Однос међународног и унутрашњег права према Уставу Републике Србије из 2006. године
Relationship of International and Domestic Law by the Constitution of the Republic of Serbia 2006

Summary/Abstract: This paper analyzes the provisions of the Constitution of the Republic of Serbia from 2006, concerning the relationship of domestic law with international law. It is primarily indicated in the general trends of constitutional solutions on the relationship with international law. In this sense, given the rules of international law relating to the relationship between international and domestic law. Special emphasis has been the practice of the International Court of Justice on this matter. Enhanced to express primacy of international law over internal law. Authors after that analyzed in detail our positive normative framework of the Constitution. Set forth a series of reasoned proposals for improvement of its text in this part, points out the danger of the current legal provisions, stressing their mutual contradiction and imprecision. It points to the unsustainability of the current normative solutions in the constitution when it comes to the application of conventional legal rules. The contents are the views on the direct application of the whole of international law at the national level of the Republic of Serbia. It is shown that the current solutions in the Constitution untenable when it comes to assess the constitutionality of international treaties that have already been ratified, what is indicated by the Venice Commission. The contents are the disadvantages that exist regarding the application of human and minority rights in line with the new practice of international courts and treaty bodies. Particular attention is paid to the necessary amendments of the Constitution of the Republic of Serbia, which will be followed by a process of joining the European Union. On display are specific issues on which the constitutional provisions need to be harmonized with the ranking of the European Union, but also presents some new institutes that will have to be included in the Constitution and which concern the primacy of European Unions law over national law, the rights arising from the rights of citizenship , as well as some changes regarding the promotion of the rule of law. Particularly, the need to introduce provisions in the Constitution on the harmonization of foreign policy with the foreign policy of the European Union. Constitutional changes are necessary on the one hand due to the entry of Serbia into the European Union, and on the other hand need to be made to lead to better protection of national interests and eliminate any potential liability of the Republic of Serbia at the international level for violations of an international obligation.

• Details
• Contents