Izdvojeno mišljenje na odluku Ustavnog suda IUo-247/2013
Separate Opinion to the Constitutional Court’s Decision IUo-247/2013

Summary/Abstract: The author disputes Constitutional Court’s arguments for dismissal of proposal for the review of constitutionality and legality of Brussels Agreement. In the text of explanation of Constitutional Court’s Conclusion some significant facts have been omitted due to unilateral and partisan approach to the solving of this issue. One can raise the objection that Constitutional Court failed to take fully in account contrary arguments raised in the public debate when reaching conclusion that Brussels Agreement has no characteristics of an international agreement.. The author maintains that Constitutional Court’s view that Brussels Agreement is a political, not legally binding act and a political platform of a sort that yet has to be legally formulated through a legal act, Law on substantial autonomy of Autonomous Province of Kosovo and Metohia, should be fully dismissed. Most provisions of Brussels Agreement have legally binding normative contents. Its’ provisions have already altered legal situation in number of areas and established new situation in the field. Constitutional Court has been under obligation to adopt a Decision determining non- constitutionality of Brussels Agreement as this agreement is not merely contrary to Constitution- it even alters the Constitution.

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