ПОНАВЉАЊЕ ПАРНИЧНОГ ПОСТУПКА ЗБОГ ОДЛУКЕ УСТАВНОГ СУДА
REPEATED TRIAL DUE TO THE DECISION OF THE CONSTITUTIONAL COURT

Summary/Abstract: The main focus of this paper is on the repeated trial due to the decision of the Constitutional Court. This new ground for repeated trial has been introduced through 2009 Amendments to the Civil Procedure Code and is still present within the 2011 Serbian Civil Procedure Code. The trial completed by a final court decision may be repeated upon request of a party in a situation where Constitutional Court finds that there has been a violation or denial of constitutional rights and liberties in civil procedure, provided that this could have resulted in a different decision by a lower instance court. After quashing the decision of the competent civil court, Constitutional Court orders the case to be re-opened. On the other hand, Article 426 of Civil Procedure Code provides that trial can be repeated only upon request of the party. The Constitutional Court insists on its legal standing being followed in the repeated trial, which has already led to conflicting interpretations before the High Court in Belgrade. The author focuses its analysis on inspection of these pertinent problems from the standpoint of essential principles of civil procedure.

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