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

Summary/Abstract: The text puts forth arguments in favor of the view that First agreement on principles regulating normalisation of relations between Government of Republic of Serbia and Temporary Institutions of Autonomy in Pristina, concluded on April 19, 2013, is a general legal act of enormous political significance. Even though the Agreement was initially a result of political and technical negotiations conducted with the mediation of the international community, subsequently it has be accepted by competent organs- Government and Parliament of Serbia. Analysis of it’s contents clearly indicates that this is a general legal act, consisting of mandatory language. In accordance with clause 12, a Plan for implementation of the Agreement has been developed. Finally, if the Agreement had been solely a political act, it would not be able to create legal consequences, which in fact had happened as number of general legal acts were adopted in the course of it’s implementation. The author further maintains that Constitutional Court paid less attention to legal nature, it’s legal effects and the contents of the Agreement. The Court paid more attention to some other issues that, even if significant in themselves, were less important than issues on which decision on Court’s competence for review of constitutionality depended.

• Details
• Contents