U-I-60/11, Up-349/11

Reference no.:
U-I-60/11, Up-349/11
Official Gazette RS, No. 19/2013 | 14.02.2013
The right to give a statement in proceedings and the right to a fair trial do not constitute an obligation for the Constitutional Court to give a fully reasoned decision for rejecting or not accepting a constitutional complaint for consideration. From the point of view of these procedural guarantees, it is sufficient for the Constitutional Court to provide general reasons in an order on the rejection or non-acceptance of a constitutional complaint issued in the preliminary examination phase of a constitutional complaint. There is namely no human right that would ensure the right to a constitutional complaint and a decision of the Constitutional Court panel in the preliminary examination phase of a constitutional complaint as such does not significantly interfere with the position of an individual complainant; such decision namely does not entail a review of the substance of the issue of whether the human rights of a complainant were violated by the challenged acts, but "merely" causes a refusal to employ a legal remedy not required by human rights. A statutory regulation determining that only the formal reasoning is to be stated in such preliminary orders of the panels is also an expression of the precedential role the Constitutional Court plays and at the same time a prerequisite for its realisation.
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts constitutional complaint
Type of act:
Date of application:
Date of decision:
Type of decision adopted:
Outcome of proceedings:
dismissal rejection