(Official Gazette of the RS, no. 103/13)
- I BASIC PROVISIONS
- II PRESIDENT AND JUDGES OF THE COURT
- III THE ADMINISTRATIVE AND PROFESSIONAL SERVICE
- IV THE SCOPE OF WORK AND MODES OF OPERATION OF THE COURT
- V PROCEEDINGS BEFORE THE COURT
- VI THE WORKING PLAN OF THE COURT AND THE OVERVIEW OF THE COURT WORK
- VII ОTHER PROVISIONS
- VIII TRANSITIONAL AND FINAL PROVISIONS
Pursuant to Article 10 of the Law on the Constitutional Court Official Gazette of the Republic of Serbia, nos.109/07, 99/11 and 18/13 - decisions of the Constitutional Court), at its session held on 14 November 2013, the Constitutional Court adopted the following:
RULES ОF PROCEDURE OF THE CONSTITUTIONAL COURT
Scope of the Rules
Article 1
These Rules of Procedure (hereinafter: “the Rules”) more precisely regulate the organization, modes of operation and proceeding of the Constitutional Court (hereinafter: „the Court“), as well as other questions of relevance for the work of the Court.
Symbols of the Court
Article 2
The seat of the Court shall be located in Belgrade.
The name of the Court shall be displayed in a prominent place of the court building.
The flag and the coat of arms of the Republic of Serbia shall be displayed on the premises of the Court, in accordance with the law and act of the Court.
The Court shall have a seal, the form of which shall be in accordance with the law.
The Court shall have a logo, the shape, content and manner of use of which shall be determined by an internal act of the Court.
Public Character of the Work of the Court
Article 3
The work of the Court shall be public, in accordance with the Law on the Constitutional Court (hereinafter: „the Law“) and the Rules.
Prohibition of Publicly Disclosing Data from Constitutional Proceedings
Article 4
Judges and employees of the Court may not publicly express their opinion on questions pertaining to cases before the Court, nor shall they in any other way make any data related to the proceedings in cases before the Court accessible to the public.
Court Judge Immunity
Article 5
A request for ordering detention for a Court judge and a request for instituting legal proceedings, or any other proceedings against a Court judge, which are punishable with imprisonment, shall be submitted by the competent body to the President of the Constitutional Court (hereinafter: „President of the Court“).
Approval for ordering detention or instituting legal proceedings, or any other proceedings for an offence which is punishable by imprisonment, shall refer solely to the act against which the submission has been made.
The Court shall review immunity of a Court judge upon a request for review, at the first subsequent session of the Court from the date of its submission.
In a criminal or other action in which immunity of a Court judge has been established, limitation periods shall be stayed.
In the event immunity has not been invoked by the judge, the Court’s right to invoke it shall not be denied.
Official Identification Card
Article 6
President of the Court, the Deputy-President and judges, shall be issued an official identification card.
The form and content of the identification card under paragraph 1 of this Article shall be defined by the Court.
Upon termination of office, the official identification card shall be cancelled.
Judicial Attire
Article 7
President and judges of the Court are to wear their official attire - a judicial gown, the design and manner of use of which shall be determined by an act of the Court.
II PRESIDENT AND JUDGES OF THE COURT
1. President, the Deputy-President and Judges of the Court
a) President of the Court
Rights and Duties of President of the Court
Article 8
President of the Court, in addition to the rights and duties regulated by the Law, shall carry out the following tasks:
1) act on behalf of the Court before state bodies of the Republic of Serbia, and other domestic and international bodies and organisations;
2) take care of safeguarding an independent and autonomous status of the Court;
3) manage the work of the Court;
4) when necessary for carrying out tasks from the Court’s jurisdiction, provide for judicial attendance after working hours;
5) sign general and other acts issued by the Court;
6) issue individual acts, in accordance with the Law;
7) direct allocation of financial resources;
8) review complaints of parties regarding the work of the Court;
9) decide on the rights and duties of civil servants and employees at the Administrative and Professional Service, in accordance with law;
10) decide on public procurement, in accordance with law and acts of the Court;
11) approve official business trips;
12) perform other tasks prescribed by law, the Rules and other acts of the Court.
President of the Court may delegate to the Deputy President some tasks from the scope of his or her competence.
Institution of the Proceedings for Election of President of the Court
Article 9
The Court shall adopt a decision on instituting the Court President election proceedings at least 30 days before the term of office of the President incumbent expires.
In the event the function of the president of the Court has ended prior to the date on which his or her term of office expires, the decision under paragraph 1 of this Article shall be rendered by the Court at the first regular session subsequent to President’s cessation of function.
Election proceedings under paragraphs 1 and 2 of this Article shall be completed within a period of 30 days after the decision of the Court to institute the proceedings had been made.
Nomination of Candidates
Article 10
Nomination of a candidate for the president of the Court function, containing the reasons for the proposal, in accordance with law, shall be submitted to the President incumbent in writing, signed by the propounder.
List of Candidates
Article 11
The Court shall put together a list of candidates for the president of the Court function and establish a Commission for conducting the voting procedure.
The Commission under paragraph 1 of this Article shall be composed of President and two judges of the Court who are not candidates for the position of the president.
Voting
Article 12
Voting on the nominated candidates for the office of the president of the Court shall be conducted by encircling the number assigned to each candidate on a ballot paper which shall be dropped into the ballot box.
The Commission shall determine the results of the vote and issue a written report thereof.
The report under paragraph 2 of this Article shall be delivered to President of the Court in order to announce the results of the vote at the regular session of the Court.
Repeating the Vote and Election Procedure
Article 13
If only one candidate is nominated for the president of the Court position and he or she does not win an absolute majority of the votes of all judges, election proceedings shall be repeated within a period of time set by the Court.
If two candidates are nominated and none of the candidates wins an absolute majority of the votes of all judges, the vote shall be repeated. In the second round of the vote, the candidate who has won the majority of the votes in the first round shall be voted on.
If more than two candidates are nominated and none of the candidates wins an absolute majority of the votes of all judges, the vote shall be repeated. In the second round of voting, the two candidates who win the most votes in the first round of voting, or an equal number of votes, shall be voted on.
The repeated vote from paragraphs 2 and 3 of this Article shall be conducted not later than seven days after the date of the previous round. If neither of candidates wins the necessary number of votes after the repeated vote, the election procedure for the president of the Court function shall be conducted afresh in its entirety.
Dismissal of President from Office
Article 14
Proceedings for dismissal of President of the Court from office may be instituted by a motion containing reasons for his or her dismissal, submitted by at least three judges of the Court, and shall be conducted within 15 days from its submission.
The decision on dismissal from office of President of the Court shall be rendered by an absolute majority of votes of all Court judges.
Provisions of these Rules on election proceedings for the position of the president of the Court shall be applied accordingly to the dismissal from office proceedings from paragraph 1 of this Article.
b) The Deputy President
Deputy President
Article 15
The Deputy President shall substitute President of the Court in instances when the latter is absent or prevented from performing his or her duties.
The Deputy President shall perform the function of President of the Court in instances when the President has not been elected.
If the Deputy President of the Court has not been elected, or in instances when he or she is absent or unable to attend, it is the most senior judge that shall fill the vacancy and perform the duties from paragraphs 1 and 2 of this Article.
Election and Dismissal of the Deputy President
Article 16
Provisions of these Rules, on election and dismissal from office proceedings for the position of the president of the Court, shall accordingly be applied to the election and dismissal from office of the Court Deputy President.
c) Court Judges
Court Judges
Article 17
A Court judge shall:
1) take part in the work of the Court and deliberations of the Court, the chambers and working bodies of which he or she is a member;
2) be the judge-rapporteur and proponent of the decision in the event in which he or she has been assigned the role of judge-rapporteur;
3) propose the wording of a decision to be submitted to the Redaction Commission in the cases in which he or she has been the judge-rapporteur;
4) propose the initiation of proceedings for assessment of constitutionality and legality;
5) propose to the Court to re-consider or re-examine a decision which has already been taken, in accordance with these Rules;
6) provide expert opinion on questions of relevance for processing the cases;
7) follow and study the phenomena of relevance for achieving constitutionality and legality;
8) perform other tasks of relevance for the work and decision-taking of the Court.
Court Judge Dismissal Procedure
Article 18
President of the Court shall convene a session of the Court for assessing the reasons for dismissal of a Court judge, within 7 days from the submission of the motion by the proponent authorised for his or her election, i.e. for the appointment of the judge.
If the proceedings for dismissal of a Court judge who is President of the Court are initiated, the session from paragraph 1 of this Article shall be convened and chaired by the Deputy President of the Court.
For the session from paragraph 1 of this Article, a written statement shall be required from the Court judge with regard to whom the proceedings for dismissal from office have been initiated.
The Court may not make a decision on whether the conditions for the dismissal have been met before the Court judge is given an opportunity to make a statement. If the Court judge fails to make the statement within the set period of time, the Court shall proceed.
The Court judge, with regard to whom the proceedings for dismissal have been initiated, shall not take part in deliberations on whether the conditions for his or her dismissal have been met.
The Court's decision on whether the conditions for dismissal from office of the Court judge have been met shall be communicated to the authorised proponent, the National Assembly, and the judge with regard to whom the proceedings for dismissal from office have been initiated.
Initiative for Instituting Dismissal from Office of a Court Judge
Article 19
Initiative for instituting the proceedings for dismissal from office of a Court judge may be submitted by the Court.
The motion from paragraph 1 of this Article, in writing and containing the reasons for the dismissal, may be submitted by President of the Court, a working body or at least three Court judges.
The Court shall make a decision on the motion from paragraph 2 of this Article within no more than 30 days from the day of its submission.
Court Judge Suspension
Article 20
During the proceedings for establishing the grounds for dismissal from office of a Court judge, the Court may decide to suspend that judge from duty.
The judge whose suspension is being considered shall not take part in decision-making.
The session for dismissal from office of President of the Court, shall be convened and conducted in accordance with the provisions of Article 25, paragraph 2 of these Rules.
If the Court has not established that the requirements for dismissal from office of a Court judge have been met, it shall revoke its decision on suspension from duty.
If the Court has established that the requirements for dismissal from office of a Court judge have been met, its decision on suspension from duty shall remain in force until the decision on dismissal from office comes into force.
III The Administrative and Professional Service
1. The Secretary and Deputy Secretary of the Court
Secretary of the Court
Article 21
The Secretary of the Court shall:
1) manage the work of the Administrative and Professional Service;
2) assist President of the Court in organizing and preparing the Court sessions;
3) ensure that the material necessary for the work and decision-taking of the Court, its chambers and its working bodies, is timely produced and distributed;
4) see to the implementation of the Court’s conclusions;
5) see, within the scope of his or her authority, that the Law and these Rules are duly implemented;
6) draft the Court working plan proposal, and monitor its implementation of which he or she shall report to the Court;
7) draft the annual overview of the work of the court;
8) draft the Court budget proposal and the staff distribution plan proposal;
9) see to the preparation and implementation of the Court acts considering financial operations of the Court;
10) see to ensuring and upgrading the working conditions of the Court;
11) perform other tasks in accordance with the law and acts of the Court, as well as the tasks ordered and authorised by President of the Court.
Deputy Secretary
Article 22
The Secretary of the Court shall have his or her Deputy.
The Deputy Secretary shall substitute the Secretary of the Court in instances of his or her absence or being prevented to perform his or her duties and perform other tasks specified by the act of the Court, as well as other tasks ordered and authorised by President and Secretary of the Court.
Appointment and Dismissal of the Secretary of the Court and Deputy Secretary
Article 23
The Secretary of the Court and the Deputy Secretary are appointed and dismissed by a majority vote of all Court judges, in accordance with the law.
The dismissal procedure for the Secretary or Deputy Secretary may be initiated by President of the Court, a working body or a Court judge.
2. The Administrative and Professional Service
Scope of Tasks of the Administrative and Professional Service
Article 24
The Administrative and Professional Service shall perform the tasks of expert processing of constitutional matters within the jurisdiction of the Court and other related tasks, as well as legal, financial, administrative and other general tasks required by the Court.
Internal Organisation of the Administrative and Professional Service
Article 25
Internal organisation of the Administrative and Professional Service is regulated by the act of the Court.
The Administrative and Professional Service consists of several basic units.
Within these basic organisational units, there are subunits, in accordance with the act of the Court.
The basic organisational units from paragraph 2 of this Article are managed by civil servants holding office.
Distribution of tasks from the scope of tasks of the Administrative and Professional Service performed by civil servants holding office is regulated by the act of the Court, in accordance with the law.
Case-processing Legal Assistant
Article 26
Cases within the jurisdiction of the Court are processed, in accordance with the Rules, by civil servants at the Administrative and Professional Service (hereinafter: “case-processing legal assistants”).
Case-processing legal assistants shall:
1) take part in preliminary proceedings before the Court;
2) take part in drafting a proposal for the decision;
3) prepare the text of the decision to be approved by the judge-rapporteur;
4) take part in the work of standing and ad-hoc working bodies of the Court;
5) independently run the proceedings on filings specified under Article 102 of the Rules;
6) perform other legal tasks determined by an act of the Court.
IV THE SCOPE OF WORK AND MODES OF OPERATION OF THE COURT
Scope of Work of the Court
Article 27
The Court shall decide on the questions from its constitutionally prescribed jurisdiction in the way regulated by the Law.
In addition to deciding on the questions from paragraph 1 of this Article, the Court, at its sessions, in accordance with the Law and other law, shall:
1) pass general acts from its jurisdiction;
2) draft periodical plans of the work of the Court and adopt the annual overview of the work of the Court;
3) decide on the number of chambers, form standing and ad-hoc working bodies of the Court and select presidents and members of the standing and ad-hoc working bodies and appoint their secretaries;
4) decide on establishing cooperation with other constitutional courts and international organisations;
5) establish the final proposal for the Court budget, draft a plan for the budget execution, draft an annual report on the budget execution and draft a public procurement plan;
6) make a decision on the budget execution internal control;
7) draft a proposal for an act on the classification of jobs and tasks at the Administrative and Professional Service and appointment to offices;
8) draft a proposal for the rule book on the internal organization and systematization of jobs at the Administrative and Professional Service;
9) draft a programme for the professional training of employees at the Administrative and Professional Service;
10) draft the code of conduct of civil servants and rules of internal order within the Court premises;
11) decide on the rules, obligations and responsibilities of President, the Deputy President and judges of the Court, in accordance with the Constitution and law;
12) appoint the Secretary and Deputy Secretary, as well as other civil servants holding office at the Administrative and Professional Service;
13) decide on the rights, duties and responsibilities of civil servants holding office at the Administrative and Professional Service;
14) pass an act on the designation of cases brought before the Court;
15) appoint the president and members of the appellate commission of the Court;
16) decide on other questions specified by law, these Rules and other acts of the Court.
Modes of Operation of the Court
Article 28
The work of the Court shall take place at sessions of the Court, sessions of the Grand Chamber, sessions of Chambers, and sessions of standing bodies.
According to a previously provided opinion at the session of the Court, President of the Court shall appoint, according to the annual plan, judges who shall be members of the Grand Chamber and Chambers, presidents of the Grand Chamber and Chambers and judges who shall substitute them in instances of their absence from sessions.
The Court shall form commissions as standing working bodies (hereinafter: „standing commissions“).
The Court shall form committees for constitutional complaints as standing bodies.
The Court may also form ad-hoc working bodies.
Achieving Public Character of the Work of the Court
Article 29
Public character of the work of the Court shall be achieved especially by means of:
1) publication of the Court's decisions in the Official Gazette of the Republic of Serbia;
2) publication of the Bulletin of the Court's decisions;
3) publication of the agenda of its sessions, the time of public hearings, the decisions on the constitutional case-law, and the more important data considering the work of the Court on the official web-page of the Court,;
4) the presence of accredited representatives of the media to public hearings of the Court;
5) officially notifying the media;
6) holding press-conferences for representatives of the media.
Representatives of the media from paragraph 1, point 4 of this Article shall be issued accreditations by the Secretary of the Court, while they shall be notified of the place and time of a public hearing through the web-page of the Court, or in another way.
In instances of decisions of wider social and legal significance, the Court shall issue press-releases, and in instances the information on its decision or the Court's work has been conveyed in an untruthful, incomplete or incorrect manner, the Court may demand, in accordance with the law, the publication of its response or a correction thereof.
A press-conference is summoned and conducted by President of the Court, or a judge appointed by President, on the occasion of the annual overview of the work of the Court, or on other occasions when he or she deems it in the interest of the public.
Sessions of the Court
Article 30
At its sessions, the Court shall decide on questions from Article 27 of these Rules.
The Court sessions shall be held on the premises of the seat of the Court, once a week.
The Session from paragraph 1 of this Article may be held outside the seat of the Court, if the Court decides so.
Preparatory Sessions
Article 31
For the purpose of solving complex constitutional matters, the Court may hold a preparatory session.
The preparatory session shall be convened by President of the Court of his or her own motion, on a proposal by the judge-rapporteur or following a conclusion of the Court.
For the preparatory session, the judge-rapporteur shall prepare a report on the contested constitutional matters and, if necessary, propose holding a public hearing or consultative meeting.
At the preparatory session, the Court shall establish, in accordance with paragraph 3 of this Article, if there is need for holding a public hearing or consultative meeting, the dead-line and the date of its holding, and the participants to be invited to the public hearing or consultative meeting.
The Secretary of the Court and case-processing legal assistant assigned to the case shall take part in the work of the preparatory session, as well as other civil servants, if necessary.
Minutes of the session shall be taken by a recording clerk of the Court.
Consultative Meetings
Article 32
The Court may organise meetings and consultations on issues of relevance for deliberations on constitutional matters.
A consultative meeting is convened and conducted by President of the Court, on a proposal by the judge-rapporteur, or of his or her own motion.
The Court shall summon to a consultative meeting representatives of the bodies and organisations from the area of science, public domain and other fields of expertise.
Parties to the proceedings may be present at the consultative meeting if the Court decides so.
The meeting under paragraph 1 of this Article may be held also only by the judge-rapporteur, if approved by President of the Court.
Participants of a consultative meeting shall be delivered, at least 8 days before the meeting is due, a written notification and the working material on the constitutional matter which is the subject of the meeting, with the necessary supplements.
Minutes shall be kept during the consultations, in accordance with the provisions under Article 52 of the Rules.
1. Working Bodies of the Court
a) Standing Working Bodies
Standing Commissions
Article 33
Standing Commissions of the Court shall be:
- The Redaction Commission;
- The Commission for Monitoring Compliance with the Constitution and Law;
- The Organizational and Financial Affairs Commission.
The Court Standing Commissions shall be composed of their presidents and three members.
The president and members of Standing Commissions shall be appointed from among the Court judges, for a three-year term and may be re-appointed for another term with the same commission.
In the event the Commission president is absent or prevented to attend, he or she shall be replaced by a commission member, following alphabetical order based on the first letter of their surnames.
The Court shall appoint secretaries to the Standing Commissions from among civil servants holding office.
Redaction Commission
Article 34
The Redaction Commission shall:
1) prepare the final text of decisions and rulings issued by the Court and published by official bulletins, as well as the text of other acts, if the Court decides so;
2) shall not prepare the final text of decisions which are based on the Court's standpoints taken under identical factual and legal circumstances (“typical case-law”), exempt from point 1 of this Article, as well as decisions under Article 46, point 9 and Article 88 of the Law, and other acts, if the Court decides so;
3) put forward a proposal for reconsideration of any act issued by the Court, before its distribution, in instances when the grounds for reconsideration have been established;
4) consider issues in relation to the drafting methodology of the Court acts and publication of bulletins or other publications of the Court.
Commission for Monitoring Achieved Compliance with the Constitution and Law
Article 35
The Commission for Monitoring Achieved Compliance with the Constitution and Law shall:
1) consider basic questions of interest for achieving and protecting constitutionality and legality and, in relation to this, offer its proposals so that the Court may form opinion and take its standpoints thereupon;
2) take part in organizing consultations and meetings within the premises of the Court and facilitate the participation of the Court representatives in consultations and gatherings;
3) put forward for the Court's consideration proposals for the interpretation of provisions of these Rules.
Organizational and Financial Affairs Commission
Article 36
The Organizational and Financial Affairs Commission shall:
1) monitor and analyze the organization and mode of work of the Court and its working bodies, and set forth appropriate suggestions to the Court, in relation to these matters;
2) draft a proposal for the annual financial plan, and a proposal for the annual report on the budget execution;
3) draft proposals of acts on the rights, duties and responsibilities of the Court President, judges, civil servants and employees at the Administrative and Professional Service;
4) draft a proposal for the act on the classification of jobs and tasks at the Administrative and Professional Service and on appointment to offices;
5) draft a proposal for the rule book on the internal organization and systematisation of jobs at the Administrative and Professional Service;
6) draft a proposal on the professional training programme of employees at the Administrative and Professional Service;
7) consider proposals for appointment of civil servants to offices;
8) consider potential technical and technological improvements of the work of the Court and put forward for consideration suggestions and opinions;
9) draft a proposal for the staff plan;
10) draft a proposal for the public procurement plan;
11) consider issues of relevance for providing other resources for the work of the Court.
Constitutional Complaints Committees
Article 37
There are Constitutional Complaints Committees in the following legal areas:
1. The Constitutional Complaint Committee on Criminal Law Matters;
2. The Constitutional Complaint Committee on Civil Law Matters;
3. The Constitutional Complaint Committee on Administrative Law Matters.
The Court may also establish other Constitutional Complaint Committees, and if necessary, also two committees for the same legal area.
Constitutional Complaint Committees shall consist of their president and two members, one of which shall replace the president, when necessary.
The president and members of Constitutional Complaint Committees shall be elected from among the judges of the Court for a three-year term and may be re-appointed for another term with the same Committee upon the end of the first term.
In instances of absence or inability to attend, the president shall be replaced by his or her substitute, and the Committee member, by a member of another Committee, according to the schedule based on alphabetical order of their surnames.
Secretaries to the Committees shall be selected from among civil servants holding office.
Scope of the Work of Constitutional Complaint Committees
Article 38
The Court Committee shall review a proposal for the decision made by the judge-rapporteur on the matter in the constitutional complaint at hand and provide its opinion thereto.
A proposal for the decision in the typical case-law is exempt from point 1 of this Article, and is delivered to the respective chamber of the Court for deliberation, with an official note that it meets the requirements for the Court's deliberation without the Committee's opinion and with the designated case-law to which it refers.
b) Ad Hoc Working Bodies
Formation of Ad Hoc Working Bodies
Article 39
An ad hoc working body shall be formed by a decision of the Court, which shall determine its composition and scope of tasks.
V PROCEEDINGS BEFORE THE COURT
1. Reception of Filings and Assignment of Cases
Reception and Registration of Filings
Article 40
Filings submitted to the Court shall be received and registered at the Office of the Court, according to astronomical time measuring.
Motions, petitions, constitutional complaints and other acts aimed at initiating the proceedings, or an initiative therefor, shall not be accepted in oral form, by the statement provided orally to the Court and subsequently produced transcript thereof.
Constitutional complaints filed by an authorised representative shall be submitted together with a special written authorisation for filing the constitutional complaint.
Applications and supplements thereto shall be submitted to the Court in three copies.
Filings submitted to the Court in an electronic form, by fax or telegraph, shall not be considered the kind of filings which institute or initiate the proceedings before the Court.
Case Assignment
Article 41
Cases shall be assigned to judge-rapporteurs according to the time of their submission and the type of the proceedings before the Court, the type of the contested act and alphabetical order of judges’ surnames.
President of the Court, by way of exception from paragraph 1 of this Article, shall not be assigned the role of judge-rapporteur in cases of constitutional complaints, and in all other cases on constitutional matters he or she shall be assigned the role of judge-rapporteur in proportion of one-third of the cases assigned to other judges.
The electronic information system of the Court shall automatically assign the judge-rapporteur in all individual cases on constitutional matters according to a preset algorithm, in accordance with the criteria set out in paragraph 1 of this Article.
President of the Court may, in accordance with the Law, assign one or more judge-rapporteurs.
On the Court President’s proposal, a judge may, due to his or her special engagement in a particular case, be released from duties in cases in which he or she has been the judge-rapporteur, if the Court decides so.
The Secretary shall assign case-processing legal assistants to individual cases according to the type of constitutional proceedings and the type of contested acts.
The data on the cases admitted, the judge-rapporteurs and case-processing legal assistants assigned to them are, as a rule, distributed to President of the Court and the judges, the Secretary of the Court, the Deputy Secretary and case-processing legal assistants by the Office in the form of electronic notification within three days,
The judge-rapporteur may put forward for consideration a proposal for the requirements from already existing case files to be reviewed jointly or separately.
President of the Court may, by way of exception from paragraph 1 of this Article, change the judge-rapporteur assigned to the case where the judge-rapporteur has been absent for a prolonged period of time, or in instances where there are other justified reasons.
Withdrawal or Exemption
Article 42
If conditions for withdrawal or exemption have been met, the judge of the Court shall be obliged to inform in writing President of the Court of these circumstances.
Withdrawal or exemption of judges of the Court may be required by the propounder of the constitutional complaint or complaint.
The Court shall decide whether the conditions for withdrawal or exemption of a judge have been met, in accordance with Article 8 of the Law, without participation of the judge whose withdrawal or exemption has been required.
Joint and Separate Consideration of Cases
Article 43
In instances where multiple filings or initiatives for review of the constitutionality of the same law or the constitutionality and legality of other general acts have been submitted, the Court shall, as a rule, on a proposal by President of the Court or the judge-rapporteur, consider all submissions jointly.
In instances where a motion or an initiative is aimed at contesting several general acts or acts issued by the same or different bodies, or if the different nature of relations regulated by the contested general acts may hinder joint review and decision adoption, the Court may decide to consider such general acts or legal issues separately.
Provisions from paragraphs 1 and 2 of this Article shall be applied accordingly in other proceedings before the Court.
2. The Course of Proceedings
а) Preliminary Proceedings
Court Actions in Preliminary Proceedings
Article 44
Preliminary proceedings shall examine accuracy and admissibility of filings which institute or initiate proceedings before the Court, collect the necessary data, pieces of information and evidence with the aim of establishing whether the allegations stated in the initiative for instituting the proceedings for review of constitutionality or legality are truthful, and undertake other procedural actions of relevance for deliberations by the Court.
Preliminary Examination of Filings
Article 45
When an application, a constitutional complaint, a motion or any other act or initiative which institutes the proceedings before the Court, is unintelligible, incomplete, does not contain the necessary data for the proceedings or has any other flaw which incapacitates the Court's proceeding on the matter at hand, the judge-rapporteur shall ask the applicant to remove the flaws within 15 days and warn him or her of the consequences of the omission to act stipulated by the Law.
If the flaw is rectified within the envisaged time, the date of submission under paragraph 1 of this Article shall be considered the date when the act was for the first time submitted to the Court.
Service for a Reply
Article 46
If procedural requirements for initiating, i.e. conducting proceeding before the Court have been met, the judge-rapporteur shall, subsequently to the previous screening of the filing, serve the act aimed at instituting the proceedings, or the initiative, to the issuer of the contested act, for its written reply or opinion, which is to be sent to the Court within a specified period of time.
In instances where there are justified reasons, the Court may, at the request of the issuer of the contested act, extend the time specified for the submission of the written reply or opinion.
If the written reply or opinion has not been sent to the Court within the set time, the judge-rapporteur may resume the proceedings.
Proposal for the Decision
Article 47
Subsequent to the screening of motions, petitions, initiatives or other acts aimed at instituting proceedings before the Court, or reception of the reply of the issuer of the contested act or expiry of the time envisaged for its submission, as well as subsequent to the collection of pieces of information and documentation necessary for the Court's deliberation, the judge-rapporteur shall prepare a proposal for the decision and deliver it to President of the Court, or the president of the corresponding chamber.
The proposal for the decision from paragraph 1 of this Article shall, as a rule, include: the name or title of the person who initiated the proceedings; the date on which the filing was submitted; the content of the claim; the content of contested provisions of the general act the review of the constitutionality or legality of which has been requested or the content of an individual act, factual and legal findings, the analysis of the constitutional matter in question; expert and other opinion, if collected during the proceedings; and the proposal for the decision on the issue in question.
Enclosed with the proposal for the decision from paragraph 1 of this Article shall be: a petition, an initiative or any other filing that served as a basis for instituting the proceedings; the response, or opinion of the issuer of the contested act; an authentic text of the contested provision of the general act or contested individual act; other collected documentation of relevance for the Court's deliberation and the provisions of the contested acts that are being reviewed.
The proposal for the decision shall not be made public before the Court makes its decision upon it at the Court session.
b) Public Hearings
Scheduling a Public Hearing
Article 48
The Court shall schedule a public hearing in instances envisaged under Article 37 of the Law.
The public hearing shall be scheduled and chaired by President of the Court.
Parties to the proceedings and other persons invited to the public hearing shall be summoned by an invitation writ served not less than eight days prior to the public hearing.
By way of exception, the Court may set a shorter time limit for serving the invitation writ.
Summons to a Public Hearing
Article 49
Summons to a public hearing shall include the subject matter of the public hearing and the date and venue where it shall be held.
The judge-rapporteur shall prepare a report for the public hearing which shall be distributed to all the parties to the proceedings and other participants thereto.
The report from paragraph 2 of this Article shall include, specifically: the content of the claim contained in the act aimed at instituting the proceedings; the content of the contested provisions of the general act the review of the constitutionality or legality of which has been requested; the constitutional issues which are the subject of the debate; expert opinion, if collected during the proceedings.
Course of a Public Hearing
Article 50
President of the Court shall announce the subject matter of the public hearing, and note the presence of all parties to the proceedings and other participants invited to the public hearing, after which he or she shall give the floor to the judge-rapporteur.
At a public hearing, the judge-rapporteur shall present the contested legal issues in relation to the issue in question, without disclosing his or her proposal for the decision.
After the exposition by the judge-rapporteur, the parties to the proceedings shall present their arguments and facts of interest for clarification of the issue in question.
During a public hearing, judges of the Court may, withholding their opinion, pose questions and ask the parties to the proceedings and other participants invited to the public hearing, for clarification of all issues pertaining to the subject matter of the hearing.
Maintaining Order at a Public Hearing
Article 51
President of the Court shall be in charge of maintaining order during the proceedings at a public hearing.
President of the Court may, after issuing a warning and pronouncing reprimands, take the floor from the person who abuses the right to speak or order a party to the proceedings, or any other person present that disturbs the order during the hearing, to leave the courtroom.
Audio Recording
Article 52
The proceedings of a public hearing shall be registered as an audio recording, and a written transcript may be produced thereof.
c) Sessions of the Court
Scheduling a Session and the Session Proceedings
Article 53
The Court sessions shall be scheduled by President of the Court of his or her own motion, upon the conclusion issued by the Court, at the request of a working body or of at least three of the Court judges.
The Court judge who is prevented from attending the Court session is obliged to give notice to President of the Court of his or her absence and provide reasons for his or her non-attendance.
Summoning a Session
Article 54
Notice of sessions, accompanied with the draft agenda, appropriate constitutional law documentation and other working material, shall be distributed to judges in an electronic form, no less than five days prior to the date on which the Court session shall be held.
Notice of a session, with attachments from paragraph 1 of this Article, shall also be distributed to the Secretary and other civil servants who perform tasks within the Court’s jurisdiction.
The time specified under paragraph 1 of this Article may be rendered shorter in the proceedings reviewing the constitutionality of a law before its promulgation, in the proceedings upon a request on postponing the enforcement of a decision adopted by provincial authorities, in the proceedings concerning electoral disputes, in the proceedings upon a constitutional complaint which demand urgent action of the Court and in the proceedings deliberating on a violation of the Constitution by the President of the Republic.
Drafting and Adoption of the Session Agenda
Article 55
President of the Court shall convene the session and establish whether there is a quorum for the Court's work and adjudication.
The Court judge, who is prevented from attending the session under paragraph 1 of this Article, may provide his or her written opinion on the draft agenda and the issue to be deliberated on, which shall be read at the Court session.
Each judge may propose alterations to the proposed agenda under paragraph 1 of this Article, by giving an oral explanation for such a proposal. The Court shall decide on such a proposal by a majority vote of all judges.
Deletion of a case from the agenda shall be recorded in the minutes, together with the note that it has been done at the request of the judge-rapporteur and the deadline for the case to be resent to President of the Court for including it into the draft agenda of a future session.
An agenda shall be adopted when the majority of all Court judges vote in favour of its adoption.
Judge-Rapporteur Presentation
Article 56
Once the agenda has been adopted, President of the Court shall grant the floor to the judge-rapporteur to, if he or she deems necessary, offer the reasons for his or her proposal for the decision that is the subject of the Court's deliberation.
At the Court session, the judge-rapporteur may add to or change his or her proposal for the decision.
President of the Court shall be entitled to issue a warning or pronounce reprimands to the judge-rapporteur concerning the length of his or her oral presentation.
Deliberations
Article 57
After the presentation of the judge-rapporteur, President of the Court shall announce the deliberations.
The Court judge who had taken part in the adoption of the general or individual act, or in bringing the action or submitting the initiative for review of the constitutionality or legality of the act which is being deliberated on by the Court, shall not take part in the Court's deliberation on the judge-rapporteur’s proposal for the decision.
After the conclusion of deliberations, President of the Court shall summarize the proposals made during the deliberations and call on the judge-rapporteur to present his or her standpoint.
The proposal accepted by the judge-rapporteur shall be considered an integral part of his or her proposal as to how the Court should rule.
Decision-taking
Article 58
Once the deliberations have been concluded, the Court shall decide by voting.
Every proposal is voted „in favour of“ and „against“ by means of the electronic voting system.
In the event that it is not possible to use the electronic system of vote, every proposal shall be voted on by a show of hands, „in favour of“ and „against“.
The decision of the Court shall be taken by a majority of votes of all judges, except where it is being decided on instituting the proceedings for review of constitutionality and legality, in which case it is decided by the two-thirds of votes of all judges.
Votes
Article 59
In instances where there is a proposal related to solving a previous question, this proposal shall be dealt with first.
Only the proposals put forward for consideration by the judge-rapporteur, shall be voted on at sessions.
The Court judge who had taken part in adoption of the general or individual act, or in instituting the proceedings or submitting the initiative for review of the constitutionality or legality of the act which is being deliberated on by the Court, shall not take part in the Court's deliberations on the judge-rapporteur’s proposal for the decision.
The vote, as a rule, shall be taken on the judge-rapporteur’s proposal in its entirety. On a proposal by the judge-rapporteur, the vote may be taken individually, on each proposed count in the wording of the decision individually, i.e. on every contested provision in the decision.
If the proposal of the judge-rapporteur has not been accepted, a new draft opinion or decision shall be prepared.
The Court may assign another judge-rapporteur for the preparation of a new proposed opinion, or decision from paragraph 5 of this Article, at the request containing reasons for such a proposal, put forward for consideration by the originally assigned judge-rapporteur.
Dissenting Opinions
Article 60
A judge shall have the right to a dissenting opinion, based on his or her arguments offered during the deliberations on the proposed decision, if the Court renders a decision or ruling, the wording or reasoning of which, in their entirety or in part, are opposed by the judge.
The judge who gives a dissenting opinion from paragraph 1 of this Article, shall be obliged to orally announce it at the Court session, upon the adoption of the said decision or ruling.
The Court judge shall be obliged to provide a written statement of reasons for the dissenting opinion and forward it to President of he Court within a period of seven days after the date on which the decision or ruling was established by the Redaction Commission; this statement shall be published together with the decision in the Official Gazette of the Republic of Serbia and the Bulletin of the Court.
The decision shall not be sent out for publication until the delivery of the dissenting opinion or until the expiry of the time specified for its submission under paragraph 3 of this Article.
If the dissenting opinion has not been delivered to President of the Court prior to the expiry of the time specified under paragraph 3 of this Article, the decision shall be sent out for publication, while the subsequently delivered dissenting opinion shall be attached to the corresponding case file and become an integral component thereof.
The dissenting opinion shall be published in the collection of decisions adopted by the Court, in the same volume as the decision or ruling to which the dissenting opinion was given.
Provisions from paragraphs 1 through 6 of this Article shall be applied accordingly to the joint dissenting opinion of several judges.
Maintaining Order at Sessions
Article 61
President of the Court shall be in charge of maintaining order at sessions. He or she may issue a warning, pronounce reprimands and take the floor from the person disturbing the work at the session.
President of the Court may temporarily conclude or adjourn the session if he or she assesses that the circumstances in the courtroom do not provide for an unimpeded course of the proceedings.
Minutes of the Session
Article 62
Minutes of the session shall be an audio recording, or other kind of registration of its course and outcome.
Excerpt from the Minutes
Article 63
An individual written excerpt from the minutes of a session shall include, specifically: the date on which it was held; the names of present and absent Court judges and other persons who were to attend the session; the subject-matter of the deliberations and adjudication; the wording of the decision; if necessary, a short summary of the deliberations on the subject-matter; the outcome of voting. In instances where the Court rules by a majority of votes, the minutes shall contain the names of judges who have voted “in favour of” or “against”, the judges who gave dissenting opinions and the judges who abstained from voting.
The draft minutes shall be prepared by the Secretary of the Court on the basis of the audio recording, or other registration made in the course of the proceedings.
The minutes of the session shall be adopted, as a rule, at the subsequent Court session and shall be co-signed by President and Secretary of the Court.
A special written record shall be made by the case-processing legal assistant assigned to the case with regards to the case on which the Court adopted the decision, who shall sign it and enclose it with the case files.
c) The Grand Chamber and Chamber Sessions
Proposal for the Decision Deliberated on by the Court
Article 64
At the Grand Chamber and Chamber Sessions, it is deliberated and voted on the proposal for the decision of the judge-rapporteur who is a member of the given chamber.
The proposal for the decision in a case in which, pursuant to Article 41, paragraph 2 of these Rules, he or she has been assigned the function of the judge-rapporteur, President of the Court shall present at the First Grand Chamber session if the case-file is designated by an odd number, and at the Second Grand Chamber session if it is designated by an even number.
Judges who are not members of a particular chamber may sit in sessions and take part in deliberations of the Grand Chamber and Chamber sessions.
Minutes of the Grand Chamber Session
Article 65
Minutes of the Grand Chamber session are an audio recording or any other registration of the course of its proceedings and its outcome.
Excerpt from the Grand Chamber Session Minutes
Article 66
A written excerpt of the minutes of the Grand Chamber session shall specifically include: the date and time of its holding; the names of present and absent Court judges and the recording clerk, and if necessary, of other persons attending the session; the subject-matter of deliberations and adjudication; the wording of the decision; the outcome of voting.
If the decision has not been adopted unanimously, the minutes shall contain the name of each judge and the note whether he or she voted „in favour of“ or „against“.
The draft minutes shall be prepared by the recording clerk.
The excerpt of the minutes under paragraph 1 of this Article shall be adopted, as a rule, at the next session of the Grand Chamber, and shall be signed by President of the Court.
With regards to the case on which the Court has adopted a decision at the Grand Chamber session, a special record shall be made by the case-processing legal assistant assigned to the case, who shall sign it and enclose it with the case files.
Chamber Sessions
Article 67
Chamber Minutes shall specifically include: the date and time of holding the session; the names of present and absent Court judges and the name of the recording clerk; the subject-matter of deliberations and voting; the decision of the Court; the outcome of vote.
If the decision has not been adopted, the minutes shall include the name of each judge with a note whether he or she has voted „in favour of“ or „against“.
The draft minutes are prepared by the Chamber secretary.
Minutes of a session are, as a rule, adopted at the subsequent Chamber session, and are signed by the Chamber president.
Each case-file the Chamber has deliberated on has a special record enclosed within, made and signed by the judges and the Chamber secretary.
Adequate Application of Provisions in the Course of Session Proceedings
Article 68
Provisions of Articles 53 and 61 of these Rules shall be duly applied in the proceedings of the Grand Chamber and Chamber sessions.
3. Special Provisions on Individual Actions
a) The Procedure for Assessing the Constitutionality and Legality of General Acts
Institution of Proceedings
Article 69
The proceedings for assessing the constitutionality and legality of a general act are instituted by means of a proposal by the authorised proponent or by a ruling on instituting the proceedings.
The Court may, of its own motion, adopt a decision on instituting the proceedings for assessing constitutionality or legality upon a well-reasoned proposal of President, a working body or a Court judge.
Suspension of Enforcement of an Individual Act or Action
Article 70
In instances where the proceedings are instituted on a proposal, the Court shall decide on the proposal for suspending the enforcement of an individual act or action which had been undertaken on the basis of the general act the constitutionality and legality of which is being reviewed, within a reasonable time, taking into consideration the consequences which may result from that particular individual act or action.
Discontinuation of the Proceedings
Article 71
In the course of the proceedings, and at the request of the issuer of the contested general act, the Court may suspend the proceedings and give an opportunity to the issuer of the contested act to rectify the noted unconstitutionality and illegality within a specified period of time.
The discontinuation of the proceedings under paragraph 1 of this Article, may last no longer than six months.
If in the set time, the unconstitutionality and illegality have not been rectified, the Court shall resume the proceedings.
Influence of a New Act on the Course of the Proceedings
Article 72
If the issuer of the contested act, in the course of the proceedings, passes a new act, which alters or puts out of force the contested act, the Court shall suspend the proceedings, unless it assesses that they should be continued for the purpose of removing the consequences of the unconstitutionality and illegality.
b) Proceedings for Assessment of Constitutionality of International Agreements
Adequate Application of Provisions
Article 73
The provisions for the proceedings for assessing constitutionality of laws, stipulated by the Law and these Rules, shall be duly applied to the proceedings for assessing the compliance of international agreements with the Constitution.
c) Proceedings for Review of the Constitutionality of a Law before Its Promulgation
Notification of the President of the Republic
Article 74
President of the Court shall notify without delay the President of the Republic of the commencement of the proceedings for assessment of the constitutionality of a law before its promulgation.
d) Proceedings for Rendering Decisions on Postponing the Entry into Force of Decisions Adopted by Autonomous Province Bodies
Motion to Postpone the Effective Date of a Decision Adopted by an Autonomous Province
Article 75
The Court shall adopt a decision on postponing the effective date of a decision adopted by an autonomous province, at the request of the Government, within the period of 45 days after the submission of such a request.
In instances where the Court makes a ruling to postpone the effective date of a decision of an autonomous province, the decision on review of the constitutionality and legality of the contested decision, shall be, as a rule, made within a period of 60 days after the date on which the ruling on postponement was made.
e) The Constitutional Complaint Proceedings
Determining Procedural Requirements
Article 76
The judge-rapporteur shall establish whether the procedural requirements for the Court's proceeding on a constitutional complaint have been met.
In instances where a constitutional complaint is deficient, preventing the Court from proceeding upon it, and where it has been processed into a filing submitted upon the expiry of the time specified for the processing of constitutional complaints, it shall be dismissed on the grounds of Article 36, paragraph 1, point 4) of the Law.
Exempt from paragraph 2 of this Article, the return to the previous condition due to failure to observe the deadline for the processing of constitutional complaints shall be allowed under the conditions stated under Article 84, paragraph 1 and 2 of the Law.
In instances where procedural requirements for the Court's proceeding upon the constitutional complaint have not been met, the judge-rapporteur shall prepare a draft ruling on dismissing the constitutional complaint and communicate it to the Chamber president for calling a session.
In instances where the procedural requirements for conducting constitutional complaint proceedings have been met, the judge-rapporteur shall prepare a proposal for the decision to be forwarded to the president of the corresponding Constitutional Complaint Committee (hereinafter: “the Committee”).
Constitutional Complaint Consideration by Committees
Article 77
The Committee may request from the judge-rapporteur to provide additional data and information of relevance for deliberation in constitutional complaint proceedings.
In instances where the Committee finds that the constitutional issue in question has been completely resolved, it shall prepare a written opinion on the proposal for the decision.
The judge-rapporteur shall submit a proposal for the decision, with enclosed opinion of the Committee and the documentation of relevance for the deliberation to President of the Court for deliberation at the Court session.
Temporary Suspension of the Enforcement of an Individual Act or Action
Article 78
Acting on a motion for the temporary suspension of the enforcement of an individual act or action, the review of which had been requested by the constitutional complaint, the Court shall, as a rule, make a decision within the envisaged time, taking in consideration the reasons and consequences that the individual act or action may produce.
f) The Proceedings upon a Complaint by a Judge, Public Prosecutor or Deputy Public Prosecutor
Hearings
Article 79
The Court shall hold a hearing to determine whether the reasons for the termination of judicial or public prosecutor's duty or function are grounded.
The hearing can be attended, in addition to the propounder of the complaint and the issuer of the disputed act (parties to the proceedings), also by accredited representatives of the media and representatives of the professional community, to the number of seats available in the session chamber, according to their order of application to the Court.
The Court may, on the proposal of the parties to the proceedings, exclude the public from the hearing only in instances envisaged under Article 3, paragraph 2 of the Law.
The exclusion of the general public does not include the parties to the proceedings and their authorised representatives.
The Court may, upon taking the statements from the parties to the proceedings, allow the presence of representatives of the professional community to the hearing from which the general public has been excluded.
Course of the Proceedings
Article 80
The hearing shall be chaired by President of the Court.
President of the Court shall convene the hearing, introduce the subject matter of the hearing and communicate the time envisaged for the exposition of the parties to the proceedings.
After the hearing has commenced, the judge-rapporteur shall briefly introduce the disputed issues in the case considering which the hearing is being held.
President of the Court shall grant the floor to the authorised representative of the issuer of the contested act, and then to the proponent of the complaint or his authorised representative, with a previous warning that in their exposition they shall present their view only on the contested issues which are the subject of the hearing. The envisaged time for the exposition of the parties may, at their request, be extended.
The parties to the proceedings shall present their view on the contested issues and circumstances which are of relevance for deliberations on the offered reasons for the termination of a duty or function.
The hearing shall be closed by President of the Court.
g) The Proceedings Deciding on Whether the President of the Republic Violated the Constitution
Session Reviewing the Act Aimed at Instituting the Proceedings
Article 81
The Court session for establishing if the proceedings for the impeachment of the President of the Republic have 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 was received.
A notice of the session from paragraph 1 of this Article, accompanied with the appropriate documentation, shall be distributed to the judges no less than two days prior to the date on which the Court session shall be held.
In instances where the Court establishes that the proceedings for the impeachment of the President of the Republic have not been instituted in compliance with the Constitution and Law, the act of the National Assembly aimed at instituting the proceedings shall be dismissed.
In instances where the Court establishes that the proceedings for the impeachment of the President of the Republic have instituted in compliance with the Constitution and Law, the deadline for the response of the President of the Republic to the act of the National Assembly shall be set.
Notice of the Session for the Deliberation on a Violation of the Constitution
Article 82
Notice of the session for the deliberations on whether the President of the Republic has violated the Constitution, accompanied with the appropriate documentation, shall be distributed to the Court judges and the Speaker of the National Assembly no less than seven days prior to the date on which the Court session shall be held.
Notice from paragraph 1 of this Article shall contain a warning to all the parties to the proceedings that the deliberations shall be held in their absence if no justified reasons had been given for their non-attendance.
For the Court session from paragraph 1 of this Article, the judge-rapporteur shall prepare a report to be distributed to the Court judges.
Course of the Proceedings
Article 83
Upon opening the session, President of the Court shall announce the subject-matter of deliberation, make a note of the presence of the summoned persons and of whether all of them have been properly served as well as whether those who are not present have justified their absence.
In the 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, while the President of the Republic may be represented.
In instances where one or both parties to the proceedings are absent, the Court shall decide on resuming or adjourning the session.
Upon determining the requirements for holding the session, President of the Court shall ask the representative of the National Assembly to present the reasons for instituting the proceedings for determining whether the President of the Republic has violated the Constitution and then the President of the Republic to respond to the presented arguments.
In the course of the session, the Court judges, withholding their opinion, may pose questions and ask the parties to the proceedings and other participants invited to the session for the clarification of all constitutional issues pertaining to the matter which is the subject of deliberations.
If in the course of the session, President of the Court establishes the need for additional data of relevance for deliberations, the session shall be adjourned.
Upon the conclusion of the proceedings, President of the Court shall ask the representative of the National Assembly, and then the President of the Republic, to give their closing argument.
Recording of the Session
Article 84
The minutes of the session from Article 83 of these Rules shall take the form of an audio recording or any other appropriate type of registration, made in the course of the session.
Deliberations and the Voting Session
Article 85
Upon concluding the session under Article 83 of these Rules, the Court shall, in a session, deliberate and vote on the violation of the Constitution by the President of the Republic.
4. Decisions of the Court
Form and Content of Decisions and Rulings
Article 86
The Court decisions and rulings shall contain: an introduction, the wording of the decision and the statement of reasons.
The introduction shall contain the name of the Court and the name of the Chamber, the name of the president or judge who chaired the session, the names of the Court judges who took part in adjudication, according to alphabetical order based on the first letter of their surnames, the constitutional grounds for adopting the decision, the date on which the Court session was held and other data, depending on the type of the proceedings or issue in question.
The wording of the decision shall contain the Court decision, the title of the contested act and issuer thereof, the date on which the act was issued and the date on which it was published, and other data, depending on the type of the proceedings or issue in question.
The statement of reasons shall contain: the filing and citations thereof which instituted or were the ground for instituting the proceedings; citations from the response of the issuer of the contested act; the provisions of the contested act; the regulation on which the Court's decision is based; the reasons for the decision contained in the wording of the decision, and other elements specific to the matter in question and the type of the decision rendered.
Conclusion
Article 87
In addition to the instances specified by the Law, by its conclusion the Court shall:
1. dismiss the act of the National Assembly aimed at initiating the proceeding for the impeachment of the President of the Republic;
2. decide on issuing a proposal or a notification to the National Assembly.
The conclusion from paragraph 1, point 2) of this Article shall be dispatched in the form of a letter which contains the notification considering the conclusion which has been made.
Partial Decisions
Article 88
When in a constitutional matter more than one issue is being considered, and only some of them have been sufficiently resolved, the Court may, if it considers it expedient, adopt a decision on these issues only.
One Decision
Article 89
When the Court decides on more than one issue at the same time, which, according to Articles 45, 46 and 47 of the Law shall be decided upon in the form of various kinds of acts, the Court shall issue one single decision or ruling.
5. Drafting and Communicating the Court's Decision
Determining the Final Text of the Decision
Article 90
The final text of a decision or ruling adopted by the Court shall be edited by the Redaction Commission.
A proposal for an act prepared by the judge-rapporteur shall be forwarded to the Redaction Commission within a period of 15 days, at the latest, from the date it has been adopted at the session.
The Redaction Commission president shall verify the final text of the decision by his or her signature at the Redaction Commission session, and forward it to President of the Court for signing.
The judge-rapporteur shall verify by signing the final text of the decision which the Reduction Commission does not establish pursuant to Article 34, point 2) of these Rules.
Signing the Original Decision
Article 91
The original of the decision adopted at the Court session is signed by President of the Court, and the original of the decision adopted at a Chamber session is signed by the Chamber president.
In absence of President of the Court, or the Chamber president which chaired the session, the original of the decision is signed by the Deputy President of the Court.
Service of Decisions
Article 92
Parties to the proceedings shall be served with a written copy of the decision, ruling and conclusion, verified by the case-processing legal assistant assigned to the case, or by an authorized civil servant, within 30 days of its adoption.
Where the Court's decision has established the right to compensation of non-pecuniary or pecuniary damages, it shall also be served to the body competent for the payment.
If a decision, ruling or conclusion, for any reason, cannot be served to the parties to the proceedings, the service is performed by putting the documentation on the notice-board of the Court.
In the instance under paragraph 3 of this Article, the service is considered done on the eight day from its being put up on the notice-board of the Court.
If a decision or ruling of the Court, published in the official bulletin, for any reason cannot be served to the parties to the proceedings, the service is considered done on the day of its publishing.
Publication of Decisions
Article 93
A decision or ruling, designated for publication by the Court, shall be, as a rule, delivered for publication within 30 days of its adoption, in the Official Gazette of the Republic of Serbia or other media outlet in which the act deliberated by the Court had initially been published.
Abbreviations of Names and Titles
Article 94
Personal names of natural persons and other personal data from the original of the Court decision or ruling, prior to being published in the 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 of legal entities, unless this person or entity has consented to the publication of their personal data.
Corrections of Decisions
Article 95
In instances where the text of the decision or ruling, published in an official gazette, is not true to the original, a correction shall be made by the Secretary.
Corrections from paragraph 1 of this Article shall be delivered and published in the same manner as the corrected decision had been published.
6. Reconsideration of an Adopted Decision and the Court's Standpoint
Request for Reconsideration of an Adopted Decision
Article 96
At a well-reasoned written request, submitted by President of the Court, a judge or working body, the Court shall put on the Court agenda a motion for reconsideration of an already rendered decision, ruling or conclusion before it is dispatched from the Court.
Exempt from paragraph 1 of this Article, the Court may reconsider an adopted decision or a ruling also after its dispatchment, if the decision or ruling had been grounded on an evidently mistaken notion which could not be rectified by a conclusion on correction or it is contrary to the valid case-law of the Court.
Whether it is necessary to reconsider a decision under paragraph 1 and 2 of this Article shall be decided upon by the Court.
Request for Reconsideration of a Previously Adopted Decision
Article 97
At a well-reasoned written request, submitted by President of the Court, a judge or a working body, the Court shall put on the Court agenda a motion for reconsideration of a previously taken legal standpoint of the Court.
Opinion on the request from paragraph 1 of this Article shall be provided by the competent working body of the Court.
Specific deliberation shall be conducted on the need for reconsideration of the previously taken legal standpoint, providing arguments for the change of the legal standpoint of the Court.
If the Court's legal standpoint cited in the proposal for the decision, varies from a previously taken legal standpoint on an identical issue to the one in question, the adoption of the decision shall be postponed in order for the Court to decide on the need to reconsider its previous standpoint.
Publication of the Changed Legal Standpoint
Article 98
The change of a legal standpoint of the Court shall be recorded in the minutes taken at a Court's regular session.
The changed legal standpoint of the Court and the reasons for the change shall be cited in the first subsequent Court decision or ruling rendered in accordance with the new legal standpoint taken.
7. The Enforcement of Court Decisions
Notice of the Determined Enforcement Mechanism
Article 99
The Court shall serve the party which has submitted the motion for the enforcement of a Court decision with a ruling on the mechanism for the enforcement of the decision.
VI THE WORKING PLAN OF THE COURT AND THE OVERVIEW OF THE COURT WORK
Working Plan of the Court
Article 100
On a proposal made by President of the Court, the Court shall adopt periodical working plans of the Court and monitor their implementation.
Prior to the submission of the proposal under paragraph 1 of this Article, President of the Court shall obtain the opinion of the judges of the Court on the importance and urgency of constitutional matters they have been assigned.
The Court working plans shall be realised according to the order of submissions of cases which were assigned the priority status.
Exempt from paragraph 2 of this Article, on a proposal by the judge-rapporteur, due to the nature of a dispute or urgency of the proceeding upon it, President of the Court may authorise priority dealing with a particular case.
In the event of omission to proceed in the case which has been designated for the urgent action of the Court, President of the Court may, upon obtaining the conclusion of the Court, take the necessary measures.
In accordance with paragraph 3 and 4 of this Article, President of the Court shall also determine agendas for sessions of the Court and the Grand Chamber.
Annual Overview of the Court Work
Article 101
Upon the expiry of a calendar year, the Court shall consider and adopt the annual overview of the Court work.
Handling of Filings out of the Court's Jurisdiction
Article 102
The Court shall not consider filings requesting legal aid or opinion on particular issues or assistance in protecting rights and interests, the complaints against the work of state and other bodies and organizations, or other filings requesting proceedings on issues out of the Court's jurisdiction.
The Secretary of the Court shall inform the proponent in writing of the absence of jurisdiction under paragraph 1 of this Article.
Rules on Internal Order
Article 103
The Rules on Internal Order at the Court shall be specified by a Court act.
Admission of Parties to the Proceedings
Article 104
The Court shall not admit parties to the proceedings in constitutional matters the proceedings of which are under way.
Office Hours
Article 105
Office hours shall be regulated by a Court decision.
By the decision of the Secretary of the Court, the attendance of employees shall be recorded both during office hours and outside office hours.
Meetings and Consultations
Article 106
The Court may organize meetings and consultations on the issues of interest for achieving constitutionality and legality and for the work of the Court.
Expert Opinion Costs
Article 107
A person who, at the request of the Court, during the proceedings provides his or her expert opinion, may be awarded a compensation for the expenses and remuneration for taking part in the proceedings, in accordance with the Court act.
Procedure for Modification and Additions to the Rules
Article 108
A proposal for the modification or addition of new provisions to these Rules may be put forward for consideration by President of the Court, a judge or working body of the Court.
The Commission for Monitoring Achieved Compliance with the Constitution and Law, shall consider a reasoned written proposal from paragraph 1 of this Article before it is considered by the Court.
VIII TRANSITIONAL AND FINAL PROVISIONS
Passing General Acts Envisaged by the Rules
Article 109
The code of conduct of civil servants, the rules of internal order, the decision on internal control of the budget execution and other general acts of the Court envisaged by these Rules, shall be adopted within six months from the date of the enforcement of these Rules.
Continuation of Operation of Standing Working Bodies
Article 110
Standing working bodies, which had been established with the Court prior to the date on which these Rules went into effect, shall continue to operate until the end of their term.
Rules of Procedure Cease to Be in Force
Article 111
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 the RS, no. 24/08, 27/08 - correction, and 76/11).
Entry into Force
Article 112
These Rules shall enter into force on the eighth day from their publication in the Official Gazette of the Republic of Serbia.
PRESIDENT OF THE CONSTITUTIONAL COURT
Dragiša B. Slijepčević, PhD