Tajnost komunikacija i zaštita bezbednosti Republike - povodom jedne odluke Ustavnog suda Srbije
The secrecy of communication and protection of the security of the Republic - on the occasion of a decision of the Constitutional Court of Serbia

Author(s): Nataša Rajić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Communication studies
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitutionality; Constitutional Court; verdict; communications; Law on the Security Information Agency; Republic of Serbia;
Summary/Abstract: Several important constitutional questions were opened by the decision of the Constitutional Court of Serbia on the unconstitutionality of certain provisions of the Law on the Security Information Agency. Those questions are concentrated around three key categories: the constitutional definition of the possibility of limitation of the right to privacy, the clarity and precision of norms that regulate the jurisdiction of the security services in that area, as well as the proportionality of undertaken measures. The basic problem in the functioning of the state in contemporary circumstances comes from the question whether the concept of individual liberty is partly changed due to new security challenges, as well as to which limit that concept can be redefined without infringement of basic principles of modern legal state. By the analysis of the decision of the Constitutional Court, author of the article made attempt to find out the access of the constitutional court and the legislative body in understanding the level of protection of the right to privacy in constitutional system. The paper also covers the issue of access which was taken by the Constitutional Court in the way of argumentation of the decision. Is there a clear and unambiguous legal and logical access of the Constitutional Court in the argumentation of the decision or not?

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