional Court determines the manner of consequence obviation which arose due to the implementation of a general act that is not in compliance with the Constitution or law, the decision of the Constitutional Court has legal effect from the day of its publication in the Official Gazette of the Republic of Serbia.

Laws and other acts for which it has been established by a Constitutional Court decision that they do not comply with the Constitution, generally accepted rules of international law, ratified international agreements or law, cannot apply to relations that arose before the day of publication of the Constitutional Court decisions, if they were not finally resolved by that date.
General act passed for the purpose of enforcement of laws and other general acts for which it is established, by a Constitutional Court decision, that they are not in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law, shall not apply from the day of publication of the Constitutional Court decision, if the decision implies that these general acts are incompatible with the Constitution, generally accepted rules of international law, ratified international agreements or law.
Enforcement of legally binding individual acts, passed on the basis of regulations that can no longer apply, cannot be allowed or implemented, and if the enforcement is initiated it shall be discontinued.

Everyone whose right has been violated by a final or legally-binding individual act adopted on the basis of a law or other general act determined by a decision of the Constitutional Court not to be in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law is entitled to demand from the competent authority a revision of that individual act.
Proposals for revision of a final or legally binding individual act adopted on the basis of a law or other general act, determined by a decision of the Constitutional Court not to be in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law, may be submitted within six months from the day of the publication of the decision in the Official Gazette of the Republic of Serbia, unless more than two years have passed between the delivery of the individual act and the submittal of the proposal or initiative for initiating a procedure.

If it is established that revision of an individual act cannot obviate the consequences which arose from the implementation of the general act determined by a decision of the Constitutional Court not to be in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law, the Constitutional Court may stipulate that the consequences should be obviated by reinstatement, indemnification, or otherwise.

If during a procedure before a court of general or special jurisdiction the issue of compliance of law or other general act with the Constitution, generally accepted rules of international law, ratified international agreements or law, is raised, such court shall suspend the procedure and initiate a procedure for assessing the constitutionality or legality of that act before the Constitutional Court.

Where during a procedure a general act validity expires or the act is brought in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law, but the consequences of unconstitutionality, or illegality, had not been obviated, the Constitutional Court may establish by decision that the general act was not in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law. This decision of the Constitutional Court has an identical legal effect as a decision establishing that a general act is not in compliance with the Constitution, generally accepted rules of international law, ratified international agreements, or law.

The provisions of articles 50 through 64 of this Law shall apply accordingly in procedures of deciding on compliance of laws and other general acts with generally accepted rules of international law and ratified international agreements.

The text of the adopted law certified by the Secretary of the National Assembly or a person so authorized by him/her shall be attached to the proposal for assessing the constitutionality of a law before its promulgation.
The proposal for assessing the constitutionality of a law before its promulgation shall not be forwarded for the National Assembly to provide its opinion, nor shall a public hearing regarding it be held.
The Constitutional Court shall inform the President of the Republic that a procedure for assessing the constitutionality of a law before its promulgation has been initiated.
The procedure of assessing the constitutionality of a law before its promulgation is urgent shall be conducted in accordance with the time limits prescribed by the Constitution.
Decision establishing that a law that has not been promulgated does not comply with the Constitution shall have legal effect from the day the law is promulgated.

In a proposal for assessing the constitutionality or legality of a decision of an autonomous province authority that has not yet entered into force, the Government can propose to the Constitutional Court to suspend the entry into force of the contested decision until the Constitutional Court decides on its constitutionality or legality.
The Government is under the obligation to enclose the text of the contested decision of an autonomous province authority to the proposal.
Constitutional Court first decides on the Government proposal to suspend the entry into force of the contested decision, in accordance with the time limits prescribed by the Rules of Procedure, where it shall not ask for an opinion on the contested decision from the authority that passed it, nor shall it hold a public hearing on the proposal.
If the Constitutional Court passes a ruling to suspend the entry into force of the contested decision of an autonomous province authority, it is under the obligation to conduct the procedure of assessing the constitutionality or legality urgently, in accordance with the time limits prescribed by the Rules of Procedure.
A ruling whereby the Constitutional Court suspends the entry into force of the contested decision of an autonomous province authority shall have legal effect from the day it is served to the autonomous province authority that has adopted it.

The Constitutional Court resolves conflicts of jurisdiction from article 167 paragraphs 2 subparagraph.1 to 4 of the Constitution.
Motions for resolving conflicts of jurisdiction referred to in paragraph 1 of this article are filed by one or both of the conflicting authorities, as well as the person in connection with whose right the conflict of jurisdiction appeared.

Motions for resolving conflicts of jurisdiction contain the titles of the authorities which accept or decline jurisdiction and their reasons for doing so.

If the authorities disclaim jurisdiction, the motion for resolution of conflict of jurisdictions shall be filed within 15 days from the day the decision of the second authority that declared itself incompetent becomes finally binding.

Motions for resolving conflicts of jurisdiction are deemed instituted on the date the motion is received by the Constitutional Court.

The time limit for the reply of authorities in conflict of jurisdiction is eight days from the day of service.

The Constitutional Court may order suspension of the procedure before the authorities between which the conflict of jurisdiction appeared, until the conclusion of the procedure of resolving the conflict of jurisdiction by the Constitutional Court.

When the Constitutional Court resolves a conflict of jurisdiction between state and other authorities, the order of the Constitutional Court has legal effect from the date of its publication in the Official Gazette of the Republic of Serbia.

Motion for deciding on electoral disputes for which jurisdiction of a court is not defined by law may be submitted by: any elector, candidate for President of the Republic, candidate for the member of Parliament or Municipality Council member, as well as those who nominate candidates.
Motion contains the grounds for requesting a decision on the electoral dispute and appropriate evidence.
Motions may be submitted no later than 15 days from the concluding date of the challenged electoral procedure.

The Constitutional Court serves one copy of the motion for determination on an electoral dispute to the authority in charge of implementing the election in connection with whose activities the electoral dispute was initiated, with an order for a response and respective electoral acts, i.e. documentation, to be submitted within a specified time-limit.

Where an irregularity in an election procedure was proved, and had a significant influence on the result of the election, the Constitutional Court issues a decision annulling the entire electoral procedure or parts thereof, which must be designated precisely.
In the case referred to in paragraph 1 of this article the entire electoral procedure or parts thereof will be repeated within ten days of the serving of the decision of the Constitutional Court to the competent authority.

Decisions of the Constitutional Court on annulling an entire electoral procedure or parts thereof have legal effect from the day a decision of the Constitutional Court is served to the competent authority.

Appeals against decision regarding the confirmation of mandate of members of parliament can be submitted by the candidate and by those who have proposed the candidate.
In procedures on appeal against decisions referred to in the Paragraph 1 of this article, the authority against whose decision the complaint was submitted shall submit requisite documentation to the Constitutional Court within 24 hours of the submittal of the appeal.
The Constitutional Court shall issue a decision within 72 hours of the submittal of the appeal.
The provisions of articles 75 through 78 of this Law shall also apply in procedures on appeal against decisions in connection with confirmation of members' of parliament mandates.

The Constitutional Court decides on the prohibition of the activity of political parties, trade union organizations, citizens’ associations or religious communities on the basis of a proposal of the Government, the Republican Public Prosecutor or authority in charge of the registration of political parties, trade union organizations, citizens’ associations or religious communities.
The proposal specifies grounds and provides evidence for requesting prohibition of the activity of the political party, trade union organization, citizens’ association or religious community.

When the Constitutional Court prohibits the activity of a political party, trade union organization, citizens’ association or religious community, that political party, trade union organization, citizens’ association or religious community is struck out from the respective register on the date the decision of the Constitutional Court is served to the competent authority.

Constitutional appeal may be submitted against an individual act or action of state authorities or organizations vested with public authority that violate or deny human and minority rights and freedoms guaranteed by the Constitution, when other legal remedies have been exhausted or are not prescribed or where the right to their judicial protection has been excluded by law.
Constitutional appeal may also be filed even if all legal remedies have not been exhausted, in cases where the applicant’s right to a trial within a reasonable time was violated.

Constitutional appeal may be submitted by everyone who believes that his/her human or minority rights and freedoms guaranteed by the Constitution have been violated or denied by an individual act or action of a state authority or organization vested with public authority.
Constitutional appeal can be submitted on behalf of the persons referred to in paragraph 1 of this article, on the basis of their written authorization, by other natural i.e. legal persons, state and other authorities in charge of the monitoring and exercise of human and minority rights and freedoms.

Constitutional appeal may be submitted within 30 days of the date of being served an individual act or the date of the action whereby human rights and freedoms guaranteed by the Constitution were violated or denied.
The Constitutional Court shall allow restitution to a person who on justified grounds failed to observe the time-limit for submitting a constitutional appeal if such persons, within 15 days from the cessation of the reasons that caused the failure, submits a proposal for restitution and if she/he simultaneously submits a constitutional appeal.
Restitution cannot be requested after the expiry of a period of three months from the date of failure to observe the time limit.

Constitutional appeal must contain the name and surname, citizens' identification number, place permanent or temporary residence, i.e. name and seat of person submitting the constitutional appeal, name and surname of applicant’s representative, number and date of the act against which the appeal is being filed and the name of the authority that enacted it, specification of human or minority right and freedom guaranteed by the Constitution that is allegedly violated with specification of the Constitutional provision guaranteeing such right or freedom, the motion on which the Constitutional Court is to decide and the signature of the person submitting the constitutional appeal.
A copy of the disputed individual act, evidence that legal remedies have been exhausted, and other evidence of significance for determination shall be attached to the constitutional appeal.

A constitutional appeal, as a rule, does not preclude implementation of the individual act or action against which it was filed.
Acting on a proposal of the complainant, the Constitutional Court may suspend implementation of the individual act or action referred to in paragraph 1 of this article if implementation would cause irreparable damage to the complainant, provided that suspension is not contrary to the public interest, and that suspension would not cause considerable damage to a third party.

Where a human or minority right or freedom of several persons, guaranteed by the Constitution, was violated or denied by an individual act or action, and only some of them filed the constitutional appeal, the decision of the Constitutional Court also refers to the persons who did not file the constitutional appeal, if they are in the same legal position.

The Constitutional Court will discontinue the procedure:
1. where a constitutional appeal was withdrawn;
2. where the authority that enacted the disputed individual act annuls, repeals or revises the act in accordance with the request contained in the constitutional appeal or if the action which caused the violation or denial of a Constitutionally-guaranteed right or freedom has ceased, with the consent of the complainant;
3. where other procedural preconditions for conducting the procedure cease.

Constitutional appeal is adopted or denied as unfounded by a decision.
When in a procedure on a constitutional appeal the Constitutional Court determines that the challenged individual act or action violated or denied a human or minority right and liberty guaranteed by the Constitution, it will annul the individual act, or prohibit further performance, or order a certain action to be performed and order the detrimental consequences rectified.
A decision of the Constitutional Court upholding a constitutional appeal constitutes legal grounds for filing a motion for damages or rectification of other detrimental consequences before a competent authority, in accordance with the law.
A decision of the Constitutional Court upholding a constitutional appeal has legal effect from the date when it is served to the participants in the procedure.

Person who filed the constitutional appeal can file motion for damages to the Damages Commission on the basis of Constitutional Court decision from article 89 paragraph 3 of this Law, in order to reach an agreement on the amount of damages.
If the motion for damages is not accepted or if the Damages Commission fails to pass a decision on it within 30 days from the day the motion was filed, the applicant can file an action for damages with the competent court. If agreement has been reached only with regard to one part of the motion, the action can be filed in respect of the remainder of the motion.
Act of the minister competent for judiciary shall determine the composition of the Commission from paragraph 1 of this article and govern its work in detail.

Provisions of articles 82 to 88 of this Law shall apply accordingly in procedures on appeals of authorities designated by the statute of autonomous province or local self-government unit, if the individual act or action of state authority or local-self government unit precludes the exercise of authority of autonomous province, i.e. local self-government.

When the Constitutional Court establishes that the exercise of the authority of an autonomous province, or of local self-government, is precluded by an individual act or action of a state authority or local self-government authority, during the appeal procedure initiated by an authority designated by the statute of an autonomous province or a local self-government unit, it will annul the individual act, or prohibit further performance or order the performance of a certain action and order the detrimental consequences to be obviated.
A decision of the Constitutional Court referred to in the Paragraph 1 of this article has legal effect from the day of its delivery to the participants in the procedure.

Procedures of determining a violation of the Constitution by the President of the Republic are initiated by the National Assembly, at the proposal of one third of the total number of members of parliament.
The act on the initiation of the procedure referred to in paragraph 1 of this article contains the legal grounds, the provisions of the Constitution that were violated and evidence on which the act is based.
The Speaker of the National Assembly submits the act on the initiation of the procedure referred to in the Paragraph 1 of this article to the Constitutional Court.
If the Constitutional Court establishes that the procedure for the impeachment of the President of the Republic was initiated in accordance with the Constitution and the law, the act of the National Assembly initiating the procedure of establishing a violation of the Constitution is served to the President of the Republic for a reply, within a time-limit determined by the Constitutional Court.

After the expiry of the time limit given for the reply, the President of the Constitutional Court will schedule a hearing to which he will summon the President of the Republic and the Speaker of the National Assembly.

In the procedure of establishing a violation of the Constitution by the President of the Republic, the Constitutional Court is limited solely to the establishment of violations of the provisions of the Constitution specified in the act of the National Assembly on initiation of the procedure.

The Constitutional Court will determine whether the President of the Republic violated the Constitution and serve its decision thereof to the National Assembly and to the President of the Republic.
The decision referred to in paragraph 1 of this article must be issued by the Constitutional Court within 45 days from the day the act of the National Assembly initiating a procedure for establishing a violation of the Constitution by the President of the Republic was filed.

The Constitutional Court will discontinue the procedure:
1. if the National Assembly withdraws the act on the initiation of the procedure;
2. if the office of the President of the Republic is terminated during the procedure.

A decision of Constitutional Court on violation of the Constitution by the President of the Republic has legal effect from the date of the service of the decision to the National Assembly.

Judges, public prosecutors and deputy public prosecutors may file appeals to the Constitutional Court against decisions on termination of office within 30 days of the day of being served the decision.
The authority that issued the decision on dismissal is entitled to a reply to the appeal within 15 days of the day of being served the appeal.

After the expiry of the time-limit for submitting a reply, the Constitutional Court schedules a hearing to which it summons the appellant and a representative of the authority that issued the decision on dismissal.
The public may be excluded from the hearing referred to in paragraph 1 of this article.

The Constitutional Court may issue a decision upholding the appeal and annul the decision on dismissal, or deny the appeal.

Decisions of the Constitutional Court in procedures on appeals by judges, public prosecutors and deputy public prosecutors against decisions on dismissal have legal effect from the date of being served to participants in proceedings

The provisions of articles 99 through 102 shall apply accordingly to procedures on appeals against decisions of the High Judicial Council, in cases prescribed by law.
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State and other authorities, organizations vested with public authority, political parties, trade union organizations, citizens’ associations or religious communities have an obligation to enforce decisions and orders of the Constitutional Court, within their rights and duties.
If necessary, enforcement of decisions and rulings of the Constitutional Court will be secured by the Government, in a manner established by a special Constitutional Court ruling.

 

 

The Constitutional Court informs the National Assembly about the situation and problems of exercising constitutionality and legality in the Republic of Serbia, provides opinions and indicates the need for adopting and revising laws and implementing other measures for the purpose of protecting constitutionality and legality.

When the Constitutional Court establishes that a competent authority has not adopted a general act for the enforcement of provisions of the Constitution, law or other general act, and had had an obligation to adopt such a general act, it will notify the National Assembly thereof.

Proposals of authorized propounders and rulings on initiation of procedure for the assessment of the constitutionality of a law, or constitutionality and legality of other general act adopted by the National Assembly are submitted by the Constitutional Court to the National Assembly for its reply.
The Constitutional Court forwards to the National Assembly decisions establishing that a law or other general act adopted by the National Assembly is not in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law.

 

 

In exercise of its functions, the Constitutional Court cooperates with state and other authorities and organizations, scientific and other institutions, companies and other legal persons, on questions of interest for preservation of constitutionality and legality

Constitutional Court realizes international cooperation with foreign and international courts and international organizations in accordance with its competence.

 

 

Organization or other legal person shall be punished by a fine ranging from 50,000 RSD to 1,000,000 RSD for the following petty offences:
1) if it fails to forward to the Constitutional Court within the prescribed time-limit the challenged general act and necessary documentation and to provide data and information of significance for the conduct of the procedure and determination (article 34 paragraph 1);

2) if it fails to submit to the Constitutional Court necessary data and information of significance for the conduct of the procedure and determination (article 34 paragraph 2);
Entrepreneur is subject to fines ranging from 20,000 RSD to 500,000 RSD, for the offence referred to in the Paragraph 1 of this article.
Responsible person in the organization or other legal person is subject to fines amounting to 50,000 RSD, for the offences referred to in the Paragraph 1 of this article.
Responsible official in state and other authority is also subject to fines amounting to 50,000 RSD, for the offences referred to in the Paragraph 1 of this article.

 

 

First session of the Constitutional Court shall be chaired by the oldest judge.

Procedures before the Constitutional Court initiated before the effective date of this Law will be concluded according to the provisions of this Law.

Procedures on constitutional appeals filed from the day of promulgation of the Constitution to the day this Law enters into force shall be conducted in accordance with the provisions of this Law.
Constitutional appeal can also be filed against an individual act or action of state authority or organization vested with public authority, which violates or denies a human or minority right or freedom guaranteed by the Constitution, if such act or action was effected from the day of promulgation of the Constitution to the day this Law enters into force.
Constitutional appeal in cases referred to in paragraph 2 of this article can be filed within 30 days from the day this Law enters into force.

Judges of the Constitutional Court elected in accordance with Constitution of the Republic of Serbia (Official Gazette of the Republic of Serbia, No. 1/90) whose office is terminated are entitled to six months’ salary equal to the salary of a Constitutional Court judge.
The pay entitlement referred to in paragraph 1 of this article shall cease before the expiry of six months if the judge whose office has been terminated enters into employment contract or acquires the right to pension, and may also be extended for additional six months, if the judge acquires the conditions for pension within those six months.

Civil servants and employees employed in the Service of the Constitutional Court of Serbia continue to work in the Constitutional Court in positions to which they had been appointed or allocated until the effective date of this Law, pending the adoption of appointment of allocation rulings, or the conclusion of employment contracts, in accordance with a Constitutional Court act from article 27 paragraph 2 of this article.

The Constitutional Court adopts its Rules of Procedure and the act from article 27 paragraph 2 within 90 days of the effective date of this Law.
Minister competent for judiciary shall pass the act from article 90 paragraph 3 of this Act within 90 days from the effective date of this Law

The validity of the Law on the Procedure before the Constitutional Court and Legal Effect of its Decisions (Official Gazette of the Republic of Serbia, Nos. 32/91, 67/93 and 101/05) expires on the effective date of this Law.

This Law shall enter into force on the eighth day from the date of its publication in the Official Gazette of the Republic of Serbia.