LAWON THE CONSTITUTIONAL COURT("Off. Herald of RS", Nos. 109/2007, 99/2011, 18/2013 - Decision of the CC, 103/2015 and 40/2015 - other law) |
Article 1
The organisation of the Constitutional Court, the procedure before the Constitutional Court and the legal effect of its decisions are determined by this Law.
Article 2
The Constitutional Court shall decide on questions from its jurisdiction determined by the Constitution of the Republic of Serbia (hereinafter: the Constitution) and shall perform other activities determined by the Constitution and by law.
Article 3
The work of the Constitutional Court shall be public.
Transparency shall be provided by means of publication of decisions of the Constitutional Court, by publication of statements from sessions on the Internet home page of the Constitutional Court, by holding public debates and hearings in procedure before the Constitutional Court, by release of communiqués to the public information media, by holding press conferences and in other manner.
The Constitutional Court may exclude the public, only for the purpose of protecting the interests of national security, public order and morality in a democratic society, as well as for the purpose of protecting the interests of minors or the privacy of participants in a procedure.
Exclusion of the public shall not pertain to the participants in a procedure, their legal representatives and representatives of the professional public.
A judge may not express publicly his/her opinion about questions which are the subject matter of a dispute before the Constitutional Court.
Article 4
Every person may request insight into the case files and to request that he/she be allowed to copy the files, in accordance with the law governing free access to information of public importance.
Exceptionally, in a procedure of constitutional complaint and complaint of judges, public prosecutors and deputy public prosecutors, the Constitutional Court may decide to grant the right of insight into case files solely to participants in the procedure.
Insight into case files shall not be allowed if there are reasons for exclusion of the public and in other cases, in accordance with law.
Article 5
A procedure before the Constitutional Court shall be conducted in the Serbian language, with the use of the Cyrillic script.
Official usage of other languages and scripts in a procedure before the Constitutional Court shall be effected in accordance with the law governing the use of those languages and scripts.
Article 6
Procedures before the Constitutional Court shall not be subject to any court fee.
Participants in a procedure before the Constitutional Court shall bear their own expenses, unless the Constitutional Court determines otherwise.
The Constitutional Court may compensate other summoned persons for their expenses and determine a fee for their participation in the procedure.
Article 7
Decisions of the Constitutional Court shall be final, enforceable and universally binding.
The manner and procedure of enforcing decisions of the Constitutional Court shall be determined by this Law.
Article 8
The provisions of appropriate procedural laws shall be applied mutatis mutandis to the matters of procedure before the Constitutional Court which are not regulated by this Law.
Matters of procedure not regulated by this Law or provisions of other procedural laws shall be decided on in each individual case by the Constitutional Court.
Article 9
Constitutional Court shall pass general and individual acts, by majority vote of all judges, except in cases prescribed by this Law.
Article 10
The Constitutional Court shall adopt the Rules of Procedure of the Constitutional Court (hereinafter: Rules of Procedure) by majority vote of all judges, which regulate in detail the organisation, manner of work and the procedure before the Constitutional Court.
Rules of Procedure shall be published in the "Official Herald of the Republic of Serbia".
II ELECTION, APPOINTMENT, TERMINATION OF OFFICE AND STATUS OF CONSTITUTIONAL COURT JUDGES
Article 11
The Constitutional Court consists of 15 judges elected and appointed in the manner prescribed by the Constitution.
On assuming the duty, judges take an oath before the Speaker of the National Assembly.
The text of the oath shall be as follows: "I solemnly swear to abide by the Constitution and laws of the Republic of Serbia in my work and to perform my duty honourably, conscientiously and impartially".
Article 12
Six months before the expiry of the nine-year term of office to which a Constitutional Court judge has been appointed, i.e. elected, the President of the Constitutional Court shall notify thereof the authorised propounder and the National Assembly.
Article 13
A Constitutional Court judge shall file a request for termination of office before the expiry of the term to which he/she has been elected, i.e. appointed, to the authorised propounder for election, i.e. appointment, to the National Assembly, and the President of the Constitutional Court.
If the National Assembly fails to adopt a decision on the request referred to in paragraph 1 of this Article within three months from the day it was filed, the office of the Constitutional Court judge shall terminate by force of law on the expiry of that time limit, and that shall be declared in a ruling passed by the President of the Constitutional Court.
In case of death of a Constitutional Court judge, the President of the Constitutional Court shall inform the authorised propounder and the National Assembly thereof.
Article 14
A Constitutional Court judge shall cease to perform duties upon fulfilment of general conditions for retirement.
Notwithstanding paragraph 1 of this Article, the Constitutional Court may extend the working age of a judge until the pending cases in which he is engaged have been closed, but no later than the expiration of the period for which he/she was elected, i.e. appointed, with his consent.
The President of the Constitutional Court shall notify the authorised propounder for election, or appointment of a judge, and the National Assembly, that the judge has fulfilled requirements for mandatory retirement, no later than six months before the fulfilment of those requirements.
In the case referred to in paragraph 3 of this Article, the authorised propounder shall initiate a procedure for termination of office of the Constitutional Court judge.
If the National Assembly fails to adopt a decision on the termination of office of the judge who has fulfilled requirements for retirement, the office of that judge shall terminate on the day when those requirements were fulfilled, and this shall be declared in a ruling passed by the President of the Constitutional Court.
Article 15
A Constitutional Court judge shall be dismissed if he/she becomes a member of a political party, violates the prohibition of conflict of interest, suffers permanent loss of ability to perform the duty of a Constitutional Court judge, or is convicted to a prison sentence or convicted for a punishable offence rendering them him/her unworthy to serve as a Constitutional Court judge.
Fulfilment of conditions for dismissal of a Constitutional Court judge shall be determined by the Constitutional Court.
Procedure for dismissal shall be initiated by authorised propounder for the election, i.e. appointment of Constitutional Court judges. Initiative for commencement of dismissal procedure may be filed by the Constitutional Court.
Article 16
A Constitutional Court judge may not hold other public or professional office or job, except for professorships at faculties of law in the Republic of Serbia.
Unpaid work in cultural and artistic, humanitarian, sports or other associations shall not within the meaning of this Law be deemed as public or professional office or job.
Constitutional Court judge shall inform the Constitutional Court of activities from paragraph 2 of this Article.
Professorship at a faculty of law shall within the meaning of this Law be deemed as conducting teaching activities at a faculty as full or associate professor.
Where it is suspected that a conflict of interest may exist, a Constitutional Court judge may approach the Constitutional Court for its opinion.
Article 17
Loss of ability to work as a Constitutional Court judge shall be determined on the basis of an expert finding and opinion of an authorised health-care institution.
Article 18
The competent court, i.e. other state authority, shall serve to the authorised propounder for the election, i.e. appointment of a Constitutional Court judge, and to the Constitutional Court, a legally binding decision on conviction of a Constitutional Court judge to a prison sentence or conviction for other punishable offence.
Article 19
For the duration of the procedure for determining whether requirements for dismissal a Constitutional Court judge have been fulfilled, the judge may be suspended from duty.
Decision on suspending a Constitutional Court judge shall be passed at the proposal of the President of the Constitutional Court.
Decision on suspension of the President of the Constitutional Court shall be passed at the proposal of at least three Constitutional Court judges.
Decision on suspension shall be passed by the Constitutional Court, by majority vote of all judges, in accordance with the Rules of Procedure.
Article 20
Where the office of a Constitutional Court judge is terminated before the expiry of the term to which that judge has been elected, i.e. appointed, the authorised propounder shall nominate two candidates for election, i.e. appointment.
The nomination referred to in paragraph 1 of this Article shall be submitted to the authority in charge of the election, i.e. appointment, within three months from the date of notification about the termination of a Constitutional Court judge’s office.
If the Constitutional Court judge whose office has been terminated was from the territory of an autonomous province, the candidates for election, i.e. appointment, shall be from the territory of the autonomous province.
Article 20a
The salary of a judge of the Constitutional Court shall be commensurate to the position and competences of the Constitutional Court and the responsibility of a judge for performing his/her duties, and shall represent one of the guarantees of his/her independence in the protection of constitutionality and legality of human and minority rights and freedoms.
The salary of the President and judges of the Constitutional Court shall be determined on the basis of base salary.
Under this Law, the base salary shall represent the value which does not include the percentage for the valuation of past service.
The base for calculation and payment of salaries of the President and judges of the Constitutional Court shall be determined by the Budget Law of the Republic of Serbia.
The coefficient for the calculation and payment of salary of the President of the Constitutional Court shall be 12.00, and for judges of the Constitutional Court 10.50.
In the event of vacancies in judicial positions at the Constitutional Court, the salary of the President and judges of the Constitutional Court shall be increased by 10% for each vacant judicial position, until all judicial positions have been filled.
A Constitutional Court judge who has been elected, i.e. appointed to office from the ranks of law faculty professors, whose employment rights are covered by the law faculty, shall be entitled to a monthly compensation equal to the difference between the salary of a judge of the Constitutional Court, calculated for full-time work and without increases based on years spent at work, and the salary provided by the law faculty, determined in accordance with the regulations governing the manner of calculation of funds for salaries and coefficients for the calculation and payment of salaries at faculties the activities of which are financed from the budget of the Republic of Serbia.
Article 21
Constitutional Court judge whose office has been terminated shall be entitled to receive a compensation of salary in the duration of six months in the amount equal to the salary of Constitutional Court judge.
The entitlement to compensation of salary shall cease before the expiry of the six months time limit if a judge whose office is terminated establishes an employment relation or acquires the right to a pension, and can be extended for additional six months if he/she acquires the right to pension within those six months.
Constitutional Court judge whose office was terminated due to fulfilling requirements for age related pension, or who has been dismissed due to membership in a political party, violation of the prohibition of conflict of interest, conviction to a prison sentence or conviction for a punishable offence rendering him/her unworthy to serve as a Constitutional Court judge, shall not be entitled to compensation of salary from paragraphs 1 and 2 of this Article.
Constitutional Court judge whose office was terminated upon expiry of the period for which he was elected or appointed, shall be entitled to return to work in a state and other authority or legal entity from which was elected or appointed as a judge of the Constitutional Court, to the duties performed before his/her election, i.e. appointment, or to other activities matching his/her level of expertise and skills, within three months from the date of cessation of duty.
Judicial or public prosecutor function of a Constitutional Court judge who was elected or appointed from the ranks of judges or deputy public prosecutors shall be suspended during his service as a judge of the Constitutional Court.
A judge or deputy public prosecutor referred to paragraph 5 of this Article, whose office was terminated upon expiry of the period for which he was elected or appointed, shall continue to perform the judicial function, i.e. the deputy public prosecutor function at a court or public prosecutor's office from which he was elected i.e. appointed to office.
The High Court Council, i.e. State Prosecutors Council shall issue a decision on the case referred to in paragraph 6 of this Article within 30 days of termination of office of a Constitutional Court judge.
The public prosecutor function of a Constitutional Court judge who was elected or appointed from the ranks of public prosecutors shall be terminated on the date of taking office, and upon termination of office of a Constitutional Court judge, due to expiry of the period for which he/she was elected i.e. appointed to office, the State Prosecutors Council shall, within 30 days, issue a decision on his election to the position of deputy public prosecutor at the public prosecutor's office from which he was elected i.e. appointed as a judge of the Constitutional Court.
III ORGANISATION OF THE CONSTITUTIONAL COURT
Article 22
The seat of the Constitutional Court shall be in Belgrade.
Sessions, public hearings and other types of activities of the Constitutional Court may be held outside of the seat of the Constitutional Court, by decision of the Constitutional Court.
Article 23
The Constitutional Court shall have a President.
The President of the Constitutional Court shall be elected by the judges of the Constitutional Court from among them, by secret ballot and a majority vote of all the judges, to a term of office of three years, with possibility of re-election.
If the President of the Constitutional Court is not elected, the office of the President, until the election, shall be exercised by the Deputy President, i.e. the oldest judge.
Article 24
The President of the Constitutional Court shall represent the Constitutional Court, convene its sessions, propose the agenda and chairs sessions, harmonise the work of the Constitutional Court, look after the implementation of Constitutional Court acts and perform other duties determined by this Law, the Rules of Procedure and other acts of the Constitutional Court.
The President of the Constitutional Court shall also perform the duty of a judge.
Article 25
The Constitutional Court shall have a Deputy President, who stands in for the President of the Constitutional Court if the President is absent or otherwise engaged.
Provisions of this Law on election and term of office of the President of the Constitutional Court shall apply mutatis mutandis to the election and term of office of Deputy President.
The Deputy President of the Constitutional Court shall also perform the duty of a judge.
Article 26
The Constitutional Court shall have a Secretary, appointed by a majority vote of all the judges, to a term of office of five years, with the possibility of re-appointment.
The Secretary manages the Professional Service of the Constitutional Court and is accountable to the Constitutional Court for his/her work.
The Secretary of the Constitutional Court may have a deputy, appointed by the Constitutional Court by majority vote of all judges, for a period of five years, with possibility of re-appointment.
The Secretary and Deputy Secretary of the Constitutional Court shall have the status of civil servant holding a post.
Requirements for the appointment of Secretary and Deputy Secretary shall be determined by an act of the Constitutional Court.
Article 27
The Constitutional Court shall form a Professional Service for performance of professional and other tasks.
Organisation, tasks and manner of work of the Professional Service shall be governed in more detail by an act of the Constitutional Court.
Rights and obligations of employees in the Professional Service shall be governed by regulations governing the rights and duties of civil servants and appointees, unless otherwise specified by this Law.
Article 27a
The required number of civil servants in post, civil servants in executorial positions and appointees in the Professional Service shall be determined by the act referred to in Article 27, paragraph 2 of this Law.
Article 27b
A post with the Professional Service is a work position where a civil servant has the authority and responsibilities linked to managing and coordinating the work of the Professional Service, i.e. certain parts of the Professional Service, or where he/she is responsible for organizing and conducting the most complex professional duties that are in function of exercising the constitutionally defined competences of the Constitutional Court.
The Constitutional Court shall appoint a civil servant to a post with the Professional Service by majority vote of all judges.
A civil servant holding a post with the Professional Service may be transferred, either temporarily or until the expiry of the period for which he/she was appointed, to another position in the Professional Service if required by the interests of achieving the constitutionally defined competences of the Constitutional Court, where the time spent at the previous post is counted in the time for which the civil servant was appointed.
Article 27c
A civil servant may be promoted by being transferred to an executorial work position of higher rank, by appointment to a post or senior post in the Professional Service, i.e. by switching to a higher salary grade without changing the work position.
A civil servant who was awarded the mark of "outstanding distinction" at least three consecutive times may be promoted to an executorial position which is not next higher in rank, if he/she fulfils the conditions for performing the activities in that work position.
The salary grade coefficient of a civil servant who has been promoted by being transferred to an executorial position of higher rank, shall be determined by the President of the Constitutional Court within the salary group of his/her new work position, taking into account that the coefficient which is being determined, reflects the complexity and scope of duties to be performed by the civil servant at that work position, as well as taking into account the previous work achievements of the civil servant.
A civil servant who became employed by the Constitutional Court and who was awarded the mark of "outstanding distinction" after his/her first year of employment, shall be promoted by two salary grades within the salary group of the work position to which he was assigned.
Article 27d
The employees in the Professional Service may be awarded with coefficients for calculation and payment of salaries of which are up to 30% higher than the coefficients established by the law regulating the salaries of civil servants and appointees.
The coefficient level referred to in paragraph 1 of this Article shall be awarded by a salary act passed by the Constitutional Court in favour of employees of the Professional Service, by majority vote of all judges.
The base for calculation and payment of salaries of employees of the Professional Service shall be equal to a base for calculation and payment of salaries to civil servants and appointees in other government bodies.
Article 27e
Secretary of the Constitutional Court shall prepare a draft personnel plan simultaneously with the preparation of the proposal for the budget of the Constitutional Court, so as to ensure its compliance.
The personnel plan shall be passed by the President of the Constitutional Court, following the obtained opinion of the working body of the Constitutional Court in charge of organizational and financial issues.
Article 27f
The costs of additional education of civil servants in Professional Service which is relevant to the work of the Constitutional Court, as well as costs related to the completion of professional practice of civil servants in Professional Service in the international institutions responsible for human rights and constitutional courts of other states, shall be borne by the budget funds of the Constitutional Court.
The rights and obligations of a civil servant in the Professional Service who receives additional education, i.e. who is sent to professional practice, shall be regulated in accordance with the law governing the rights and obligations of civil servants.
Article 28
Funds needed for the work and functioning of the Constitutional Court (hereinafter: the budget of the Constitutional Court) shall be provided from the budget of the Republic of Serbia, at the proposal of the Constitutional Court.
The Constitutional Court shall use the budget funds of the Constitutional Court independently.
The Government may not, without the consent of the President of the Constitutional Court, suspend, postpone or limit the execution of the budget of the Constitutional Court.
The procedure for determining the budget proposal of the Constitutional Court shall be regulated by this Law and Rules of Procedure.
Article 28a
Secretary of the Constitutional Court shall prepare the proposal of the budget of the Constitutional Court in accordance with the law regulating the budgetary system and the Rules of Procedure, and shall submit it to a working body of the Constitutional Court in charge of financial matters.
The working body referred to in paragraph 1 of this Article shall establish the proposal of the budget of the Constitutional Court and shall forward it to the President of the Constitutional Court who shall send it to the Ministry in charge of finance affairs for a reasoned opinion.
The Minister in charge of finance affairs shall deliver a reasoned opinion on the proposal referred to in paragraph 2 of this Article to the Constitutional Court.
In the event that the Minister in charge of finance affairs has some objections to the submitted proposal of the budget of the Constitutional Court, he/she shall organize consultations with the President of the Constitutional Court and the working body referred to in paragraph 1 of this Article, so as to achieve agreement.
If the Minister in charge of finance affairs has no objections to the proposal of the budget of the Constitutional Court or if an agreement referred to in paragraph 4 of this Article is reached, the Constitutional Court, by majority vote of all judges, shall determine the final proposal of the budget of the Constitutional Court, to be included without modification in the draft budget law of the Republic of Serbia by the Ministry in charge of finance affairs, as well as in the proposal of the budget law of the Republic of Serbia, without modification, by the Government.
If no agreement referred to in paragraph 4 of this Article is reached, the Ministry in charge of finance affairs shall include, without modification, the final proposal of the budget of the Constitutional Court referred to in paragraph 5 of this Article, in the draft law of the budget of the Republic of Serbia, and the Government, without modification, in the proposal of the budget law of the Republic of Serbia.
In the event referred to in paragraph 6 of this Article, the Government shall in the reasoning of the proposal of the budget law of the Republic of Serbia, state the reasons why it considers the budget proposal of the Constitutional Court unacceptable.
Article 28b
Control of the execution of the Constitutional Court’s budget shall be conducted in accordance with the regulations governing the budgetary system, accounting and auditing.
The Constitutional Court shall ensure that internal control of Constitutional Court’s budget execution is performed in the manner provided by the Rules of Procedure, in accordance with the regulations governing the budgetary system, accounting and auditing.
IV PROCEDURE BEFORE THE CONSTITUTIONAL COURT AND LEGAL EFFECT OF ITS DECISIONS
Article 29
Participants in a procedure before the Constitutional Court shall be the following:
1) State authorities, authorities of the autonomous provinces and local self-government entities, members of parliament, in procedures for assessing constitutionality or legality (hereinafter: authorised propounder);
2) Anyone on whose initiative a procedure for assessing constitutionality or legality has been initiated (hereinafter: the initiator);
3) Enactor of a law, statute of an autonomous province, i.e. local self-government entity or some other general act (hereinafter: general act) whose constitutionality or legality is being assessed, as well as parties to a collective agreement;
4) Political party, trade union organisation or citizens’ association whose statute or other general act are the subject of constitutionality or legality assessment, or which is under assessment for prohibition of activity;
5) Religious community which is under assessment for prohibition of activity;
6) Anyone at whose request a procedure is being conducted for deciding on an electoral dispute for which jurisdiction of a court has not been determined by a law, as well as the authority in charge of organizing the election in connection with the electoral activity of which the dispute is being initiated;
7) State and other authorities who accept i.e. disclaim jurisdiction, as well as anyone who was unable to exercise a right because of acceptance or disclaiming of jurisdiction;
8) Government, Republic Public Prosecutor and authority in charge of registering political parties, trade union organisations, citizens’ associations or religious communities, in procedures for the prohibition of the activity of political parties, trade union organisations, citizens’ associations or religious communities;
9) Submitter of а constitutional complaint, as well as а state authority i.e. organisation vested with public authority, against the individual acts or actions of which the constitutional complaint has been filed;
10) Authority designated by the statute of an autonomous province i.e. a local self- government unit, in complaint procedure where the exercise of the authority of an autonomous province, or a local self-government unit, is precluded by an individual act or action of a state authority or local self-government authority, as well as the authority against the individual act or action of which the complaint has been filed;
11) National Assembly and the President of the Republic when the existence of a violation of the Constitution in a procedure for his dismissal is being decided on;
12) Judges, public prosecutors and deputy public prosecutors in a procedure on appeal against decision on termination of office, as well as the authority that passed the decision on termination;
13) Other persons, in accordance with the law.
Other persons summoned by the Constitutional Court may also participate in proceedings before the Constitutional Court.
Article 30
Authorities and organisations are represented in procedures before the Constitutional Court by their authorised representatives.
Persons authorised by the participants in procedures by special authorisation may participate in procedures before the Constitutional Court.
Article 31
Participant in procedure has the right to file proposals and a duty to provide necessary data and information in the course of a procedure and during a hearing, to submit evidence and to undertake other activities of significance for the decision-making of the Constitutional Court.
Participant in proceedings is entitled to present and explain his/her position and reasons during the procedure, as well as to answer the claims and reasons of other participants in the procedure.
Participant in proceedings may, in the course of proceedings, abandon his/her proposal, claim, appeal i.e. initiative.
Article 32
Submissions filed to the Constitutional Court shall be sent by mail or handed over directly to the Constitutional Court and must be signed.
Proposal, initiative i.e. other submission shall be deemed filed on the day when it was handed over to the Constitutional Court.
If a proposal, initiative or other submission were sent by registered mail, the day of handover to the post office shall be deemed as the day of handover to the Constitutional Court.
Article 33
At the request of the Constitutional Court, a reply to a proposal, initiative and decision to initiate a procedure to assess constitutionality i.e. legality of a general act shall be provided by the enactor of that act, i.e. an authority authorised by the enactor.
In respect of an initiative for assessing the constitutionality of a law i.e. constitutionality or legality of other general act adopted by the National Assembly, the Constitutional Court may, before initiating a procedure, request an opinion from the National Assembly.
In respect of an initiative for assessing the constitutionality of the statute of an autonomous province i.e. of a local self-government unit, the Constitutional Court may, before initiating a procedure, request an opinion from the Assembly of the autonomous province i.e. of the local self-government unit.
Article 34
The enactor of the contested general act shall, within a time limit determined by the Constitutional Court which may not be shorter than 15 days, submit the contested general act and necessary documentation and to provide data and information of significance for the conduct of the procedure and decision-making.
State and other authorities, organisations vested with public authority, legal and natural persons shall provide data and information of significance for the procedure and decision-making of the Constitutional Court, at the request of the Constitutional Court, within a time limit that may not be shorter than 15 days.
If the Constitutional Court does not receive a response, opinion, requested data and information within the specified time limit, the procedure may be resumed.
Article 35
In procedure before the Constitutional Court, a judge rapporteur shall be named, in accordance with the Rules of Procedure.
Exceptionally, when so required by the complexity of constitutional and legal issues, the President of the Constitutional Court may appoint one or more judges to conduct the proceedings with the judge rapporteur and prepare a joint proposal of the act to be ruled on by the Constitutional Court.
Article 35a
The actions in the preliminary procedure shall be undertaken by the judge rapporteur i.e. the Professional Service, in accordance with this Law and the Rules of Procedure.
In the preliminary procedure the accuracy and admissibility of motions to initiate or begin the proceedings before the Constitutional Court shall be examined, acts on instituting the proceedings i.e. motions for response and opinion shall be submitted, the necessary data, information and evidence to verify the allegations in the motion to institute proceedings to review constitutionality or legality shall be collected.
In the preliminary procedure, other procedural actions relevant to the decision making of the Constitutional Court shall also be undertaken.
Article 36
The Constitutional Court shall dismiss a motion to initiate or institute a procedure before the Constitutional Court:
1) When it determines that the motion is not within the scope of jurisdiction of the Constitutional Court;
2) If the motion was not filed within the designated time limit;
3) If the motion is anonymous;
4) When the submitter had not rectified shortcomings within a designated time limit which preclude the ruling of the court;
5) When it determines that the motion is manifestly unfounded;
6) If it determines that the motion represents an abuse of rights;
7) When other preconditions for conducting a procedure and ruling do not exist, as established by law.
When the Constitutional Court determines that the motion falls beyond the scope of its jurisdiction, it may refer the motion to a competent authority.
Article 37
Constitutional Court shall hold a public hearing in the procedure for assessing constitutionality or legality, in the procedure for deciding on electoral disputes, as well as in proceedings for prohibition of work of a political party, trade union organisation, citizens' association or religious community.
Constitutional court can decide not to hold a public hearing in procedure for assessing the constitutionality or legality: if it deems that the matter was sufficiently clarified in the course of procedure and that, on the basis of evidence collected, it can decide even without holding a public hearing; if it has already decided on the same matter and new reasons for making a different decision on the matter have not been provided, as well as if there are conditions for discontinuation of procedure.
Constitutional Court can hold a public hearing in other cases too, when it deems that holding of a public hearing is necessary, in particular when the case concerns a complex constitutional or legal issue, or when there is an issue of constitutionality or legality on which the Constitutional Court does not have a position.
Article 38
All participants in proceedings shall be summoned to public hearing, in order to express their positions and provide necessary information.
If it is in the interest of assessing the constitutionality or legality, the Constitutional Court can summon representatives of authorities and organisations responsible for enforcing the given general act.
When necessary, representatives of authorities and organisations, scholars and public officials, as well as other persons, shall be summoned to public hearing in order to give opinions and explanations.
Article 39
Absence of certain participants in proceedings from a public hearing shall not preclude the Constitutional Court from holding a public hearing and passing a decision.
Article 40
Constitutional Court may suspend or adjourn the public hearing in order to obtain necessary data, information and opinions, as well as in other justified cases.
Article 41
Other issues related to public hearing shall be governed in more detail by the Rules of Procedure.
d) Manners of Work of Constitutional Court
Article 42
Constitutional Court shall decide on issues within its competence in a session of the Constitutional Court, session of the Grand Chamber, or session of the Chamber.
Constitutional Court may, in order to clarify things in a case, hold also the preparatory meetings, consultative meetings and other sessions, in accordance with the Rules of Procedure.
Article 42a
The Constitutional Court shall, in a session of the Constitutional Court, composed of all judges of the Constitutional Court:
1) Pass general acts;
2) Make decisions referred to in Article 45, items 1) to 5), items 8), 11), 14) and 15) of this Law;
3) Initiate the procedure for the determination of unconstitutionality or illegality of a general act, upon its own motion;
4) Issue a decision referred to in Article 46, item 10) of this Law;
5) Pass decisions in case of absence of unanimity in the deciding of the Grand Chamber;
6) Reach individual decisions if their adoption by the chambers or the President of the Constitutional Court is not stipulated by this Law or the Rules of Procedure.
In the session of Constitutional Court, decisions shall be passed by majority vote of all judges of the Constitutional Court.
Session of the Constitutional Court shall also be scheduled in order to hold a public hearing and session of deliberations and voting after holding a public hearing.
Article 42b
Constitutional Court shall, in a session of the Grand Chamber, consisting of the President of the Constitutional Court and seven judges:
1) Pass decisions referred to in Article 45, items 6), 7), 9), 10), 12) and 13) of this Law;
2) Adopts the decision referred to in Article 46, items 1) to 8) of this Law;
3) Pass decisions in the absence of unanimity in the deciding of the Chamber.
At a session of the Grand Chamber, decisions and rulings referred to in paragraph 1 of this Article shall be adopted unanimously.
In the absence of unanimity of members of the Grand Chamber, the ruling i.e. decision shall be passed in a session of the Constitutional Court.
The Constitutional Court shall have two Grand Chambers.
President of the Constitutional Court shall determine the composition of the Grand Chamber in the annual assignment of positions in the Constitutional Court.
Article 42c
The Constitutional Court shall, in a session of the Chamber, consisting of three judges of the Constitutional Court, one of whom is the presiding judge, pass:
1) The decision referred to in Article 46, item 9) of this Law;
2) Conclusions referred to in Article 47 of this Law.
At a session of the Chamber, the decision and conclusions referred to in paragraph 1 of this Article shall be adopted unanimously.
In the absence of unanimity of members of the Chamber, the decision or the conclusion shall be passed by the Grand Chamber.
The Constitutional Court, by majority vote of all judges, shall adopt a decision determining the number of Chambers.
The President of the Constitutional Court shall determine the presiding judge and members of the Chamber in the annual assignment of positions of the Constitutional Court.
Article 42d
Session of the Constitutional Court shall be convened and chaired by the President of the Constitutional Court.
President of the Constitutional Court, who is also the President of the Grand Chamber, shall convene and chair meetings of that chamber.
Session of the Chamber shall be convened and chaired by the presiding judge of that council.
In a session of the Constitutional Court, as well as in sessions of Grand Chamber and Chamber, minutes shall be kept.
Manner of work and deciding process in a session of the Constitutional Court and sessions of the Grand Chamber and Chamber shall be regulated in more detail by the Rules of Procedure.
Article 43
Constitutional court shall form commissions and committees as permanent working bodies.
Constitutional Court may also form occasional working bodies.
Permanent and occasional working bodies from paragraphs 1 and 2 of this Article shall be formed in accordance with the Rules of Procedure.
e) Acts of the Constitutional Court
Article 44
The Constitutional Court shall issue decisions, rulings and conclusions.
Article 45
With a decision, the Constitutional Court shall:
1) Establish that a law, statute of an autonomous province or local self-government unit and other general act does not comply with the Constitution, generally accepted rules of international law and ratified international agreements, i.e. that at the time when it was in force it did not comply with the Constitution;
2) Establish that a law which has been adopted, but not promulgated by a decree, is not in compliance with the Constitution;
3) Establish that a ratified international agreement is not in compliance with the Constitution;
4) Establish that a statute of an autonomous province or local self-government unit or other general act is not in compliance with the law, i.e. that it did not comply with the law at the time when it was in force;
5) Establish that a collective agreement is not in compliance with the Constitution and the law;
6) Specify the manner of rectifying consequences that arose due to the implementation of a general act that is not in compliance with the Constitution or a law;
7) Decide on electoral disputes for which the jurisdiction of a court is not determined by law;
8) Prohibit the work of a political party, trade union organisation, citizens’ association or religious community;
9) Decide on a constitutional complaint;
10) Decide on a complaint made by an authority of autonomous province i.e. local self-government unit in a procedure where the exercise of the authority of an autonomous province, or a local self-government unit, is precluded by an individual act or action of a state authority or local self-government authority;
11) Decide in a procedure for establishing violation of the Constitution by the President of the Republic;
12) Decide in appeal procedure initiated by a judge against a decision on termination of office and other decisions of the High Court Council;
13) Decide in appeal procedure initiated by public prosecutors and deputy public prosecutors against decisions on termination of office;
14) Dismiss a proposal for establishing unconstitutionality or illegality;
15) Reject the request for determination of unconstitutionality or illegality of a general act that was part of an initiative on the occasion which the ruling on the initiation of proceedings was passed.
Article 46
With a ruling, the Constitutional Court shall:
1) Initiate procedure for the determination of unconstitutionality, illegality or inconsistency with the generally accepted rules of international law and ratified international agreement;
2) Decide on conflicts of jurisdiction between state and other authorities, in accordance with the Constitution;
3) Suspend the enforcement of an individual act, i.e. action, and cancel the measure of suspension or dismiss a request for suspending the enforcement of an individual act or action;
4) Delay the entry into force of a decision of an authority of an autonomous province;
5) Reject the initiative to instigate procedure for determining constitutionality or legality in the case referred to in Article 53, paragraph 2 of this Law;
6) Determine the manner of enforcement of a Constitutional Court decision or ruling;
7) Discontinue the procedure in cases referred to in Articles 57, 88 and 97 of this Law;
8) Dismiss request for assessing constitutionality or legality of a general act on which it has already ruled, provided that some new claims, reasons and evidence submitted do not provide grounds for new deliberation and ruling;
9) Dismiss a constitutional complaint if the procedural preconditions have not been fulfilled;
10) Delay the publication of its decision in the "Official Gazette of the Republic of Serbia".
Article 47
With a conclusion, the Constitutional Court conclusion shall:
1) Due to lack of jurisdiction, dismiss a motion for initiating procedure for assessment of constitutionality or legality of a general act, initiative or other request whereby proceedings before the Constitutional Court are initiated, other than a constitutional complaint;
2) Dismiss a proposal for determination of unconstitutionality or illegality of a general act and the motion initiating the procedure for determining constitutionality or legality when they have not been filed within the designated time limit referred to in Article 168, paragraph 5 of the Constitution;
3) Dismiss an appeal of a judge, public prosecutor and deputy public prosecutor if the appeal has not been filed within the designated time limit;
4) Dismiss a motion for initiating procedure for assessment of constitutionality and legality of a general act, initiative or other request initiating proceedings before the Constitutional Court, other than a constitutional complaint, which is incomprehensible or incomplete, i.e. which contains other shortcomings that preclude processing by the Constitutional Court;
5) Dismiss an anonymous motion initiating procedure for assessment of constitutionality or legality of a general act, initiative or other request for initiating proceedings before the Constitutional Court, other than a constitutional complaint;
6) Dismiss a motion for initiating the procedure for assessment of constitutionality or legality of a general act, initiative or other request whereby proceedings before the Constitutional Court are initiated, other than a constitutional complaint, which represents an abuse of law;
7) Dismiss a motion to initiate procedure for assessment of constitutionality or legality and a proposal for establishing the unconstitutionality or illegality of a general act which has not been adopted;
8) Dismiss a motion to initiate procedure for assessment of constitutionality or legality and a proposal for establishing the unconstitutionality or illegality of a general act the enactor of which has ceased to exist legally;
9) Decide on the request of the enactor of the disputed general act to stay the proceedings;
10) Suspend the procedure if the proposal for determination of unconstitutionality or illegality of a general act has been withdrawn, i.e. when the initiator withdraws the motion to initiate the procedure for assessment of constitutionality or legality;
11) Suspend the procedure in other cases too, with the exception of constitutional complaint, due to withdrawal or abandonment of the filed request by the authorized proposer i.e. filed application by the applier or cessation of other procedural requirements for the court’s ruling.
The Constitutional Court shall also issue conclusions in other cases when, in accordance with the provisions of this Law and the Rules of Procedure, it does not issue a decision i.e. ruling.
Article 48
Decisions, rulings and conclusions of the Constitutional Court shall contain: introduction, statement and explanation.
The content of some parts of acts referred to in paragraph 1 of this Article shall be regulated in more detail by the Rules of Procedure, provided that the reasoning of the decision dismissing a constitutional complaint, i.e. a conclusion, may contain only the legal basis for its enactment.
Article 49
Decisions of the Constitutional Court, except for constitutional complaint decisions, shall be published in the "Official Herald of the Republic of Serbia", as well as in a official journal in which the statute of an autonomous province, other general act and collective agreement have been published, i.e., in the manner in which the general act on which the Constitutional Court decided was published.
Decisions on constitutional complaints, as well as rulings of broader significance for the protection of constitutionality and legality, may be published in the "Official Herald of the Republic of Serbia".
2. Procedure for Assessing the Constitutionality or Legality of General Acts
Article 50
Procedure for assessing the constitutionality or legality of a general act shall be initiated by motion of an authorised propounder or by a ruling on initiation of procedure.
Procedure for assessing the constitutionality or legality of general acts may be initiated by the Constitutional Court itself, on the basis of a decision taken by a two-thirds majority of votes of all judges.
Article 51
Proposal for determination of unconstitutionality or illegality, i.e. an initiative to instigate the procedure for assessment of constitutionality or legality, shall contain: the name of the general act whose constitutionality or legality is being challenged; the name and number of the official journal in which the general act was published, if publication was done in an official journal; designation of the provision or provisions of a general act whose constitutionality or legality is disputed; the provisions of the Constitution i.e. laws in respect of which constitutionality and legality of a general act is being challenged; the reasons for challenging and other data of importance for assessing the constitutionality or legality of the disputed general act; proposal i.e. request how to decide; information on the propounder, i.e. the applicant of the initiative; signature of the propounder, i.e. of the applicant of the initiative.
Where the general act whose constitutionality or legality is being challenged was not published in an official journal, a certified copy of the act shall be attached to the proposal.
Article 52
A procedure shall be deemed initiated on the date of the submittal of the proper proposal to the Constitutional Court, i.e. on the date of issuance of a written ruling to initiate a procedure.
Article 53
Where the Constitutional Court finds there are grounds to commence a procedure on the basis of an initiative, it shall commence the procedure by a ruling.
Where the Constitutional Court finds that the initiative is unacceptable because the reasons set forth for the challenge do not support the claim that there are grounds for initiating procedure for assessing constitutionality or legality, it shall pass a ruling dismissing the initiative.
Where the constitutionality or legality of a general act are being challenged by an initiative, except for the laws and statute of an autonomous province or local self-government unit, i.e. individual provisions of that act regulating questions on which the Constitutional Court has already assumed a position or where during the preliminary procedure the legal situation has been determined in full and the data collected provide a reliable foundation for deciding, the Constitutional Court shall rule on the matter without issuing a ruling on commencement of procedure.
Where the Constitutional Court, after conducted proceedings, determines that the request for assessing unconstitutionality or illegality from the initiative which initiated the procedure is unfounded, it shall pass a decision dismissing it.
Article 54
In the procedure of assessing constitutionality or legality, the Constitutional Court shall not be constrained by the request of the authorised propounder, i.e. initiator.
Where the authorised propounder, i.e. initiator, abandons the request i.e. initiative, the Constitutional Court shall continue the procedure of assessing constitutionality or legality, if it finds grounds for doing so.
Article 55
During the procedure, and at the request of the enactor of the disputed general act, the Constitutional Court may, before issuing a decision on the constitutionality or legality, stay the proceedings and allow the enactor of the general act to rectify, within a specified time limit, unconstitutionalities or illegalities found.
If the unconstitutionalities or illegalities are not rectified within a specified time limit, the Constitutional Court shall continue the proceedings.
Article 56
In the course of procedure, until the issuing of a final decision, the Constitutional Court may suspend the enforcement of an individual act or action taken on the basis of the general act whose constitutionality or legality are being assessed, where such enforcement could cause irreversible detrimental consequences.
Where, during a procedure, the Constitutional Court finds that due to altered circumstances the reasons for the suspension have ceased, it shall lift the suspension of the enforcement of the individual act i.e. action.
The Constitutional Court shall dismiss a request for suspension of the enforcement of an individual act i.e. action when issuing the final decision.
Article 57
The Constitutional Court shall discontinue a procedure:
1) Where during the procedure the general act was harmonised with the Constitution or law, and the Constitutional Court did not determine that, due to the consequences of the unconstitutionality or illegality, a decision should be issued because the consequences of the unconstitutionality or illegality have not been rectified;
2) Where during the procedure the procedural preconditions for conducting the procedure cease to exist.
Article 58
When the Constitutional Court establishes that a law, statute of an autonomous province or local self-government unit, other general act or collective agreement do not comply with the Constitution, generally accepted rules of international law and ratified international agreement, such law, statute of autonomous province or local self-government unit, other general act or collective agreement shall cease to be valid on the day the Constitutional Court decision is published in the "Official Herald of the Republic of Serbia".
Provisions of ratified international agreement for which it is established by a Constitutional Court decision that they do not comply with the Constitution shall cease to be valid in the manner provided by such international agreement or generally accepted rules of international law.
When the Constitutional Court determines that a general act or collective agreement is not in compliance with the law, the validity of that general act or collective contract shall cease to be valid on the date of the publication of the Constitutional Court’s decision in the "Official Herald of the Republic of Serbia".
The Constitutional Court may postpone the publication of its decision in the "Official Herald of the Republic of Serbia" by means of a special ruling, but no further than six months from the date of its adoption.
In the case referred to in paragraph 4 of this Article, the Constitutional Court shall deliver the decision determining that a general act is not in conformity with the Constitution, the law, generally accepted rules of international law or ratified international agreement, to the enactor of the general act together with the ruling which postpones publication.
Article 59
When the Constitutional Court determines the manner of rectifying the consequences which arose due to the implementation of a general act which is not in compliance with the Constitution or law, the decision of the Constitutional Court shall have legal effect from the date of its publication in the "Official Herald of the Republic of Serbia".
Article 60
Laws and other general acts for which it has been established by a Constitutional Court decision that they do not comply with the Constitution, generally accepted rules of international law, ratified international agreements or law, cannot apply to relations that arose before the day of publication of the Constitutional Court decision, if they were not resolved in a legally binding manner by that date.
General act passed for the purpose of enforcement of laws and other general acts for which it is established, by a Constitutional Court decision, that they are not in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law, shall not apply from the day of publication of the Constitutional Court decision, if the decision implies that these general acts are incompatible with the Constitution, generally accepted rules of international law, ratified international agreements or law.
Enforcement of final individual acts passed on the basis of regulations that can no longer apply, can be neither allowed nor implemented, and if the enforcement has been initiated, it shall be discontinued.
Article 61
Everyone whose right has been violated by a final or legally-binding individual act, adopted on the basis of a law or other general act determined by a decision of the Constitutional Court not to be in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law shall be entitled to demand from the competent authority a revision of that individual act, in accordance with the rules of procedure in which the individual act was passed.
Proposals for revision of a final or legally-binding individual act adopted on the basis of a law or other general act determined by a decision of the Constitutional Court not to be in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law may be submitted within six months from the date of the publication of the decision in the "Official Herald of the Republic of Serbia", unless more than two years have passed between the delivery of the individual act and the submittal of the proposal or initiative to instigate a procedure.
Article 62
If it is established that revision of an individual act cannot rectify the consequences which arose from the implementation of the general act determined by a decision of the Constitutional Court not to be in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law, the Constitutional Court may rule that these consequences shall be rectified by restitution, indemnification, or otherwise.
Article 63
If during a procedure before a court of general or special jurisdiction the issue of compliance of law or other general act with the Constitution, generally accepted rules of international law, ratified international agreements or law, is raised, the court shall, if it finds that the issue has grounds, adjourn the procedure and initiate a procedure for assessing the constitutionality or legality of that act before the Constitutional Court.
Article 64
Where during proceedings, a general act was repealed or the act was brought into compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law, but the consequences of unconstitutionality, or illegality, had not been rectified, the Constitutional Court may determine by decision that the general act was not in compliance with the Constitution, generally accepted rules of international law, ratified international agreements or law. This decision of the Constitutional Court has an identical legal effect as a decision determining that a general act is not in compliance with the Constitution, generally accepted rules of international law, ratified international agreements, or law.
Article 65
The provisions of Articles 50 through 64 of this Law shall apply mutatis mutandis in a procedure of deciding on compliance of laws and other general acts with generally accepted rules of international law and ratified international agreements.
3. Procedure for Assessing the Constitutionality of a Law before its Promulgation
Article 66
The text of the voted law certified by the Secretary of the National Assembly or a person so authorised by him/her shall be attached to the proposal for assessing the constitutionality of a law before its promulgation.
The proposal for assessing the constitutionality of a law before its promulgation shall neither be served on the National Assembly to provide its opinion, nor shall a public hearing regarding it be held.
The Constitutional Court shall inform the President of the Republic that a procedure for assessing the constitutionality of a law before its promulgation has been initiated.
The procedure of assessing the constitutionality before its promulgation is urgent shall be conducted in accordance with the time limits prescribed by the Constitution.
Decision establishing that a law that has not been promulgated does not comply with the Constitution shall have legal effect from the day the law’s promulgation.
4. Procedure for Deciding on Delaying the Entry into Force of a Decision of an Autonomous Province Authority
Article 67
In a proposal for assessing the constitutionality or legality of a decision of an autonomous province authority that has not yet entered into force, the Government can propose to the Constitutional Court to suspend the entry into force of the contested decision until the Constitutional Court decides on its constitutionality or legality.
The Government shall attach to the proposal the text of the contested decision of an autonomous province authority.
Constitutional Court shall first decide on the Government’s proposal to delay the entry into force of the contested decision, in accordance with the time limits prescribed by the Rules of Procedure, provided that it shall neither serve the contested decision on the authority that passed it asking for its opinion, nor shall it hold a public hearing on the proposal.
If the Constitutional Court passes a ruling to delay the entry into force of the contested decision of an autonomous province authority, it shall urgently conduct the procedure of assessing the constitutionality or legality, in accordance with the time limits prescribed by the Rules of Procedure.
A ruling whereby the Constitutional Court delays the entry into force of the contested decision of an autonomous province authority shall have legal effect from the day it was served on the autonomous province authority that has passed it.
5. Procedures of Resolving Conflict of Jurisdiction
Article 68
The Constitutional Court shall resolve conflict of jurisdiction from Article 167 paragraphs 2 items 1 to 4 of the Constitution.
Motion for resolving conflict of jurisdiction referred to in paragraph 1 of this Article shall be filed by one or both of the conflicting authorities, as well as the person in connection with whose right the conflict of jurisdiction appeared.
Article 69
Motion for resolving conflicts of jurisdiction shall contain the name of the authorities who accept or deny jurisdiction and their reasons for doing so.
Article 70
If the authorities deny jurisdiction, the motion for resolution of conflict of jurisdictions shall be filed within 15 days from the day when the decision of the second authority that declared itself incompetent becomes legally binding i.e. final.
Article 71
Procedure of resolving conflicts of jurisdiction shall be deemed initiated on the date the motion’s filing before the Constitutional Court.
Article 72
The time limit for the reply of authorities that are in the conflict of jurisdiction shall be eight days from the day of service.
Article 73
The Constitutional Court may order that the procedure before the authorities between which the conflict of jurisdiction appeared shall be adjourned until the conclusion of the procedure of resolving the conflict of jurisdiction before the Constitutional Court.
Article 74
When the Constitutional Court resolves a conflict of jurisdiction, the ruling of the Constitutional Court shall have the legal effect from the date of serving on the authorities which are in the conflict of jurisdiction, i.e. on the person whose right was the subject matter of the conflict of jurisdiction.
With the ruling referred to in paragraph 1 of this Article the Constitutional Court shall also annul the acts passed by the authority which did not have jurisdiction.
6. Procedure of Deciding on Electoral Disputes
Article 75
Motion for deciding on an electoral dispute for which court jurisdiction is not defined by law, may be submitted by: any elector, candidate for President of the Republic i.e. for a member of parliament or local council, as well as those who nominate candidates.
Motion shall contain the grounds and evidence for requesting a decision on the electoral dispute.
Request may be submitted no later than 15 days from the date the electoral procedure being challenged has been concluded.
Article 76
The Constitutional Court shall serve one copy of the submitted request for deciding on an electoral dispute to the authority in charge of implementing the election in connection with whose activity the electoral dispute was initiated, with an order for a response and requisite electoral acts, i.e., documentation, to be submitted within a specified time-limit.
Article 77
Where an irregularity in an election procedure was proved, and had a significant influence on the result of the election, the Constitutional Court shall issue a decision annulling the entire electoral procedure or parts of that procedure which must be designated precisely.
In the case referred to in paragraph 1 of this Article the entire electoral procedure or parts of that procedure shall be repeated within ten days of the serving of the decision of the Constitutional Court to the competent authority.
Article 78
Decision of the Constitutional Court on annulling an entire electoral procedure or parts of that procedure shall have legal effect from the day a decision of the Constitutional Court is served on the competent authority.
Article 79
Appeal against decision regarding the confirmation of mandate of members of parliament can be filed by the candidate for a member of the parliament and by those who have nominated the candidate, within 48 hours of passing of the decision.
In procedure on appeal referred to in paragraph 1, the authority against whose decision the appeal was submitted shall submit requisite documentation to the Constitutional Court within 24 hours of the submittal of the appeal.
The Constitutional Court shall issue a decision within 72 hours of the submittal of the appeal.
The provisions of Articles 75 through 78 of this Law shall also apply to procedure regarding appeal against decision on confirmation of members' of parliament mandates.
7. Procedure of Deciding on Prohibition of the Activity of a Political Party, Trade Union Organisation, Citizens’ Association or Religious Community
Article 80
The Constitutional Court shall decide on the prohibition of the activity of a political party, trade union organisation, citizens’ association or religious community on the basis of a proposal by the Government, the Republic’s Public Prosecutor or authority in charge of the registration of political parties, trade union organisations, citizens’ associations or religious communities.
The proposal shall specify grounds and evidence for requesting a ban on the activity of the political party, trade union organisation, citizens’ association or religious community.
Article 81
When the Constitutional Court prohibits the activity of a political party, trade union organisation, citizens’ association or religious community, that political party, trade union organisation, citizens’ association or religious community shall be deleted from the appropriate register on the date the decision of the Constitutional Court is served on the competent authority.
Article 81a
When the initiative seeks the prohibition of a secret or paramilitary organisation, the Constitutional Court shall pass a decision determining that the operation of such organisation is prohibited by the Constitution.
In the decision referred to in paragraph 1 of this Article, the Constitutional Court may order measures to be taken, necessary to prevent the operation of a secret or paramilitary organisation.
8. Constitutional Complaint Procedure
Article 82**
Constitutional complaint may be filed against an individual act or action of a state authority or organisation vested with public authority that violate or deny human or minority rights and freedoms guaranteed by the Constitution, when other legal remedies have been exhausted or are not prescribed, or where the right to their judicial protection has been excluded by law.
Article 83
Constitutional complaint may be filed by every person who believes that his/her human right or minority right and freedom guaranteed by the Constitution have been violated or denied by an individual act or action of a state authority or organisation vested with public authority.
Constitutional complaint can be filed on behalf of the person referred to in paragraph 1 of this Article, with his/her written authorisation, by another natural person i.e. state and other authority in charge of the monitoring and exercise of human rights and minority rights and freedoms.
Article 84
Constitutional complaint may be filed within 30 days of the date when the individual act was served i.e. an action was taken which violated or denied human right or minority right and freedom guaranteed by the Constitution.
The Constitutional Court shall allow restitution to a person who on justified grounds failed to observe the time limit for submitting the constitutional complaint if such person, within 15 days from the cessation of the reasons that caused the failure, files a proposal for restitution and simultaneously submits a constitutional complaint.
Restitution cannot be requested after the expiry of a period of three months from the date of failure to observe the time limit.
Article 85
Constitutional complaint must contain the name and surname, unique citizens' identification number, domicile or temporary residence, i.e. name and seat of the applicant filing the constitutional complaint, name and surname of his/her/its attorney, number and date of the act against which the complaint has been filed name of the authority that enacted it, specification of human right or minority right or freedom guaranteed by the Constitution that is allegedly violated with specification of the Constitutional provision guaranteeing such right i.e. freedom, dedicated claim on which the Constitutional Court should decide, specifying the amount and basis for compensation for material or immaterial damages, where compensation is claimed, signature of the complainant i.e. the person who was issued a special power of attorney to file a constitutional complaint.
A copy of the disputed individual act, evidence that legal remedies have been exhausted, evidence on the amount of material damage, and other evidence of significance for ruling shall be attached to the constitutional complaint.
A claim for compensation of damages may only be set simultaneously with filing of a constitutional complaint.
Article 86
A constitutional complaint, as a rule, shall not preclude implementation of the individual act or action against which it was filed.
At the proposal of the complainant, the Constitutional Court may delay implementation of the individual act or action referred to in paragraph 1 of this Article, if implementation would cause irreparable damage to the complainant, provided that delay is not contrary to the public interest, and that delay would not cause considerable damage to a third party.
Article 87
Where a Constitutionally-guaranteed human or minority right or freedom of several persons was violated or denied by an individual act or action, and only some of them filed the constitutional complaint, the decision of the Constitutional Court shall also relate to persons who did not file the constitutional complaint, if they are in the same legal situation.
Article 88
The Constitutional Court shall discontinue the procedure:
1. Where the constitutional complaint was withdrawn;
2. Where the authority that enacted the disputed individual act annuls, repeals or revises that act in accordance with the request contained in the constitutional complaint or if the action which caused the violation or denial of a Constitutionally-guaranteed right or freedom has ceased, with the consent of the applicant of the constitutional complainant;
3. Where other procedural preconditions for conducting the procedure cease.
Article 89*
Constitutional complaint shall be upheld or denied as unfounded by a decision.
When the Constitutional Court finds that the challenged individual act or action violates or denies a human or minority right and freedom guaranteed by the Constitution, it may annul the individual act, prohibit the continuation of such action or order taking other measure or action that eliminate the harmful consequences of the determined violation or denial of guaranteed rights and freedoms and determine the manner of just satisfaction of the applicant.
In a decision upholding a constitutional complaint the Constitutional Court shall also decide on the claim of the complainant for compensation of material i.e. immaterial damages, where such request has been made, with the proviso that the Constitutional Court, when the claim is adopted, shall determine in the decision the authority obliged to pay out compensation for material or immaterial damages and shall determine a time limit of four months from the date of delivery of the decision to such authority in which it may voluntarily pay compensation of damages. The procedure of forced compulsory enforcement for compensation of material, i.e. immaterial damages may commence only if compensation for material, i.e. immaterial damages is not voluntarily paid within the time limit of four months from the date of delivery of the decision.
A decision of the Constitutional Court upholding a constitutional complaint shall have the legal effect from the date when it is served on the participants in the procedure.
Article 90
(Deleted)
Article 91
Provisions of Articles 82 to 88 of this Law shall apply mutatis mutandis in a procedure on appeal filed by the authority designated by the statute of autonomous province i.e. local self- government unit, if the individual act or action of state authority or authority of a local self-government, precludes the exercise of authority of autonomous province i.e. local self-government.
Article 92
When in a procedure on appeal filed by an authority designated by the statute of an autonomous province i.e. of a local self-government, the Constitutional Court establishes that the exercise of the authority of the autonomous province, i.e. of the local self-government, is precluded by an individual act or action of a state authority or local self-government authority, it shall annul the individual act, i.e. prohibit further performance or order the performance of a certain action and order the detrimental consequences rectified.
The decision of the Constitutional Court referred to in paragraph 1 of this Article shall have legal effect from the date of its serving on the participants in the procedure.
9. Procedure of Establishing a Violation of the Constitution by the President of the Republic
Article 93
A procedure of establishing a violation of the Constitution by the President of the Republic shall be initiated by the National Assembly, at the proposal of one third of the total number of members of parliament.
The act on the initiation of the procedure referred to in paragraph 1 of this Article shall contain the legal grounds, the provisions of the Constitution that were violated and evidence on which the act is based.
The Speaker of the National Assembly shall submit the act on the initiation of the procedure referred to in paragraph 1 of this Article to the Constitutional Court.
If the Constitutional Court establishes that the procedure for the dismissal of the President of the Republic was initiated in accordance with the Constitution and the law, the act of the National Assembly initiating the procedure of establishing a violation of the Constitution shall be served on the President of the Republic for a reply, within a time limit determined by the Constitutional Court.
Article 94
After the expiry of the time limit given for the reply, the President of the Constitutional Court shall schedule a hearing to which he shall summon the President of the Republic and the Speaker of the National Assembly.
Article 95
In the procedure of establishing a violation of the Constitution by the President of the Republic, the Constitutional Court shall be limited solely to the establishment of violations of the provisions of the Constitution specified in the act of the National Assembly on initiation of the procedure.
Article 96
The Constitutional Court shall determine whether the President of the Republic violated the Constitution and serve its decision thereof on the National Assembly and the President of the Republic.
The decision referred to in paragraph 1 of this Article must be issued by the Constitutional Court within 45 days from the day the act of the National Assembly initiating a procedure for establishing a violation of the Constitution by the President of the Republic was submitted.
Article 97
The Constitutional Court shall discontinue the procedure:
1. If the National Assembly withdraws the act on the initiation of the procedure;
2. If the office of the President of the Republic is terminated during the procedure.
Article 98
A decision of Constitutional Court on violation of the Constitution by the President of the Republic shall have legal effect from the date of the service of the decision on the National Assembly.
10. Procedure on Appeal by Judges, Public Prosecutors and Deputy Public Prosecutors against Decision on Termination of Office
Article 99
A judge, public prosecutor and deputy public prosecutor may lodge appeal to the Constitutional Court against decision on termination of office, within 30 days of the day of being served the decision.
The authority that issued the decision on termination of office shall be entitled to a reply to the appeal, within 15 days of the day of being served the appeal.
Article 100
After the expiry of the time limit for submitting a reply to the appeal, the Constitutional Court shall schedule a hearing to which it shall summon the appellant and a representative of the authority that issued the decision on termination of office.
The public may be excluded from the hearing referred to in paragraph 1 of this Article.
Article 101
With its decision, the Constitutional Court may uphold the appeal and annul the decision on termination of office, or deny the appeal.
Article 102
Decision of the Constitutional Court in procedure on appeal filed by judges, public prosecutors and deputy public prosecutors against decision on termination of office shall have legal effect from the date of being served on the participants in proceedings.
Article 102a
In a procedure on appeal field by a judge, public prosecutor and deputy public prosecutor, the provisions of this Law governing the procedure on constitutional complaint shall be applied mutatis mutandis.
Article 103
The provisions of Articles 99 through 102a shall apply mutatis mutandis also to procedure on appeal against a decision of the High Court Council, in cases prescribed by law.
V ENFORCEMENT OF CONSTITUTIONAL COURT ACTS
Article 104
State and other authorities, organisations vested with public authority, political parties, trade union organisations, citizens’ associations or religious communities shall enforce decisions and rulings of the Constitutional Court, within their rights and duties.
If necessary, enforcement of a decision and ruling of the Constitutional Court shall be secured by the Government, in a manner established by a special Constitutional Court ruling.
VI CONDUCT OF THE CONSTITUTIONAL COURT TOWARDS THE NATIONAL ASSEMBLY
Article 105
The Constitutional Court shall inform the National Assembly about the situation and problems of exercising constitutionality and legality in the Republic of Serbia, it shall provide opinions and indicate the need for adopting and revising a law and implementing other measures for the purpose of protecting constitutionality and legality.
Article 106
When the Constitutional Court determines that a competent authority has not adopted a general act for the enforcement of provisions of the Constitution, law or other general act, and had had an obligation to adopt such a general act, it shall notify the National Assembly thereof.
Article 107
Proposals of authorised propounder and ruling on initiation of procedure for the assessment of the constitutionality of a law, i.e. constitutionality or legality of other general act adopted by the National Assembly, shall be submitted by the Constitutional Court to the National Assembly for its reply.
The Constitutional Court shall serve on the National Assembly a decision establishing that a law or other general act adopted by the National Assembly is not in compliance with the Constitution, generally accepted rules of international law, ratified international agreements, or law.
VII COOPERATION WITH STATE AND OTHER AUTHORITIES AND ORGANISATIONS AND INTERNATIONAL COOPERATION
Article 108
In exercise of its functions, the Constitutional Court shall cooperate with state and other authorities and organisations, scientific and other institutions, companies and other legal persons, on questions of interest for preservation of constitutionality and legality.
Article 109
Constitutional Court shall engage in international cooperation with foreign and international courts and international organisations in accordance with its competence.
Article 110
An organisation or other legal person shall be punished by a fine ranging from 50,000 dinars to 1,000,000 dinars for the following misdemeanour:
1) If they fail to submit to the Constitutional Court within the prescribed time limit the challenged general act and necessary documentation and to provide data and information of significance for the conduct of the procedure and ruling (Article 34 paragraph 1);
2) If they fail to submit to the Constitutional Court necessary data and information of significance for the conduct of the procedure and ruling (Article 34 paragraph 2);
A sole trader shall also be punished with a fine ranging from 20,000 dinars to 500,000 dinars for the misdemeanour referred to in paragraph 1 of this Article.
A responsible officer of an organisation i.e. other legal person shall also be punished with a fine of up to 50,000 dinars for the misdemeanour referred to in paragraph 1 of this Article.
A responsible official in a state and other authority shall also be punished with a fine of up to 50,000 dinars for the misdemeanour referred to in paragraph 1 of this Article.
IX TRANSITIONAL AND FINAL PROVISIONS
Article 111
First session of the Constitutional Court shall be chaired by the oldest judge.
Article 112
Procedures before the Constitutional Court initiated before entry into force of this Law shall be concluded according to the provisions of this Law.
Article 113
Procedures on constitutional complaints filed from the day of promulgation of the Constitution to the day entry into force of this Law shall be conducted in accordance with the provisions of this Law.
Constitutional complaint can also be filed against an individual act or action of state authority or organisation vested with public authority, which violates or denies a human or minority right or freedom guaranteed by the Constitution, if such an act or action was executed from the day of promulgation of the Constitution to the day this Law enters into force.
A constitutional complaint in the case referred to in paragraph 2 of this Article can be filed within 30 days from the day this Law enters into force.
Article 114
A judge of the Constitutional Court elected in accordance with Constitution of the Republic of Serbia ("Official Herald of RS", No. 1/90) whose office is being terminated, is entitled to a severance pay that shall last for six months in the amount of the salary of a Constitutional Court judge.
The right to the severance pay referred to in paragraph 1 of this Article shall cease before the expiry of six months period if the judge, whose office has been terminated, enters into employment contract or acquires the right to a pension, and may also be extended for additional six months, if the judge acquires the conditions for the pension within those six months.
Article 115
Civil servants and appointees, employed in the Professional Service of the Constitutional Court of Serbia, shall continue to work for the Constitutional Court at positions to which they had been appointed i.e. allocated until the entry into force of this Law, pending the adoption rulings on appointment and allocation, i.e. the conclusion of employment contract, in accordance with a Constitutional Court act from Article 27 paragraph 2 of this Law.
Article 116
The Constitutional Court shall adopt its Rules of Procedure and the act from Article 27 paragraph 2 within 90 days of this Law’s entry into force.
Minister competent for judiciary shall pass the act from Article 90 paragraph 3 of this Law within 90 days from this Law’s entry into force.
Article 117
The Law on the Procedure before the Constitutional Court and Legal Effect of its Decisions ("Official Herald of RS", Nos. 32/91, 67/93 and 101/05) shall be repealed as of the day this Law enters into force.
Article 118
This Law shall enter into force on the eighth day from the date of its publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amendments and Additions to the Law on Constitutional Court
("Off. Herald of RS, No. 99/2011)
Article 38
The Constitutional Court shall harmonize the Rules of Procedure with the provisions of this Law within 90 days from this Law’s entry into force.
Article 39
A judge of the Constitutional Court, who was elected i.e. appointed to be a judge of the Constitutional Court from the ranks of judges prior to this Law’s entry into force, upon termination of office as a Constitutional Court judge due to the expiry of the period for which he/she was elected i.e. appointed, shall be entitled to be elected as a judge of the court from which he had been elected i.e. appointed to be a judge of the Constitutional Court, or to be elected as a judge of a court of highest degree which has taken over the jurisdiction of the court from which the Constitutional Court judge had been elected i.e. appointed.
The High Court Council shall render a decision on election to the judicial office referred to in paragraph 1 of this Article within 30 days of termination of office of the judge of the Constitutional Court.
Article 40
Procedures initiated before this Law’s entry into force shall be completed under the provisions of this Law.
Claims for compensation of damages submitted by the Commission referred in Article 90, paragraph 3 of the Law on the Constitutional Court ("Official Herald of RS", No. 109/07) by the entry into force of this Law, shall be decided in accordance with the regulations that were applicable prior to this Law’s entry into force.
Article 41
On the day this Law enters into force, the provisions of the Law on Salaries in Public Administration and Public Services ("Official Herald of RS", No. 34/01, 62/06 - other law, 63/06 - correction of other law, 116/08 - other law and 92/11), in the part regulating the manner of determining the salaries of the President and judges of the Constitutional Court, shall cease to apply.
Article 42
This Law shall enter into force on the eighth day from the date of publication in the "Official Herald of the Republic of Serbia".
PUBLISHER’S NOTE
* The provision of Article 89, paragraph 2 of the Law on the Constitutional Court ("Official Herald of RS", No. 109/2007 and 99/2011), in the part that reads: "except for a court decision", has ceased to be valid on the basis of the CC Decision IUz No. 97/2012 of 20 December 2012, published in the "Official Herald of RS", no. 18/2013 of 26 February 2013.
** The provision of Article 82, paragraph 2 of the Law on the Constitutional Court ("Official Herald of RS", No. 109/2007, 99/2011 and 18/2013 - CC decision) shall cease to be valid on January 1, 2016, the day of entry into force of the Law on Protection of the Right to Trial within a Reasonable Time ("Official Herald of RS", No. 40/2015).
The order of listing the numbers of the official herald in the subtitle of this law and the drafting of the consolidated text were caused by the entry into force of the amendments to this law, i.e. another law, which changed i.e. repealed certain provisions of this law. Namely:
- Law on Amendments to the Law on the Constitutional Court ("Official Herald of RS", No. 103/2015), shall enter into force on 22 December 2015, and
- Law on Protection of the Right to Trial within a Reasonable Time ("Official Herald of RS", No. 40/2015), whose entry into force shall repeal the provision of Article 82, paragraph 2 of the Law on the Constitutional Court ("Official Herald of RS", Nos. 109/2007, 99/2011 and 18/2013 – CC decision), shall enter into force on 1 January 2016.