Acts

Constitution of the Republic of Serbia

VI THE CONSTITUTIONAL COURT

Status

Article 166

The Constitutional Court shall be an autonomous and independent state body which shall protect constitutionality and legality, as well as human and minority rights and freedoms.
The Constitutional Court decisions are final, enforceable and generally binding.

Jurisdiction

Article 167

The Constitutional Court shall decide on:

1. compliance of laws and other general acts with the Constitution, generally accepted rules of the international law and ratified international treaties,

2. compliance of ratified international treaties with the Constitution,

3. compliance of other general acts with the Law,

4. compliance of the Statute and general acts of autonomous provinces and local self-government units with the Constitution and the Law,

5. compliance of general acts of organisations with delegated public powers, political parties, trade unions, civic associations and collective agreements with the Constitution and the Law.

The Constitutional Court shall:

1. decide on the conflict of jurisdictions between courts and state bodies,

2. decide on the conflict of jurisdictions between republic and provincial bodies or bodies of local self-government units,

3. decide on the conflict of jurisdictions between provincial bodies and bodies of local self-government units,

4. decide on the conflict of jurisdictions between bodies of different autonomous provinces or bodies of different local self-government units

5. decide on electoral disputes for which the court jurisdiction has not been specified by the Law,

6. perform other duites stipulated by the Constitution and the Law.

The Constitutional Court shall decide on the banning of a political party, trade union organisation or civic association.
The Constitutional Court shall perform other duties stipulated by the Constitution.

Assessment of constitutionality and legality

Article 168

A proceedings of assessing the constitutionality may be instituted by state bodies, bodies of territorial autonomy or local self-government, as well as at least 25 deputies. The procedure may also be instituted by the Constitutional Court.
Any legal or natural person shall have the right to an initiative to institute a proceedings of assessing the constitutionality and legality.
The Law or other general acts which is not in compliance with the Constitution or the Law shall cease to be effective on the day of publication of the Constitutional Court decision in the official journal.
Before passing the final decision and under the terms specified by the Law, the Constitutional Court may suspend the enforcement of an individual general act or action undertaken on the grounds of the Law or other general act whose constitutionality or legality it assesses.
The Constitutional Court may assess the compliance of the Law and other general acts with the Constitution, compliance of general acts with the Law, even when they ceased to be effective, if the proceedings of assessing the constitutionality has been instituted within no more than six months since they ceased to be effective.

Assessment of constitutionality of the law prior to its coming into force

Article 169

At the request of at least one third of deputies, the Constitutional Court shall be obliged within seven days to assess constitutionality of the law which has been passed, but has still not been promulgated by a decree.
If a law is promulgated prior to adopting the decision on constitutionality, the Constitutional Court shall proceed with the proceedings as requested, according to the regular proceedings of assessing the constitutionality of a law.
If the Constitutional Court passes a decision on non-constitutionality of a law prior to its promulgation, that decision shall come into force on the day of promulgation of the law.
The proceedings of assessing constitutionality may not be instituted against the law whose compliance with the Constitution was established prior to its coming into force.

Constitutional appeal

Article 170

A constitutional appeal may be lodged against individual general acts or actions performed by state bodies or organisations exercising delegated public powers which violate or deny human or minority rights and freedoms guaranteed by the Constitution, if other legal remedies for their protection have already been applied or not specified..

Ensuring the enforcement of decisions

Article 171

Everyone shall be obliged to observe and enforce the Constitutional Court's decision.
The Constitutional Court shall regulate in its decision the manner of its enforcement, whenever deemed necessary.
Enforcement of the Constitutional Court's decisions shall be regulated by the Law.

Organisation of the Constitutional Court. Election and appointment of the Constitutional Court justices

Article 172

The Constitutional Court shall have 15 justices who shall be elected and appointed for the period of nine years.
Five justices of the Constitutional Court shall be appointed by the National Assembly, another five by the President of the Republic, and another five at the general session of the Supreme Court of Cassation.
The National Assembly shall appoint five justices of the Constitutional Court form among ten candidates proposed by the President of the Republic, the President of the Republic shall appoint five justices of the Constitutional Court from among ten candidates proposed by the National Assembly, and the general session of the Supreme Court of Cassation shall appoint five justices from among ten candidates proposed at a general session by the High Judicial Court and the State Prosecutor Council.
On each of the proposed lists of candidates, one of the appointed candidates must come from the territory of autonomous provinces.
A justice of the Constitutional Court shall be elected and appointed from among the prominent lawyers who have at least 40 years of experience in practicing the law.
One person may be elected or appointed a justice of the Constitutional Court on two occasions at the most.
Justices of the Constitutional Court shall elect the president from among their representatives for the period of three years, in a secret ballot.

Conflict of interest. Immunity

Article 173

A justice of the Constitutional Court may not engage in another public or professional function or action, except for the professorship a law faculty in the Republic of Serbia, in accordance with the Law.
A justice of the Constitutional Court shall enjoy immunity as a deputy. The Constitutional Court shall decide on its immunity.

Termination of the tenure of office of the Constitutional Court justice

Article 174

Tenure of office of the Constitutional Court justice shall terminate upon expiry of the period for which he/she had been elected or appointed, at his/her own request, after meeting the requirements regulated by the Law for obtaining the old age pension or by relief of duty.
A justice of the Constitutional Court shall be relieved of duty if he/she violates the prohibition of the conflict of interest, permanently loses the ability to discharge the function of a justice of the Constitutional Court, or is convicted of a penalty of imprisonment or criminal offence which makes him/her ineligible for the post of the Constitutional Court justice.
The National Assembly shall decide on the termination of a justice's tenure of office, on request of movers authorised for election, as well as on appointment for election of a justice of the Constitutional Court. An initiative to institute the proceedings of relieving of duty may be submitted by the Constitutional Court.

The manner of deciding in the Constitutional Court. The Law on the Constitutional Court

Article 175

The Constitutional Court shall adjudicate by the majority of votes cast by all justices of the Constitutional Court.
A decision to autonomously institute the proceedings of assessing the constitutionality or legality shall be passes by the Constitutional Court by two thirds of the majority votes cast by all justices.
Organisation of the Constitutional Court and the proceedings before the Constitutional Court, as well as the legal effect of its decisions shall be regulated by the Law.