О уставној жалби и поустављењу уставносудске контроле судских пресуда у Србији
On the Constitutional Appeal and the Constitutional Regulation of the Constitutional Court Control of Court Decisions in Serbia

Author(s): Slobodan P. Orlović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitutional appeal; Constitutional Court; Court decisions; Serbia; Constitution;
Summary/Abstract: The constitutional appeal in Serbia, during fifteen years of practice of the Constitutional Court, has become a common and expected legal remedy. Over time, it began to be seen as a logical continuation of court proceedings, with the outcome where the party in the case (the applicant of the constitutional appeal) is not satisfied with. This led to a legal conflict and a strained relationship between the Supreme Court, which considered that the Constitutional Court had no legal basis to annul court decisions, and the Constitutional Court, which did so. In order not to overcome this situation, the Statute of the Constitutional Court was amended (in favor of the judicial authority), but also declared unconstitutional in one part (in favor of the Constitutional Court) so that in the end, with the Constitutional amendment from 2022, the Constitutional Court would also receive a constitutional basis to review (and annul) court decisions.

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