Anatomy and Pathology of the Legislation in Serbia at the Beginning of the Twenty-First Century Cover Image

Anatomija i patologija zakonodavstva u Srbiji početkom dvadeset prvog veka
Anatomy and Pathology of the Legislation in Serbia at the Beginning of the Twenty-First Century

Author(s): Goran Dajović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legislation; Individual laws; Authentic interpretation; Emergency legislative procedure;
Summary/Abstract: Apart for occasional reports and analyses by various non-governmental organizations, parliamentary practice and legislative procedures in Serbia are not the focal point of critical attention in domestic legal public and science. Therefore, it seems justified to shed light on and subject to criticism certain legally relevant manifestations of parliamentary practice. This practice can be succinctly characterized today as being contrary to the fundamental principles of rational legislation, as well as the principles of the rule of law, democracy, and the separation of powers, even though these principles are incorporated and elaborated in relevant legal sources in Serbia. It appears that Serbian legislative practice is unique compared to other (Eastern) European countries precisely because, despite a modern normative legal framework, it is denied in Serbia in particularly "colorful" ways. As a result, although it remains formally valid, it is circumvented or abused. However, in order to sharpen the contrast between the letter and the spirit of norms on the one hand, and legislative practice on the other, it is necessary to provide a brief description of the anatomy of the normative legal framework in Serbian legislation. This entails a concise overview of statutes as a source of law in Serbia, as well as the pre-parliamentary and parliamentary stages of the legislative process.On the other hand, paradigmatic cases of legislative pathology that will be analyzed include the extensive use of emergency legislative procedures, the enactment of individual statutes, and the widespread practice of the so-called authentic interpretation. These practices may not be the most severe and probably not the most fatal "diseases" of the Serbian legislation. Nevertheless, within legislative branch of government, they are the most illustrative manifestations of political and moral gangrene that have affected Serbian society in the 21st century.

  • Page Range: 480-504
  • Page Count: 25
  • Publication Year: 2024
  • Language: Serbian
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