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Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
of the Republic of Serbia ( sr, Уставни суд Републике Србије; Ustavni sud Republike Srbije) is the court authorized to perform
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
in
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
. It rules on whether the laws, decrees or other bills enacted by the Serbian authorities are in conformity with the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
. It is not considered as part of the judicial branch, but a court ''
sui generis ''Sui generis'' ( , ) is a Latin phrase that means "of its/their own kind", "in a class by itself", therefore "unique". A number of disciplines use the term to refer to unique entities. These include: * Biology, for species that do not fit in ...
''. The Constitutional Court is authorized by the Constitution itself and the ''Law on the Constitutional Court''. The seat of the Constitutional Court is in
Belgrade Belgrade ( , ;, ; names in other languages) is the capital and largest city in Serbia. It is located at the confluence of the Sava and Danube rivers and the crossroads of the Pannonian Plain and the Balkan Peninsula. Nearly 1,166,763 mi ...
. It consists of 15 judges, one of them being President of the Court.Constitutional Court of Serbia official site
''Election, appointment and termination of office''


History

The Constitutional Court of the
Socialist Republic of Serbia , life_span = 1944–1992 , status = Constituent state of Yugoslavia , p1 = Territory of the Military Commander in Serbia , flag_p1 = Flag of German Reich (1935–1945).svg , p2 ...
(then part of
SFR Yugoslavia The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yu ...
) was established on 9 April 1963 as an independent body of the Republic and designated to protect constitutionality and legality in accordance with the Constitution and within the framework of the rights and duties proscribed by the 1963 Constitution of SR Serbia. The ''Constitutional Law of Serbia'', enacted on 25 December 1963, defined jurisdiction and
adjudication Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the p ...
s before the Constitutional Court and legal effects of its decisions in a more specific manner. The Constitutional Court of Serbia commenced its work on 15 February 1964. The Constitutional Court has upon proclamation of the 1990 Constitution of Serbia acted within the framework of absence of division of powers, where the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
was the highest body of state power. The Constitutional Court has through its presence and work contributed to the importance and contribution in preservation of the constitutional principles and legality.


Composition

The Constitutional Court consists of 15 judges. Five of them are elected by the
President of Serbia The president of Serbia ( sr, Председник Србије, Predsednik Srbije), officially styled as the President of the Republic ( sr, Председник Републике, Predsednik Republike) is the head of state of Serbia. The cu ...
, five by the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the r ...
, and five are elected at the General Session of the
Supreme Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In t ...
. Judges are elected to the 9-year term. The candidates have to be accomplished lawyers of at least 40 years of age and with at least 15 years of experience in
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
. One person can be elected to the Court a maximum of two times. After the election, the judges take oath before the President of the National Assembly. The term of the Constitutional Court judge ends after 9 years since the election, or by resignation, by retirement or by
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
. A Constitutional Court judge may not perform any other public office or any other job at all, except for being a professor at the Law School of one of the universities in Serbia. A Constitutional Court judge enjoys
immunity from prosecution Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...
. Composition (year of election given in the parenthesis): * Snežana Marković (2016), President since 2020 *Gordana Ajnšpiler Popović (2019) *Lidija Đukić (2019) *Tatjana Đurkić (nee Babić) (2016) * Dragana Kolarić (2016) * Tamaš Korhec (2016) *Vesna Ilić Prelić (2007) * Miroslav Nikolić (2016) *Vladan Petrov (2019) *Nataša Plavšić (2019) * Jovan Ćirić (2016) * Milan Škulić (2016), Deputy President since 2020 * Tijana Šurlan (2016) Two seats are currently vacant, .


Presidents of the Constitutional Court

Sources: ; Status


Library of the Constitutional Court

The Library of the Constitutional Court was formed after the Court had been established. According to the profile of its collections, the Library of the Constitutional Court is a specialized law library. The library is in charge of collecting, storing, cataloguing, and circulating literature from different branches of law, with special regard to constitutional legislation. The Library is in possession of a large collection of monographs, serial publications, and collections of papers. In addition, it has an electronic database of legal acts. The Constitutional Court Library owns a valuable collection of legal acts issued in the late 19th and early 20th centuries. The Library cooperates with the head office of Belgrade City Library,
National Library of Serbia The National Library of Serbia ( sr, Народна библиотека Србије, Narodna biblioteka Srbije) is the national library of Serbia, located in the capital city of Belgrade. It is the biggest library, and oldest institution in Ser ...
and other libraries of similar profile.Constitutional Court of Serbia official site
''The Library of the Constitutional Court of the Republic of Serbia''
/ref>


Notes


See also

*
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
*
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional ...


References

''This article incorporates text from the Constitutional Court of Serbia official site

, which is in the public domain, because it is a law, decree, regulation or official material of a
Republic of Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hung ...
state body or a body performing public functions, under the terms o
Article 6, Paragraph 2
of
Serbian copyright law The Serbian copyright act ( sr, Закон о ауторском и сродним правима) was published as the copyright act of Serbia and Montenegro on 24 December 2004, and it remains in force after the country's split under the "Declara ...
. See
Copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
.''


External links


Constitutional Court of Serbia Official page
{{Authority control Law of Serbia
Serbia Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
Courts and tribunals established in 1963