КОМПАРАТИВНА АНАЛИЗА ЕВРОПСКОГ И СИСТЕМА ЗАШТИТЕ ЉУДСКИХ ПРАВА У ПОСТУПКУ ПО УСТАВНОЈ ЖАЛБИ
A Comparative Analysis of the European and Serbian Human Rights Protection System in the Constitutional Complaint Proceeding

Summary/Abstract: In this paper, the author analyses the similarities and differences between two systems of human rights protection: the European and the national system. The European human rights protection system is based on the European Convention for the Protection of Human Rights and Fundamental Freedoms, and it operates on the supranational level. A distinctive feature for exercising the protection of human rights within this system is the mechanism which implies lodging individual applications with the European Court of Human Rights. The second human rights protection system operates on the national level and it is put into effect by filing a constitutional complaint with the national constitutional court. The ruling of the national constitutional court on the issue underlying the constitutional complaint is the specific referential point which connects these two systems, particularly given the fact that the constitutional complaint is a legal instrument of the last resort which has to be exhausted within the national legal system prior to lodging an application with the European Court of Human Rights (ECtHR). The author’s comparative analysis of these two systems of human rights protection is based on the major elements underlying these legal protection instruments, such as: who is eligible to file a constitutional complaint with the national constitutional court or an application with the ECtHR; what can be the legal issue of a constitutional complaint or an application; what are the requirements for the admissibility of a constitutional complaint or an application; and what are the legal effects of the respective rulings of the competent courts.

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