Decisions of the Constitutional Tribunal and Judicial Authority in the Republic of Serbia (2003-2011) Cover Image

Odluke Ustavnog suda i sudska vlast u Republici Srbiji (2003-2011)
Decisions of the Constitutional Tribunal and Judicial Authority in the Republic of Serbia (2003-2011)

Author(s): Tatjana Kandić
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: Constitutional Tribunal; the Constitution protector; protection of judicial authority; partial and slow performance of the function

Summary/Abstract: The Constitutional Tribunal upon enacting the Decision dated 11.02.2003, dated 29.12.2003, dated 18.03.2004, in the field of judiciary, interpreted the Constitution creatively, performed the function of a natural instrument of balancing governance, moved legislative and executive authorities back to legal frames, represented a shield against any autocracy, protected judicial authority, independence and autonomy of judges and thus justified its function. The Constitutional Tribunal upon enacting the Decision dated 28.05.2010 and the Decision dated 31.03.2011 performed, in a slow and segmented manner, the function of the Constitution protector, guardian of constitutionality and lawfulness, did not move legislative and executive authorities back within the Constitution, did not eliminate violations of rights and freedoms of a large number of unselected judges, it only partially protected judicial authority from the impact of legislative and executive authority and thus did not justify its function in the area of judiciary.

  • Issue Year: 2012
  • Issue No: 1-2
  • Page Range: 107-120
  • Page Count: 14
  • Language: Serbian