JUDICIAL PRACTICE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF SERBIA - LAW ON THE INTERNAL DEBT OF THE REPUBLIC OF SERBIA

Abstract

The court determined that the contested Article 14 of the Law on Internal Debt violated the guarantees from Article 1 of Protocol No. 1 to the European Convention, which simultaneously violated Article 5, Paragraph 1, Subparagraph 1 of the Constitution, as well as the principle of the established rule of law paragraph 4 of the same article of the Constitution. In addition, in the specific case, the constitutional principle from Article 48 of the Constitution, according to which the rights and freedoms guaranteed by this Constitution cannot be taken away or limited, was violated. The court stated that during the proceedings, the contested Article 14 of the Law on Internal Debt of the Republic of Srpska was completely amended by the Law on Amendments to the Law on Internal Debt of the Republic of Srpska (Official Gazette of the Republic of Srpska No. 28/13), which is why assessed the constitutionality of this provision at the time of its validity. Given that during the previous procedure the legal situation was fully established and the collected information provided a reliable basis for decision-making, the Court, on the basis of Article 40, paragraph 5 of the Law on the Constitutional Court of the Republic of Srpska, decided on the constitutionality of the legal provision in question without issuing a decision on the initiation of the procedure.