Uporedna analiza odluka Ustavnog suda Srbije i sudska vlast (2003-2013)
Comparative Analysis of Decisions of Constitutional Tribunal and Judicial Authority (2003-2013)

Summary/Abstract: The Constitutional Tribunal is an autonomous and independent government authority that protects constitutionality and lawfulness, human and minority rights and freedoms. Upon enacting the Decision IV number 122/2002 dated 11022003, IV number 232/2003 dated 18032004, IV number 4801/2003 dated 29122003 in the field of judiciary, the Constitutional Tribunal has interpreted the Constitution productively and creatively, performed the function of a natural instrument for balancing of the authorities, moved legislative and executive authorities back to legal frames, protected the judicial authority, independence and autonomy of judges, thus justifying its function. Upon enacting the Decision VII U number 102/2010 dated 28052010 and the Decision VIIIU189/2010 dated 31032011 the Constitutional Tribunal performed, in a slow and segmented manner, the function of the Constitution protector, the guardian of constitutionality and lawfulness, for it did not move legislative and executive authorities back within the Constitution, did not eliminate violations of rights and freedoms of unselected judges, not justifying its function. Decisions of the Constitutional Tribunal in the third period (from July 2012 till the beginning of 2013) lead to the Gordian knot being untied, executive and legislative authorities were moved within the boundaries of the law, abuse of the judiciary authority was prevented, violations of rights and freedoms of unelected judges were eliminated. The Constitutional Tribunal resumed its allocated authorities, in line with its position in the government system.

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