Zakon o političkim strankama pred Ustavnim sudom Srbije
Law on Political Parties before the Constitutional Court of Serbia

Author(s): Vladimir Mikić
Subject(s): Politics, Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; decision-making; Law on Political Parties; 2009; legal framework; Republic of Serbia;
Summary/Abstract: The article examines the perspectives of the decision-making of the Constitutional Court of Serbia in the case of examining the constitutionality of several important provisions of the Law on Political Parties of 2009. The constitutional and international legal framework for the exercise of freedom of association (and the establishment of political parties) is explored, and particular attention is given to examining the political and legal intentions and interests that stood behind the adoption of the Law, as well as the grounds for the criticism of its constitutionality. The key question rests in determining the appropriate measure of proportionality of legal measures aiming at reducing effectively the number of political subjects (parties) in Serbia. This author concludes that the bulk of provisions of the Law do not fulfill the request of proportionality and adequacy, particularly regarding the context of the protection of so-called small parties as well as of the parties representing national minorities. Therefore, the possibility of the Constitutional Court of Serbia deciding that the given provisions violated the Constitution of the Republic of Serbia exists and such a decision would be neither arbitrary nor legally unsound.

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