Constitutional Court as Constitutional Complaint Institution: Evidence from Serbia

Polovchenko Konstantin ()
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Polovchenko Konstantin: Department of Constitutional Law, Moscow State Institute of International Relations (MGIMO University), Moscow, Russian Federation

The Law and Development Review, 2021, vol. 14, issue 1, 33-57

Abstract: A noticeable increase in the scope of powers of the constitutional supervisory body of Serbia is directly related with a qualitative change in the status of the Constitutional Court. The purpose of the article is to analyse the competences of the Constitutional Court of the Republic of Serbia in protecting rights and freedoms as the most important area of its activity. The article presents a study of the increased powers of the Constitutional Court of the Republic of Serbia, the purpose of which is to protect rights and freedoms. The leading method in this study is the system analysis method, which allows us to assess the significance of the constitutional complaints institution in Serbia. Studying the current regulation of the competence of the Constitutional Court of Serbia, the author concludes that the significantly expanded competence of the Constitutional Court of Serbia fully reflects its status as a constitutional body representing the fourth judicial control authority in the state. It also ensures the supremacy of the Constitution and protects the foundations of the constitutional system of Serbia, including protection of rights and freedoms in the Republic of Serbia.

Keywords: constitutional review; competence of the constitutional court; constitutionality and legality; constitutional complaint; constitutional proceedings (search for similar items in EconPapers)
Date: 2021
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DOI: 10.1515/ldr-2020-0013

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