Judgment Reviews Law at Serbia
In Serbia, the legal framework for challenging government decisions and reviewing laws is a multi-layered system that involves a combination of administrative appeals, judicial review by the Administrative Court, and constitutional review by the Constitutional Court. This structure is rooted in a civil law tradition and has been significantly influenced by the country's history and its ongoing process of European integration.
Administrative Appeal and Judicial Review
The most common method for a citizen to challenge a decision by a public authority is through a two-stage process:
Administrative Appeal: A person who believes their rights, duties, or legally grounded interests have been violated by an administrative act can first file an appeal with the higher administrative authority. This is a crucial step that must be taken before moving to the courts. This process is governed by the General Administrative Procedure Act.
Judicial Review by the Administrative Court: If the administrative appeal is unsuccessful, the individual can then initiate an administrative dispute before the Administrative Court. This court is a specialized body with jurisdiction over the entire territory of Serbia. It reviews the legality of the administrative act, and if it finds the act to be unlawful, it can annul it. The Administrative Court is a court of first instance, and its decisions can be challenged before the Supreme Court of Cassation through a request for review of a court decision.
Constitutional Review
In addition to judicial review of administrative acts, Serbia has a separate and distinct system for constitutional review of laws and other general legal acts. This is performed by the Constitutional Court.
Jurisdiction: The Constitutional Court is an independent body that is not part of the regular judicial system. Its primary role is to ensure that all laws, regulations, and general legal acts are in conformity with the Constitution of Serbia. It can also rule on constitutional appeals submitted by individuals claiming that a public body has violated their rights under the Constitution.
Decentralized Review: Courts in the regular system (including the Administrative Court) have the power to perform an "indirect review" of laws. This means that if a court, while deciding a case, determines that a general legal act is unconstitutional or illegal, it can choose not to apply it. The court would then initiate a formal procedure before the Constitutional Court, which has the final say on the matter.
Constitutional Appeal: For individuals who have exhausted all other legal remedies, a constitutional appeal to the Constitutional Court is the final avenue for seeking redress for a violation of their human rights by a public authority. This is considered an effective legal remedy for rights protected by the Constitution.
The Role of International Law
Serbia is a party to the European Convention on Human Rights (ECHR), and its legal system is being harmonized with European Union law. The Supreme Court of Cassation and the Constitutional Court both play a significant role in ensuring that Serbian courts and public bodies apply and respect the case law of the European Court of Human Rights (ECtHR). Serbian law provides for the possibility of reopening a legal procedure if a final domestic judgment is found to be in conflict with a decision of the ECtHR.
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