Primena prakse Evropskog suda za ljudska prava od strane Ustavnog suda u postupcima po ustavnim žalbama
The Jurisdiction of the European Court of Human Rights in the Constitutional Complaint Proceedings before the Constitutional Court

Author(s): Nataša Plavšić
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Evaluation research, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: Serbia; European Convention on Human Rights; Constitutional Court of Serbia; case-law;
Summary/Abstract: The European Convention on Human Rights and the jurisdiction of the European Court of Human Rights have special position in the legal order of the Republic of Serbia – they are part of the of the Serbian legal system, they are below the Constitution and above the law and they are directly implemented and applicable. This special position of the European Convention and the jurisdiction of the Strasbourg Court have been recognized by the Constitutional Court of Serbia who frequently applies Strasbourg standards and jurisdiction. The paper analyzed the examples of good practice of the Constitutional Court in the implementation and harmonization of its case-law with the case-law of the European Court of Human Rights and challenges that the Constitutional Court is facing in this process.

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