Relationship Between the Constitutional Court and the National Assembly for the Purpose of Protecting the Rule of Law: A One-way Street

31. October 2023.

Relationship Between the Constitutional Court and the National Assembly for the Purpose of Protecting the Rule of Law: A One-way Street

The Belgrade Centre for Human Rights (BCHR) presents an analysis Relationship Between the Constitutional Court and the National Assembly for the Purpose of Protecting the Rule of Law: A One-way Street. 

In a narrower sense, this analysis aims to examine the effectiveness of a mechanism for the protection of principles of constitutionality and legality and the harmonisation of the legal order provided for by the Law on the Constitutional Court, which, although unknown to the general public and not that often used, is still extremely important. In addition to the detailed procedure for assessing the conformity of laws and other general acts with the Constitution, generally accepted rules of international law and ratified international treaties, as well as the procedure for assessing the constitutionality of laws prior to their entry into force, the Law on the Constitutional Court also provides for a mechanism that implies cooperation of the Constitutional Court Court with the highest representative body that is the holder of constitutional and legislative power. According to the above Law, the Constitutional Court informs the National Assembly about the condition and problems in the establishment of constitutionality and legality in the Republic of Serbia, provides opinions and indicates the need to adopt and amend laws and take other measures to protect constitutionality and legality.

This publication is written within the project “Fundamentals in focus: European integration beyond action plans”. The project is supported by the Embassy of the Kingdom of the Netherlands in Belgrade and implemented by the Belgrade Centre for Security Policy in partnership with the Belgrade Centre for Human Rights, Birodi and Institute Alternative from Podgorica.

You can download the publication HERE.

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