Odnos Vrhovnog kasacionog suda i Ustavnog suda - konflikt koji i dalje traje
Relationship of the Supreme Court of Cassation and the Constitutional Court – Conflicts that remains

Author(s): Katarina Manojlović-Andrić
Subject(s): Constitutional Law, Public Law, Peace and Conflict Studies
Published by: Fondacija Centar za javno pravo
Keywords: Constitutional Court; Supreme Court of Cassation; conflicts; constitutional appeals; public law; Serbia;
Summary/Abstract: There is a long-standing conflict between the Supreme Court of Cassation and the Constitutional Court over constitutional appeals, which affects legal certainty and the equal protection of the rights of parties in judicial proceedings. Overcoming this dispute is possible within the existing normative solutions - by rectifying the actions of both courts. In order not to become a supreme court that reviews judicial decisions in the same way as regular instance courts do, the Constitutional Court must recourse to self-restraining when deciding on constitutional appeals. The Constitutional Court should only annual judicial decisions when the harmful consequences of unconstitutionality cannot be eradicated by reopening judicial proceedings. On the other hand, the Supreme Court of Cassation must execute the Constitutional Court’s decisions enacted on the constitutional appeals by applying the legal stances taken in those decisions, based on the principle stare decisis.

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