PRACTICE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF SERBIA - LAW ON HOLIDAYS OF THE REPUBLIC OF SERBIA

Authors

  • Mile Dmičić Full professor at the Faculty of Law, University of Banja Luka

Abstract

In the specific case, from the content of the subject declaration, as well as the issues it treats, according to the Council's assessment, it follows that this act does not contain a legal norm of a general nature, that is, that it does not legally bind the subjects to which it refers. This declaration expresses the political position of the National Assembly regarding certain issues of a political nature. Given that the aforementioned declaration contains statements such as that the National Assembly considers, points out, emphasizes, confirms, invites, obligates, etc., the Council determined that the aforementioned declaration neither in content nor in form has the character of a general legal act. Bearing in mind the provision of Article 115 of the Constitution of the Republic of Srpska and Amendment LXXXVIII point 1 to the Constitution, which amended paragraph 2 of this article, according to which the subject of the assessment of the Constitutional Court of the Republic of Srpska, and thus the Council for the Protection of Vital Interests of this Court, may be laws, other regulations and general acts, and the fact that the disputed declaration has the character of a political and not a general legal act, the Council determined that it was not within its jurisdiction to consider the act in question.

Published

12/06/2022

Issue

Section

Court Practice