Rules Of Procedure of the Constitutional Court

(«Official Gazette of the RS» no. 24/2008, amendment «Official Gazette of the RS» no. 27/2008)

• I BASIC PROVISIONS
• II ОRGANIZATION OF THE CONSTITUTIONAL COURT
• III ELECTION AND REMOVAL FROM THE POSITION OF THE CONSTITUTIONAL COURT PRESIDENT
• IV CONSTITUTIONAL COURT MODES OF OPERATIONS
• V PROCEEDINGS BEFORE THE CONSTITUTIONAL COURT
• VI PUBLIC CHARACTER OF THE WORK OF THE CONSTITUTIONAL COURT
• VII CONSTITUTIONAL COURT ANNUAL PROGRAM, WORKPLAN AND REPORT ON ACTIVITIES
• VIII ОTHER PROVISIONS
• IX TRANSITIONAL AND FINAL PROVISIONS

 

Pursuant to Article 10 of the Law on the Constitutional Court ("Official Gazette of the Republic of Serbia", no.109/07) the Constitutional Court, at the session held on February 28, 2008, adopted the following:

 

These Rules of Procedure shall govern, in accordance with the Constitution and the Law, the organization, practice and procedure before the Constitutional Court and other matters of importance in court work

The Constitutional Court shall be located in Belgrade.
The name and seat of the Constitutional Court shall be displayed in the prominent place of the court building.
The flag of the Republic of Serbia shall be displayed in premises the Court session is held.
The Constitutional Court shall have a seal shaped in accordance with the law.
The Constitutional Court can have a logo and the shape, content and modes of display of the logo shall be regulated by the internal document of the Constitutional Court.

The Constitutional Court judge shall be entitled to immunity from the date of assuming the office to the day the judgeship is terminated.
The Constitutional Court judge shall not be held criminally or otherwise liable for expressing the opinion or voting in performing their judicial function.

The Constitutional Court judge who invoked his/her immunity shall not be detained or criminal or any other proceedings that may result in an imprisonment sentence, shall be conducted against him/her, without the approval granted by the Constitutional Court.
The Constitutional Court judge caught in the very act of committing a crime, punishable by an imprisonment sentence for a term over five years, may be detained without the approval granted by the Constitutional Court.
In criminal or any other proceeding instituted against the judge, whose immunity was established, limitation periods shall be stayed.
In case the immunity was not invoked by the judge, the Constitutional Court`s right to invoke it shall not be denied.
The Constitutional Court shall review the immunity of the Constitutional Court judge upon the request for review, at the first subsequent session of the Constitutional Court.
The Constitutional Court judge, whose immunity is to be reviewed, shall not take part in voting process.

 

Participants in the session shall be the following : the President, the Deputy President and judges of the Constitutional Court.

At the Session of the Constitutional Court, the judges shall decide in matters falling within the competence of the Constitutional Court, as specified by the Constitution

In addition to the tasks specified in paragraph 1 of this Article, the Constitutional Court at the session, in accordance with the Law on the Constitutional Court (hereinafter: the Law) and other regulations, shall also carry out the following tasks:
- adopt general acts falling within its competence;
- establish the annual plan and schedules of activities of the Constitutional Court and adopt the annual report on the Constitutional Court operation;
- establish permanent and ad hoc the Constitutional Court working bodies and appoints the chairpersons, members and secretaries to those permanent or ad hoc bodies;
- decide on initiating the cooperation with other Constitutional Courts and international organizations;
- draft an annual financial proposal plan for the Constitutional Court, adopt the implementation plan for the budget execution, annual report on budget execution and public procurement plan;
- adopt the act on classification of jobs and tasks in the Professional Services Department of the Constitutional Court and on office positions;
- adopt the rule book on internal organization and systematization of jobs and staffing plan;
- decide on rights, duties and responsibilities of the Constitutional Court President, Deputy President and Judges, in accordance with the Constitution and Law;
- appoint the Secretary General for the Court and Deputy Secretary General and other civil servants to be holding official positions with the Constitutional Court Professional Services Department;
- decide on rights, duties and responsibilities of civil servants holding official positions with the Constitutional Court Professional Services Department, in accordance with Law;
- adopt the act on designation to the Constitutional Court cases;
- appoint the President and members of the Appellate Commission of the Constitutional Court;
- decide on other issues prescribed by the Law, these Rules of Procedure and other acts Constitutional Court acts.

The Constitutional Court President, in addition to rights and duties set out by the Law shall carry out the following tasks: act o behalf the Constitutional Court before the state bodies of the Republic of Serbia, other domestic and international bodies and organizations, take care of safeguarding the independent status of the Constitutional Court; manage the work of Court; when necessary for carrying out tasks from the Court’s scope of tasks, provide for judicial attendance after working hours; sign general and other acts issued by the Constitutional Court; issue individual acts, in accordance with Law; direct allocation of financial resources; review complaints of the parties regarding the work of the Court; decide on rights and duties of civil servants and employees with the Constitutional Court Professional Services Department, in accordance with Law; decides on small scale public procurement, in accordance with the act of the Constitutional Court; approve business trips abroad; perform other tasks prescribed by Law, these Rules of Procedure and other acts of the Constitutional Court.
The Constitutional Court President could delegate to the Deputy President some tasks from the scope of his/her tasks.
The Constitutional Court President shall be assigned judge-rapporteur, in accordance with the act of the Constitutional Court.

The Constitutional Court Deputy President shall substitute for the President of the Constitutional Court in instances when the latter is prevented from performing his or her duties or absent.
The Constitutional Court Deputy President shall perform the function of the Constitutional Court President when the President is not elected.

Most Senior Judge

In instances when the Deputy President of the Constitutional Court is not elected or is absent or prevented from substituting for the Constitutional Court President, tasks set out by the Article 7 of these Rules of Procedure shall be carried out by the most senior judge.

The Constitution Court judge shall: take part in Court operations and adjudication; perform tasks of judge-rapporteur and as such put proposals in the assigned case; draft the decision or ruling for Redaction Commission, in cases he/she carried the tasks of the judge-rapporteur; put forward for consideration the proposal to initiate the proceedings for review of constitutionality and legality; suggest re-review of the Court decision, in accordance with these Rules of Procedure; take part in the work of the commissions, committees and other working bodies of the Constitutional Court; obtain expert opinions on issues relevant for deliberation in the particular case; get updated on issues of importance for constitutionality and legality and suggest to the Court investigating particular matters or taking appropriate measures; perform other tasks relevant for the Court operations and adjudication.

The Constitutional Court President, Deputy President and Judges shall be issued the official identification cards.
The shape and content of the identification card from the paragraph 1 of this Article shall be defined by the Constitutional Court.
Upon the termination of office, the official identification card shall be returned to the Constitutional court.

The Constitutional Court judges are to wear judicial attire whose design and terms of use are determined by an act of the Constitutional Court.

Сonstitutional Court Secretary General

The Constitutional Court Secretary General shall: manage the operations of the Constitutional Court Professional Services Department; assist Court President in organizing and preparing for the Constitutional Court sessions; ensure that the material necessary for the work and decision rendering by the Court and its working bodies is produced and distributed; see to implementation of the Court`s conclusions; ensure that the acts of the Constitutional Court are published; see to implementation of the law and these Rules within the scope of his/her competence; take part in drafting program proposals, work plans and annual reports of the Constitutional Courts activities and follow up the implementation of those documents in order to keep the Court informed; see to preparation and execution of all acts on financial operations of the Court; provide for and strive to improve conditions for the work of the Constitutional Court and its working bodies; carry out other tasks, in accordance with Law and acts of the Court and the tasks assigned by the Constitutional Court President, or on his/her behalf.

The Constitutional Court Secretary General shall be assisted by the Deputy Secretary General.
When prevented from carrying out tasks or absent from office, the Secretary General is substituted for by the Deputy Secretary General who shall also carry out other tasks set out by the act of the Constitutional Court and tasks assigned by the Constitutional Court President, or on his/her behalf.

Appointment and Dismissal of the Secretary General and Deputy Secretary General

The Constitutional Court Secretary General and Deputy Secretary General are appointed and dismissed by a majority vote of all the Constitutional Court judges, in accordance with Law.
Dismissal proceedings for the Secretary General and the Deputy Secretary General could be initiated by the Constitutional Court President, working body or judge.

The Constitutional Court Professional Services Department is tasked with providing expertise on constitutional matters within the jurisdiction of the Constitutional Court and other related tasks as well as legal, financial, administrative and other general affairs in the Constitutional Court scope of competence.
The Constitutional Court reviews the annual report on the Constitutional Court Professional Services Department activities, submitted by the Secretary General.

The Constitutional Court Professional Services Department shall be comprised of:
1. The Constitutional Court Operations Office;
2. Office of the President of the Constitutional Court;
3. General and Financial Affairs Office.
Within the Offices from paragraph 1 of this article, organizational units could be established, in accordance with the act of the Constitutional Court.
The Offices from paragraph 1 of this article shall be managed by the Heads of Offices, civil servants who hold official positions.
Scope of tasks, carried out by civil servants who hold official positions, shall be regulated by the act of the Constitutional Court, in accordance with Law.

Civil servants with the Constitutional Court Professional Services Department, assigned to cases (hereinafter referred to as: Judicial Clerk Assigned to the Case) shall be tasked with legal case management of cases within jurisdiction of the Constitutional Court.
Judicial clerk assigned to the case shall: perform tasks in the Constitutional Court preliminary proceedings; take part in drafting opinions and draft decisions; take part in drafting decision for the Redaction Commission; take part in the work of standing and ad hoc working bodies of the Court; conduct proceedings on petitions from Article 104 of these Rules and carry out other expert tasks set out by the act of the Constitutional Court.

 

 

The Constitutional Court shall render decision on instituting the Constitutional Court President election proceedings at least 30 days before the term in office of the incumbent President shall expire.
In instances the Constitutional Court President`s function has ended prior to the date on which his/her term in office shall expire, the decision from the paragraph 1 of this Article the Constitutional Court shall be rendered at the first regular session after the President`s function has ended.
The election proceedings from paragraphs 1 and 2 of this Article shall be completed within a period of 30 days after the decision of the Constitutional Court to institute the proceedings was rendered.

The nomination of the candidate for the Constitutional Court President, containing reasons for such a proposal, in accordance with Law, shall be submitted to the incumbent President in written form, signed by the propounder.

The Constitutional Court shall put together the list of candidates for the Constitutional Court President and establish the Commission for conducting voting procedure.
The Commission from paragraph 1 of this Article shall be consisted of the President and two members from among the judges of the Constitutional Court who are not running for the position of President.

Voting on nominated candidates for the Constitutional Court President position shall be conducted by encircling the number assigned to the candidate on the ballot paper which shall be dropped into the ballot box. The Commission shall determine the results of voting and draw up a written report on the procedure.
A report from paragraph 2 of this Article shall be delivered to the Constitutional Court President in order to announce the results of voting at the regular session of the Constitutional Court.

In instances when only one candidate has been nominated for the Constitutional Court President position and he/she had not won a majority of the votes of all judges, election proceedings shall be repeated within a time period set by the Constitutional Court.
In instances when two candidates have been nominated and none of the candidates had won a majority of the votes of all judges, the vote shall be repeated. In the second round of voting, the candidate who had won the majority of the votes in the first round shall be voted on.
In instances when more than two candidates were nominated and none of the candidates had won a majority of the votes of all judges, the vote shall be repeated. In the second round of voting, the two candidates who had received the most votes in the first round of voting or an equal number of votes shall be voted on.
Repeating of voting from paragraphs 2 and 3 of this Article, shall be conducted within seven days after the date on which the previous round took place, at the latest. In instances when neither of candidates had received the necessary number of votes after the repeated voting, the election procedure for the Constitutional Court President shall be repeated in their entirety.

Proceedings for removal from office of the Constitutional Court President shall be instituted upon receipt of the motion, containing reasons for removal, submitted by at least three Constitutional Court judges, shall be conducted within a period of 15 days after the date on which the motion had been submitted.
Decision on removal from office of the Constitutional Court President, shall be rendered by the majority of votes of all Constitutional Court judges.
Provisions of these Rules on election proceedings for the position of the Constitutional Court President shall be applied accordingly to removal from office proceedings from paragraph 1 of this Article.

Provisions of these Rules, on election and removal from office proceedings for the position of the Constitutional Court President, shall accordingly be applied on election and removal from office proceedings of the Constitutional Court Deputy President.

The Constitutional Court President shall convene the Constitutional Court session for establishing grounds for removal from office of the Constitutional Court judge, within a period of seven days after the motion was received, when submitted by a propounder authorized to submit a motion for removal from office.
In instances when the motion was submitted for removal from office of the judge who holds office of the Constitutional Court President, the session from paragraph 1 of this Article shall be convened and presided over by the Constitutional Court Deputy President.
The judge whose removal from office was put forward for consideration, shall be asked to give written response to the motion, prior to the session from paragraph 1 of this Article.
The Constitutional Court may establish a special commission, tasked with collecting necessary documentation, data and pieces of information of importance for rendering decision whether the grounds have been established for removal from office of the Constitutional Court judge. The act on forming the commission, shall include the data on its composition, tasks and time limits for execution of those tasks.
The Constitutional Court shall not render decision on whether the grounds for removal from office have been established until the judge whose removal had been considered was provided opportunity to give his/her response. Should the judge miss the deadline for the response, the Constitutional Court shall continue the procedure.
The Constitutional Court judge whose removal from office had been considered, shall not take part in rendering decision on whether the grounds for removal from office had been established
The service of the decision the Constitutional Court rendered on establishing the grounds for removal from office of the Constitutional Court judge shall be made to the authorized propounder, the National Assembly and the judge whose removal has been considered.

During proceedings for establishing grounds for removal from office of the Constitutional Court judge, the Constitutional Court may render decision on suspension from duty of that judge.
In rendering decision on suspension, the judge whose suspension has been considered, shall not take part.
The Article 25 paragraph 2 of these Rules shall be accordingly applied to convening and conducting the session at which the decision on removal from office of the Constitutional Court President, shall be rendered.
Had the Constitutional Court not established the grounds for removal from office of the Constitutional Court judge, the decision on suspension from duty shall cease to be in effect.
Had the Constitutional Court established the grounds for removal from office of the Constitutional Court judge, the decision on suspension from duty shall be in effect until the decision on removal from office shall come into effect.

Initiative for instituting proceedings for removal from office of the Constitutional Court judge may be submitted by the Constitutional Court.
The motion from paragraph 1 of this Article, in written form and containing reasons for removal, may be submitted by the President, working body or at least three Constitutional Court judges.
The Constitutional Court shall render decision on the motion from paragraph 2 of this Article within a period of 30 days after the date on which the motion had been submitted, at the latest.

 

 

The Constitutional Court shall work at Constitutional Court sessions and working bodies’ sessions.
Sessions from paragraph 1 of this Article shall be the following: regular, preparatory and working session.
The Constitutional Court shall establish commissions as standing working bodies (hereinafter: standing commissions).
The Constitutional Court shall establish Constitutional Complaint Committees as standing working bodies.
The Constitutional Court may establish ad hoc working bodies..

At regular sessions, the Constitutional Court shall render decisions on matters from Article 5 of these Rules.
The regular session of the Constitutional Court shall be held in the Constitutional Court premises, once a week, as a rule.
The session from paragraph 1 of this Article may be held out of premises of the Constitutional Court, upon the decision of the Constitutional Court on that matter.

At the working session of the Constitutional Court, the agenda shall include constitutional matters from cases that shall be heard at regular session of the Constitutional Court and other issues of importance for the work of the Constitutional Court and adjudication.
As a rule, working session shall be held once a week, convened by the Constitutional Court President on his/her initiative or upon the decision of the Constitutional Court in the form of conclusion or at the request of the Constitutional Court working body or judge.
The request for convening the working session shall be accompanied with the appropriate material and documentation necessary for the work.
The Constitutional Court Secretary General shall be tasked with preparing material for a working session.
The Constitutional Court Secretary General and, as may be necessary, other civil servants also, shall take part at working session.
Minutes at working session shall be taken by the Constitutional Court Secretary General.

Preparatory session, shall be convened by the Constitutional Court, when matters in question call for additional clarification..
Preparatory session shall be convened by the Constitutional Court President, on his/her own initiative, upon request by the Constitutional Court judge or upon the decision of the Constitutional Court in the form of conclusion.
At the preparatory session, the Constitutional Court shall determine the necessity for calling a public hearing or consultative meeting, the time-frame and date on which the session shall be held and participants to the public hearing or consultative meeting.
The Constitutional Court Secretary General and judicial clerk assigned to the case, as may be necessary, other civil servants also, shall take part at preparatory session.
For the preparatory session, the judge-rapporteur shall draft an opinion on matters in question and, as may be necessary, suggest calling for public hearing or consultative meeting.
Minutes at the preparatory session shall be taken by the judicial clerk assigned to the case.

Constitutional Court Standing commissions shall be the following:
1. Redaction Commission;
2. Commission for Monitoring Achieved Compliance with the Constitution and Law ;
3. Organizational and Financial Affairs Commission.
Constitutional Court Standing Commissions shall be consisted of the president and three members.
President and members of standing Commissions shall be appointed from among Constitutional Court judges, for a three-year term and may be re-appointed for another term with the same commission.
In instances when the president of a commission was prevented from performing his/her tasks or absent, he/she shall be substituted for by a commission member, according to alphabetical order of their last names.
The Constitutional Court shall appoint secretaries to the Standing Commissions from among civil servants who hold official positions.

The Redaction Commission shall: prepare the final text of decisions and rulings rendered by the Constitutional Court and also, upon the conclusion of the Constitutional Court, final texts of other acts issued by the Constitutional Court; put forward the proposal for reconsideration of any act issued by the Constitutional Court, before its distribution, in instances when grounds for reconsideration have been established; consider issues in relation to the drafting methodology of the Constitutional Court acts and publishing bulletins or other publications of the Constitutional Court.

Commission for Monitoring Achieved Compliance with the Constitution and Law shall: keep track of regulations, issues and matters of interest for achieving and protecting constitutionality and legality and analyze them. In relations to all those matters, the Commission shall put forward for consideration proposals to the Constitutional Court to review, take a position on particular issues and establish opinions and proposals; organize consultations and meetings within the Constitutional Court and facilitate participation of the Court representatives in consultations and meetings; put forward for consideration proposals for interpretation of provisions of these Rules.

Organizational and Financial Affairs Commission shall: monitor and analyze the organization and mode of work of the Constitutional Court and its working bodies, and set forth the appropriate proposals to the Constitutional Court, in relation to those matters; draft a proposal of an annual financial plan, the proposal of an implementation plan for the budget execution and the proposal of an annual report on budget execution;
draft proposals on acts on rights, duties and responsibilities of the Constitutional Court President, judges, civil servants and employees with the Professional Services Department; draft a proposal on an act on classification of jobs and tasks in the Professional Services Department of the Constitutional Court and on office positions; draft a proposal of a the rule book on internal organization and systematization of jobs in the Professional Services Department of the Constitutional Court and; review proposals for appointments of civil servants who hold official positions; consider potential technical and technological improvements of work of Court and put forward for consideration suggestions and opinions; draft a proposal of staffing plan; draft a proposal of public procurement plan; review issues on providing and executing budgetary resources and providing for other resources for the work of Court.

Constitutional Complaints Committees of the Constitutional Court shall be the following:
1. Constitutional Complaint Committee on Criminal Law Matters;
2. Constitutional Complaint Committee on Civil Law Matters;
3. Constitutional Complaint Committee on Administrative Law Matters.
The Constitutional Court may also establish other Constitutional Complaint Committees.
Constitutional Complaint Committees shall consist of the president and two members.
The president and members of the Constitutional Complaint Committees shall be elected from among the judges of the Constitutional Court for a three-year term and may be re-appointed for another term with the same Committee upon the expiry of the first term.
In instances when the Committee president shall be prevented from performing his duty or absent, ha/she shall be substituted for by the Committee member, according to alphabetical order of their last names. The absent Committee member shall be substituted for by the member of other Court Committee, according to the schedule set out by the Court annual work plan.
Secretaries to the Constitutional Complaint Committees shall be appointed from among civil servants who hold official positions.

The Constitutional Court Committee shall review draft judgment made by the judge-rapporteur in constitutional complaint case and provide opinion on that draft.

The Constitutional Court act on establishment of an ad hoc working body shall contain the composition and scope of tasks of that working body.

 

 

Filings submitted to the Constitutional Court shall be accepted and entered into the registry in the Court Registry Office, with timestamping based on astronomical time measuring.
Motion, petition, constitutional complaint and other act aimed at initiating the proceedings, or initiative, shall not be accepted in oral form, by the statement provided orally to the Constitutional Court and subsequently produced transcript thereof.
Filings and attachments shall be submitted to the Constitutional Court in three copies.
Filings submitted to the Constitutional Court in electronic form, by fax transmission or telegram shall not be considered filings which instituted the proceedings or initiated institution of proceedings before the Constitutional Court.

Cases shall be assigned to judge-rapporteurs according to the intake time sequence and type of the proceedings before the Constitutional Court, and type of the contested act and alphabetical order of judges` last name.
The Constitutional Court Secretary General shall, in the form of information on received cases, propose the name of the judge-rapporteur and judicial clerk who shall be assigned to the case, following criteria from paragraph 1 of these Rules. The information shall be provided once in seven days, as a rule, and shall be accepted by the Constitutional Court at regular session.
The judge-rapporteur and the Constitutional Court Secretary General may put forward for consideration the proposal to join the filing or review it separately from already existing case files. The proposal shall be included into information provided to the Constitutional Court for acceptance, pursuant the paragraph 2 of this Article.
The Constitutional Court may assign other judge-rapporteur in instances when the originally assigned judge-rapporteur was absent from office for a long time or took part in preparing and issuing the contested act or in taking the contested action, as an exception to the rule set out by paragraph 1 of this Article.

In proceedings for review of constitutionality of the law not yet promulgated, on electoral disputes, rendering decisions on whether the President of the Republic violated the Constitution, as well as in constitutional complaint proceedings calling for prompt action of the Constitutional Court, the Secretary General shall, immediately upon the receipt of the act aimed at instituting the proceedings, prepare the information based on criteria set out in Article 40 paragraph 1 of these Rule and deliver it to the Constitutional Court President for acceptance.
The Constitutional Court President shall, upon the receipt of information from paragraph 1 of this Article, without delay, assign to the case the judge-rapporteur and judicial clerk and forward the information thereof to the Constitutional Court judges.

In instances when multiple filings or initiatives for review of constitutionality of the same law or constitutionality and legality of other general act were submitted, the Constitutional Court shall, as a rule, join all filings or initiatives and conduct one proceeding and render one decision.
In cases from paragraph 1 of this Article, filings or initiatives subsequent to the original filings or initiatives, shall be joined to the latter, had the Constitutional Court not rendered decision on the former. The filings or initiatives subsequently submitted shall keep the case files numbers designated at the time they were entered into the registry but the proceedings shall be continued under the case files number designated to the case when originally opened.
In instances when filings or initiative are aimed at contesting several general act or acts issued by varying bodies, or the nature of relations regulated by contested general act shall hinder joint review and decision rendering, the Constitutional Court may conduct separate proceedings on such varying contested acts or constitutional matters.
Provisions from paragraphs 1 through 3 of this Article shall be applied accordingly in other proceedings before the Constitutional Court.

Preliminary proceedings before the Constitutional Court shall entail: determining whether the procedural requirements for instituting and conducting proceedings and rendering decisions, have been fulfilled; collecting necessary data, pieces of information and documentation; serving and act aimed at instituting proceedings or initiative on other parties for response or opinion.
Preliminary proceedings shall be conducted by a judge-rapporteur , assisted by the judicial clerk assigned to the case.

In instances when a motion, constitutional complaint, petition or other act aimed at instituting the proceedings, or initiative, are incomprehensible, incomplete, lacking data necessary for conducting proceedings or inadequate in any other way , thus preventing proceedings from being conducted, the Constitutional Court shall request from the petitioner to correct deficiencies within a period of 15 days. The Constitutional Court shall also warn the petitioner about the consequences of non-acting upon Court`s request.
If the deficiency of the act from paragraph 1 of this Article has been corrected within the given time frame it shall be considered submitted in a timely manner on the date it was originally submitted.

When the procedural requirements for instituting and conducting proceedings have been fulfilled, the Constitutional Court shall, after the screening of filing, serve the act aimed to instituting the proceedings, or initiative, to the issuer of the contested act, for response, or opinion, to be sent to the Court within the set time frame.
For justified reasons, the Court may extend the time frame given for the response , or opinion, when giving the extension has been asked by the issuer of the contested act.
When the response, or opinion, was not sent to the Court within the set time frame, the Court may continue the proceedings.

The judge–rapporteur shall prepare the first draft decision and forward it to the Court President after the screening of motion, petition, initiative or other act aimed at instituting the proceedings before the Constitutional Court had been done, the response, or opinion on that act sent by the issuer of the contested act, had been received by the Court or the deadline for sending it had expired and after data, pieces of information and documentation necessary for rendering decision by the Court, had been collected.
The first draft decision from paragraph 1 of this Article shall, as a rule, include: name or title of the person who initiated the proceedings, the date on which the filings had been submitted, the content of the claim, the content of contested provisions of the general whose review of constitutionality or legality has been requested or the content of the individual act, factual and legal findings, analysis of the constitutional issue in question, expert opinions, if collected during the proceedings and the draft judgment on issue in question.
Enclosed to the first draft decision shall be: petition, initiative or any other filings that served as a basis for instituting proceedings; response, or opinion of the issuer of the contested act; authentic text of the contested provision of the general act or contested individual act; other collected documentation necessary for rendering decision and issue in question i.e. provisions of the contested act that are being reviewed.
In constitutional complaint proceedings or any other appellate proceedings from the jurisdiction of the Constitutional Court, the judge-rapporteur shall prepare the first draft decision and forward it to the Constitutional Court President, together with the documentation necessary for the Constitutional Court to render decision.
The first draft decision and draft judgment prepared for the Constitutional Court session shall not be made public before adjudication at the Constitutional Court session..

Public hearing shall be called and presided over by the Constitutional Court President.
Parties to the proceedings and other persons invited to a public hearing shall be summoned for a hearing by written invitation served not less than eight days prior to the public hearing.
The Constitutional Court may set a shorter time limit for serving written invitations on an exceptional basis..

The invitation for public hearing shall include the matter which is a subject of a public hearing, the date and venue where it shall be held.
For the public hearing, the judge-rapporteur shall prepare the presentation which shall be distributed to all parties to the proceedings and other invited participants to the public hearing.
The presentation from paragraph 2 of this Article shall include specifically: the content of the claim contained in the act aimed to instituting the proceedings, the content of contested provisions of the general act whose review of constitutionality or legality has been requested , analysis of the constitutional issue in question and expert opinions, if collected during the proceedings.

The Constitutional Court President shall announce the matter which is a subject of a public hearing , determine presence of all parties to the proceedings and other invited participants to the public hearing and give the floor to the judge-rapporteur.
At a public hearing, the judge-rapporteur shall present legal issues in relation to the issue in question, withholding suggestions on the court decision to be rendered.
After the presentation of the judge-rapporteur, the parties to the proceeding shall present their arguments and facts of interest for the clarification of the issue in question.
During a public hearing, judges of the Constitutional Court may, withholding their opinions, pose questions and ask for clarification from the parties to the proceedings and other participants invited to the public hearing , on all issues pertaining to the matter which is a subject of a public hearing.

The Constitutional Court President shall be in charge of maintaining order at a public hearing.
The Constitutional Court President may, after a warning, take the floor from a person who abuses the right to speak or order a party the proceedings or any other present person that violates the order in public hearing, to leave the courtroom.

Records of public hearings shall be made as audio recordings or any other appropriate type of recordings.
Transcripts of audio recordings, or any other type of recordings, shall be made by the judicial clerk assigned to the case.
Audio recordings, or any other type of recordings, shall be enclosed to the transcripts.

In the course of proceedings, before rendering decision, the Constitutional Court may hold a consultative meeting on issues of importance for adjudication of a case.
The consultative meeting shall be called for and presided over by the Constitutional Court President, at the initiative of the judge-rapporteur or the Constitutional Court President.
Representatives of state bodies and organizations, scholars and other experts shall be invited to a consultative meeting.
The Constitutional Court may also decide to invite to the consultative meeting parties to the proceedings.
Consultative meeting from paragraph 1 of this Article, may be presided over by the judge-rapporteur, upon the approval by the Constitutional Court President.
Participants to the consultative meeting shall be summoned for that meeting by written invitation served not less than eight days prior to the date on which it shall be held. Presentation on constitutional issue in question which is the subject of a meeting with all necessary attachments, shall also be served.
The judicial clerk assigned to the case shall take minutes of the consultative meeting, in accordance with the provisions of Article 51 of these Rules.

The Constitutional Court sessions shall be called for and presided over by the President of the Constitutional Court at his/her own initiative, upon the conclusion issued by the Constitutional Court, at the request of the working body or at least three of the Constitutional Court judges.
The Сonstitutional Court judge who shall not be present at the Constitutional Court session is obliged to inform the Constitutional Court President on his/her absence and reasons which prevented him/her from attending the session.

Notice of session, accompanied with the draft agenda, appropriate constitutional law documentation and other working material shall be distributed to judges no less than five days prior to the date on which the Constitutional Court session shall be held.
Notice of session , with attachments from paragraph 1 of this Article , shall also be distributed to the Constitutional Court Secretary General and civil servants who perform tasks within the Constitutional Court jurisdiction.
In proceedings for review of constitutionality of the law not yet promulgated, on electoral disputes, on constitutional complaints calling for prompt action of the Constitutional Court and rendering decisions on whether the President of the Republic violated the Constitution, the time frame from paragraph 1 of this Article may be shorter.

The Constitutional Court President shall open the session and establish whether the judges are attending it in number adequate for the Constitutional Court deliberation and adjudication .
The Constitutional Court judge, who was prevented from attending the session, may provide written opinion on draft agenda and issue to be deliberated, which shall be read at the Constitutional Court session.
Each judge may propose addenda to the proposed agenda, accompanied by an oral explanation of such proposal. The Constitutional Court shall decide on that proposal by a majority of votes of all judges.
In instances when a judge, who is also a judge-rapporteur, proposes the deletion of a case from the agenda and provides an oral explanation, this proposal shall be neither deliberated nor voted upon. The deletion of a case from the agenda shall be recorded in the minutes, together with the note that it was done at the request of the judge-rapporteur and the time frame for the case to be resent to the Constitutional Court President for including into a draft agenda of a future session.
The agenda shall be adopted when the majority of all Constitutional Court judges vote for adopting it.

Upon the adoption of the agenda the Constitutional Court president shall give the floor to the judge rapporteur.
At the Constitutional Court session the judge rapporteur may make the addenda or changes to the draft opinion he/she suggested for adjudication.
The Constitutional Court President may warn the judge-rapporteur of the length of his/her oral presentation on the case.

Upon the presentation made by the judge-rapporteur, the Constitutional Court President shall announce the case deliberation.
After the conclusion of deliberation on a case, the President of the Constitutional Court shall summarize the proposals made during deliberations and call on the judge-rapporteur to present his or her stance.
The proposal accepted by the judge-rapporteur shall be deemed component of his/her draft opinion.

Upon closing of deliberation, the Constitutional Court shall vote at a closed session.
Voting on every proposal shall be done by show of hands "in favor" or "against" each proposed component of the Court`s decision.
The Constitutional Court President or any Constitutional Court judge may put forward for consideration voting by roll call where each judge shall state "in favor" or "against" each proposal.
The Constitutional Court shall render decisions by majority of votes off all judges, except for the decisions on instituting proceedings for review of constitutionality and legality, at the initiative of the Court itself, when majority two-thirds of all judges shall be required.

In instances when the proposal is related to preliminary issues to be decided on, the first round of voting shall be on such proposal.
Only the proposals put forward for consideration by the judge-rapporteur, shall be voted on at sessions.
In instances when the proposal of the judge-rapporteur shall not be accepted a new draft opinion or decision shall be prepared.
The Constitutional Court may assign another judge-rapporteur for preparing a new draft opinion, or decision, from the paragraph 3 of this Article, at the request containing reasons for such a proposal, put forward for consideration by the originally assigned judge.

A judge shall be obliged to vote on the proposal put forward for consideration by the judge-rapporteur, except in cases when he/she participated in the drafting or enactment of a general or individual act, or in taking an action, which is the subject of the Constitutional Court adjudication.
If the requirements for abstention from voting from paragraph 1 of this Article are met, the judge shall be obliged to notify the Constitutional Court President thereof, in writing, prior to the Constitutional Court session.
The Constitutional Court shall decide on whether the requirements for abstention from voting are met.

A judge shall have the right to a dissenting opinion if the Constitutional Court renders a decision or ruling whose disposition or reasoning are opposed by the judge.
A judge who shall assume a dissenting opinion from paragraph 1 of this Article, shall be obliged to orally announce it at the Constitutional Court session, upon rendering decision or ruling.
The judge who assumed a dissenting opinion shall have the right to request the dissenting opinion to be published together with the decision or ruling rendered by the Constitutional Court.
The Constitutional Court judge shall be obliged to provide written statement of reasons for the dissenting opinion and forward it to the Constitutional Court President within a period of seven days after the date on which the decision or ruling was rendered.
The decision or ruling shall not be sent out for publication until the delivery of the dissenting opinion or until the expiry of the time limit from paragraph 4 of this Article.
If the dissenting opinion is not delivered to the Constitutional Court President prior to the expiry of the time limit from paragraph 4 of this Article, the decision or ruling shall be sent out for publication, while the subsequently delivered dissenting opinion shall be bound in the Constitutional Court case file and become an integral component thereof.
The dissenting opinion shall be published in the collection of the decisions rendered by the Constitutional Court, in the same volume as the decision or ruling to which the dissenting opinion was assumed.
Provisions from paragraphs 1 through 7 of this Article shall be applied accordingly to the joint dissenting opinion of several judges.

The Constitutional Court President shall be in charge of maintaining order at a session. He/she may issue warning, pronounce reprimand and order removal of a person disturbing the work at session.
The Constitutional Court President may temporarily conclude or adjourn the session if he/ she assesses that the circumstances in the courtroom do not provide unimpeded course of session.

The Constitutional Court session minutes shall include specifically the following: date on which it was held; names of present and absent Constitutional Court judges and other persons who were to attend the session; subject of deliberation and adjudication; disposition of the Constitutional Court decision or ruling or conclusion; as may be necessary a short summary of deliberations on subject in question; outcome of voting. In instances when the decision of the Constitutional Court was rendered by majority of votes, minutes shall contain the names of judges who voted “in favor” or “against”, judges who assumed dissenting opinions and judges who abstained from voting.
The draft minutes shall be prepared by the Constitutional Court Secretary General. Minutes of the session shall be adopted, as a rule, at the Constitutional Court session to follow and shall be co-signed by the Constitutional Court President and Secretary General.
The excerpt of minutes on the subject of adjudication, shall be drafted by the judicial clerk assigned to the case and co-signed by the Constitutional Court President and the judicial clerk assigned to the case. The excerpt of minutes shall be enclosed to the case files.

An audio recordings or any other appropriate type of recordings, shall be made of a session.
An audio recordings or any other appropriate type of recordings shall be enclosed to the minutes of a session.

Upon concluding a public hearing, in cases when one has been held, the Constitutional Court shall render decision at the adjudication and voting session.
For the adjudication and voting session , the judge-rapporteur shall prepare a presentation containing draft decision to which the minutes from the public hearing shall be attached.
At the adjudication and voting session, the judge-rapporteur shall present case legal and factual findings and put forward for consideration a draft decision.
Upon adjudication, the Constitutional Court shall render decision by voting, in a manner set out by Article 58 of these Rules..
The Constitutional Court judge, who was prevented from attending the adjudication and voting session, may provide written opinion on the case or issue to be deliberated, which shall be read at the Constitutional Court session during adjudication.
The Constitutional Court Secretary General and the judicial clerk assigned to the case shall also attend the adjudication and voting session
Provisions of these Rules on the course of regular session, shall be applied accordingly to the course of the adjudication and voting session.

Proceedings for review of constitutionality and legality of a general act shall be instituted by the petition submitted by the authorized petitioner or by a ruling on instituting proceedings.
The Constitutional Court may institute proceedings for review of constitutionality and legality of a general act at a written request of the Constitutional Court President, working body or judge.
Request fro paragraph 2 of this Article shall contain elements prescribed by the Law.

In instances when the proceedings have been instituted by a petition, the Constitutional Court shall, as a rule, render decision on a proposal for discontinuation of execution of an individual act or action, taken on the basis of the contested general act whose constitutionality or legality is to be reviewed, within a period of 90 days after the date on which the petition had been received.

In instances when the issuer of the contested act issues an act on changing or revoking of a contested act, the Constitutional Court shall request from the authorized petitioner, or those who submitted initiative, to provide within a set time frame, a response on whether they adhere to their petition or initiative.
If the petitioner withdraws the petition, or drops the initiative, or does not provide the response within a set time frame, the Constitution Court shall conclude the proceedings, if there was no grounds to continue them at the Court`s initiative.

Provision of Law and these Rules applied on the proceedings for review of constitutionality or legality of the law, shall be applied accordingly on proceedings on review of conformity of an international treaty with the Constitution.

The Constitutional Court President shall, without delay, notify the President of the Republic of instituting proceedings for review of constitutionality of law before its promulgation.

The Constitutional Court shall render decision on postponing effective date of a decision of the autonomous province, requested by the Government, within the period of 45 days after the date on which the motion had been received.
In instances when the Constitutional Court renders ruling to postpone effective date of a decision of the autonomous province, the decision on review of constitutionality and legality of the contested decision, shall be, as a rule, rendered within a period of 60 days after the date on which the ruling on postponement had been rendered.

The judge-rapporteur shall determine whether the procedural requirements for conducting proceedings on constitutional complaint, have been fulfilled.
In instances when procedural requirements for conducting constitutional complaint proceedings, have not been fulfilled, the judge-rapporteur shall prepare the draft ruling on dismissing the constitutional complaint and forward it to the Constitutional Court President for calling a session.
The judge-rapporteur may decide on sending the constitutional complaint for response to the state body or organization vested with public powers, against whose individual act or action, the constitutional complaint had been submitted. He/she shall set the time limit for responding and submitting case files or other pieces of evidence or information, necessary for adjudication.
In instances when the procedural requirements for conducting constitutional complaint proceedings, have been fulfilled, the judge-rapporteur shall prepare the draft decision to be forwarded to the President of an appropriate Constitutional Complaint Committee , (hereinafter: Committee).

A Committee may request from the judge-rapporteur to provide additional data and information of importance for rendering decision in constitutional complaint proceedings.
In instances when the Committee finds that the constitutional issue in question is completely deliberated, it shall prepare a written opinion on draft decision.
The draft decision with the Committee opinion shall be forwarded to the Constitutional Court President for adjudication at the Constitutional Court session.

Оn a motion to temporary suspend the execution of an individual act or action, whose review had been requested by the constitutional complaint, the Constitutional Court shall, as a rule, render decision within a period of 90 days after the date of entry into force of these Rules.

The Constitutional Court Session for establishing if the proceedings for impeachment of the President of the Republic had been instituted in compliance with the Constitution and Law, shall be held within a period of seven days after the act of the National Assembly had been received.
Notice of session from paragraph 1 of this Article, accompanied with the appropriate documentation shall be distributed to judges no less than two days prior to the date on which the Constitutional Court session shall be held.
In instances when the Constitutional Court established that the proceedings for impeachment of the President of the Republic had not been instituted in compliance with the Constitution and Law, the act of the National Assembly aimed at instituting proceedings shall be dismissed.
In instances when the Constitutional Court established that the proceedings for impeachment of the President of the Republic had been instituted in compliance with the Constitution and Law, the time limit for the response of the President of the Republic to the act of the National Assembly shall be set.

Notice of session for deliberation on whether the President of the Republic violated the Constitution, accompanied with the appropriate documentation shall be distributed to the Constitutional Court judges and to the Speaker of the National Assembly no less than seven days prior to the date on which the Constitutional Court session shall be held.
Notice from paragraph 1 of this Article shall contain a warning to all parties to the proceedings that the deliberation shall be held in their absence if no justified reasons had prevented them from attending the session..
For the Constitutional Court session from paragraph 1 of this Article, the judge-rapporteur shall prepare a presentation to be distributed to the Constitutional Court judges.

Upon opening the deliberations, the Constitutional Court President shall announce the matter in question, determine presence of summoned persons and whether all of them have been properly served as well as whether those not present justified their absence.
In proceedings for determining whether the President of the Republic violated the Constitution, the National Assembly shall be represented by the Speaker of the National Assembly.
In deliberations before the Constitutional Court, the President of the Republic may be represented.
In instances when one or both parties to the proceedings are absent, the Constitutional Court shall decide on continuing or adjourning the deliberations.
Upon determining the requirements for deliberations, the Constitutional Court President shall ask the representative of the National Assembly to present reasons for instituting proceedings for determining whether the President of the Republic violated the Constitution and then the President of the Republic to respond to presented arguments.
In the course of the deliberations, the Constitutional Court judges, withholding their opinions, may pose questions and ask for clarification from the parties to the proceedings and other participants invited to the session, on all constitutional issues pertaining to the matter which is a subject of deliberations.
If in the course of deliberations, the Constitutional Court President establishes the need for additional data of importance for deliberations, the session shall be adjourned.
Upon concluding of deliberations, the Constitutional Court President shall ask from the representative of the National Assembly ad then from the President of the Republic to give their closing arguments.

An audio recordings or any other appropriate type of recordings, shall be made of a session.
An audio recordings or any other appropriate type of recordings shall be enclosed to the minutes of a session.

Upon concluding deliberations, the Constitutional Court shall render decision at the adjudication and voting session.
Provisions of Article 65 of these Rules shall be applied accordingly to the session from paragraph 1 of this Article.

The Constitutional Court decision and ruling shall contain: introduction, disposition and reasoning.
The introduction shall contain the Constitutional Court name, the name of the President or the judge who presided over a session, names of the Constitutional Court judges who took part in adjudication, according to alphabetical order of their last names, constitutional grounds for rendering decision, date on which the Constitutional Court session was held and other data, depending on the type of the proceedings or issue in question.
The disposition shall contain the Constitutional Court judgment, the title of the contested act and issuer thereof, the date on which the act was issued and date on whether it was published, and other data, depending on the type of the proceedings or issue in question.
The reasoning shall contain: request and statement of facts from the filings that was aimed at instituting the proceedings, statement of facts from the response of the issuer of the contested act, provisions of the contested act, regulations applied in rendering decision and reasons for the judgment in the disposition, and other elements specific to that matters in question and type of the decision rendered.

The Constitutional Court may render partial judgment, depending on circumstances established during the proceedings.

The Constitutional Court shall render decision in the form of a Conclusion in the following:
1. dismissing the petition or other request aimed at initiating proceeding, except in case of constitutional complaint or initiative, on the grounds of lack of jurisdiction;
2. dismissing the petition or initiative that have not been submitted in a timely manner, pursuant to Article 168 paragraph 5 of the Constitution;
3. dismissing the appeal submitted by the judge, public prosecutor or deputy public prosecutor when it has not been submitted in a timely manner, pursuant to Article 99 paragraph 1 of the Constitution;
4. dismissing the petition or other request aimed at initiating proceeding, except in case of constitutional complaint or initiative, that has been unclear or incomplete;
5. dismissing the petition or initiative for review of constitutionality and legality of the general act that has not been brought into effect;
6. dismissing the petition or initiative for review of constitutionality and legality of the general act whose issuer legally ceased to exist;
7. dismissing the act of the National Assembly оn initiating proceedings for impeachment of the President of the Republic;
8. closing proceedings when the petition for review of constitutionality and legality has been withdrawn or when the initiative has been dropped by the person who filed it;
9. deciding on providing opinion, proposal or information for the National Assembly;
10. deciding on servicing the petition and ruling on instituting proceedings for review of constitutionality of law or constitutionality or legality of other act to the respondent for a response as well as on servicing an initiative for an opinion of the respondent.
The Constitutional Court shall render judgments in the form of conclusions in all cases in which the Law and these Rules have not prescribed to be rendered in the form of a decision or ruling.

Provisions of the Article 80 of these Rules shall be applied accordingly on the form and content of the conclusions.
As an exception to the rule set in paragraph 1 of this Article, in cases pertaining to Articles 82 paragraph 1 items 9 and 10 of these Rules, a conclusion shall be sent out in a form of letter containing an information on a conclusion rendered.

In instances when there are multiple requests in a single case before the Constitutional Court, upon which, pursuant to Articles 45, 46 and 48 of the Law, varied types of decision are to be rendered, the Constitutional Court shall adjudicate in a single decision, rendering a decision or a ruling.

The final text of a decision or ruling rendered by the Constitutional Court is edited by the Redaction Commission.
Draft acts prepared by the judge-rapporteur and the judicial clerk assigned to the case, shall be forwarded to the Redaction Commission within a period of fifteen days at the latest, from the date on which the decision was rendered.
The Redaction Commission President shall verify by signing the final text of a decision or a ruling established at the Redaction Commission session, and forward it to the Constitutional Court President who shall sign it.
The judge-rapporteur shall verify by signing the final text of a conclusion.

The originals of the Constitutional Court decisions, rulings and conclusions shall be signed by the Constitutional Court President.

Parties to the proceedings shall, as a rule, be served with a written copy of a decision, ruling and conclusion, verified by the judicial clerk assigned to the case, or by an authorized civil servant, within a period of 30 days after the date on which it was rendered.
In instances when the Constitutional Court decision, ruling or conclusion, for any reason, may not be served on parties to the proceedings, serving shall be performed by posting it on the Constitutional Court bulletin board.
In cases from paragraph 2 of this Article serving shall be considered completed on the eight day following the date on which the decision, ruling or conclusion had been posted on the Constitutional Court bulletin board.
In instances when the Constitutional Court decision or ruling which has been published in the official gazette, for any reason, could have not been served to parties to the proceedings, serving shall be considered completed on the date of publishing.

A decision or ruling, designated for publication by the Constitutional Court, shall, as a rule be delivered for publishing to the “Official Gazette of the Republic of Serbia” and other official gazette in which the act heard by the Constitutional Court had been published, within a period of 30 days after rendering decision.

Personal names of natural persons and other personal data from the originals of the Constitutional Court decision or ruling, prior to being published in an official gazette or made public in any other, appropriate manner, shall, as a rule, be abbreviated and designated with the first letters of personal names and titles cited in the original text.

In instances when the text of the decision or ruling, published in an official gazette is not in conformity with the originals, a correction shall be made by the Constitutional Court Secretary General.
Corrections from paragraph 1 of this Article shall be served and published in the same manner the act which was corrected, had been published.

At the written request containing reasoning, submitted by the Constitutional Court President, judge or working body, the Constitutional Court shall put on the Court agenda a motion to reconsider a rendered decision, ruling or conclusion until it was sent out of Court for delivery..
A specific deliberations shall be conducted on the need for reconsideration of a rendered act from paragraph 1 of this Article.

At the written request containing reasoning, submitted by the Constitutional Court President, judge or working body, the Constitutional Court shall put on the Court agenda a motion to reconsider a previously taken legal stance of the Constitutional Court.
An opinion on a request from paragraph 1 of this Article shall be provided by the competent working body of the Constitutional Court.
A specific deliberations shall be conducted on the need for reconsideration of a previously taken legal stance, providing arguments for a change of legal stance of the Constitutional Court.
If the Constitutional Court legal stance cited in a draft decision, varies from previously taken legal stance on an identical issue to one in question, decision rendering shall be postponed for deciding on the need for reconsideration of a previously taken legal stance.

Changed legal stance of the Constitutional Court shall be recorded in the minutes taken at the Constitutional Court regular session.
Changed legal stance of the Constitutional Court and the reason for change shall be cited in the first Constitutional Court decision or ruling rendered subsequent to taking a new legal stance.

The Constitutional Court shall inform a party which submitted motion for enforcement of the Constitutional Court decision on the content of the Constitutional Court ruling rendered on a mechanism the decision shall be enforced.

 

 

The public character of the work of the Constitutional Court shall be ensured particularly by:
- presence of press and other news media representatives at the Constitutional Court regular sessions deliberations and at public hearings.
- publishing of the Constitutional Court decisions in official gazettes;
- distributing of official notices to news media;
- holding press conferences;
- making available to the public the agenda and date of the Constitutional Court regular session or public hearing, decision, court practice as well as information of importance related to the work of Court, by posting them on the Constitutional Court website;
- publishing collections of the Constitutional Court decisions.

Representatives of news media attending the Constitutional Court regular session or a public hearing shall be accredited by the Constitutional Court Secretary General.
Accredited representatives of news media shall be informed on time, venue and agenda of the Constitutional Court regular session or public hearing via Constitutional Court website or in any other manner.

Accredited journalists attending the Constitutional Court session, at which the constitutional complaint shall be heard, shall sign a statement on privacy of personal data protection, of the person which submitted the constitutional complaint and other parties to the proceedings.

The Constitutional Court shall hold a press conference for presenting the annual report of the Constitutional Court activities and in other instances when the Court deems it shall be of importance for the general public to be informed on a particular matter.
The press conference from paragraph 1 of this >Article, shall be called and led by the Constitutional Court President or the judge designated by the Constitutional Court President.

Press releases shall be issued by the Constitutional Court, on decisions which carry broader social and legal significance.

In instances when the information on a decision or the work of the Constitutional Court is transmitted in an untrue, incomplete or incorrect manner, the Constitutional Court may request, in accordance with law, a response or correction to be made available to public.

Constitutional Court judges and Professional Services Department employees, shall not publicly express their opinion on matters which may be or had been heard by the Constitutional Court.

 

 

 

The Constitutional Court shall adopt the annual work program.
The Constitutional Court shall adopt the quarterly work programs and monitor the execution thereof, on the basis of the annual work program.
Execution of programs and workplans shall be evaluated by the Constitutional Court at least on a quarterly basis.

Upon the end of a calendar year, the Constitutional Court shall review the annual report on the Constitutional Court activities.

 

 

The Constitutional Court shall not consider petitions requesting legal aid or opinion on particular issues or assistance in executing rights and achieving interests, complaints against the work of state and other bodies and organizations, as well as other petitions requesting proceedings on issues out of the Constitutional Court jurisdiction. The Constitutional Court Secretary General shall inform, in writing, the petitioner on absence of jurisdiction.

Rules on order in the Constitutional Court shall be determined by the Constitutional Court act.

Work with the Constitutional Court clients shall be performed in a manner determined by the Constitutional Court act

Office hours shall be determined by the Constitutional Court..

The Constitutional Court may organize meetings and consultations on issues of interest for achieving constitutionality and legality ad for the work of the Constitutional Court.

A person who, at the request of the Constitutional Court, during the proceedings provide his/her expert opinion, may be awarded a compensation for expenses and a fee for taking part in the proceedings, in accordance with the Constitutional Court act.

Proposal for modification or addition of new provisions to these Rules may be put forward to consideration by the Constitutional Court President, judge or a working body. Proposal from paragraph 1 of this Article shall be submitted in writing, along with the reasons.
The Commission for Monitoring Achieved Compliance with the Constitution and Law, shall consider the proposal before it is considered by the Constitutional Court.

 

 

Standing working bodies established with the Constitutional Court prior to the date on which these Rules went into effect, shall continue their operations in accordance with the provisions of these Rules..

Оn the petition from the Article 74 of these Rules, submitted prior to the date on which these Rules shall come into force, the Constitutional Court shall, as a rule, render decision within a period of 90 days after the date of entry into force of these Rules.

On the date of entry into force of these Rules, the Rules of Procedure of the Constitutional Court of the Republic of Serbia shall no longer be valid (“Official Gazette of RS”, no. 9/95).

These Rules shall enter into force on the eighth day after their publication in the “Official Gazette of the Republic of Serbia”.

 

 

РRESIDENT
OF THE CONSTITUTIONAL COURT
Bosa Nenadić, PhD