НАЧЕЛО КОНТРАДИКТОРНОСТИ У ПОСТУПКУ ПРЕД УСТАВНИМ СУДОМ: КОМЕНТАР ПРЕСУДЕ ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА
THE PRINCIPLE OF ADVERBARY MATTER IN PROCEEDINGS BEFORE THE CONSTITUTIONAL COURT: COMMENTARY ON THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

Summary/Abstract: After the Constitutional Court was established in accordance with the 2006 Constitution, parties to various proceedings were provided with another legal remedy for reviewing court decisions. The Constitutional Court, in response to constitutional complaints, began to annul court decisions, finding that these decisions violated or denied human or minority rights and freedoms guaranteed by the Constitution. This caused dissatisfaction among the courts, especially the Supreme (Cassation) Court. The 2022 amendments to the Constitution explicitly provided that a court decision may be reviewed not only by the competent court in a procedure prescribed by law, but also by the Constitutional Court in a procedure based on a constitutional complaint. At the end of 2024, the European Court of Human Rights issued a judgment against Serbia, which found a violation of the right to a fair trial in proceedings before the Constitutional Court due to the failure to provide a constitutional complaint to the person in whose favor the contested court decision was made. The subject of this paper is the analysis of that judgment and its possible impact on the proceedings of the Constitutional Court.

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