Обезбеђење слободе правне једнакости и правне сигурности као услов правне државе*
Achieving Freedom of Legal Equity and Legal Safety as a Condition of a Legal State

Summary/Abstract: During the recent years we have witnessed an unsuccessful judicial reform (in 2010) which has shown us that only by established procedures and legal means can commonly accepted social goals be accomplished. In this work, the author points to a series of problems in exercising rights related to police officers’ employment relationships arising from the Law on Police dating from 2016, as well as from (not) passing new implementing regulations. A lot of examples of practice have been analyzed and the conclusion has been reached that regarding certain questions which required urgent procedures (un) debatable decisions were made. Namely, provisions of implementing regulations based on the Law on Police dating from 2005 were applied according to the procedures which had ceased to exist. It can be concluded at first sight that it is no sense. The European Court of Human Rights states that legal provisions should be “adequately accessible, i.e. the citizen must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case; and that a norm cannot be regarded as ‘law’ unless formulated with sufficient precision to enable the citizen to regulate his conduct.”61) Certain legal provisions which were not applied in practice have been analyzed, where the authorized proponent had doubts regarding their constitutionality. The question is: is it possible to apply the provisions of the law in force selectively? That means making current legal norms ineffective, regardless of the “good” intention and “justification” of such a decision. Who has the authority to do it?

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