Project Proposal

ADJUSTMENT OF CONSTITUTIONAL AND LEGISLATIVE SYSTEM OF LEGAL PROTECTION OF CIVIL RIGHTS AND LIBERTIES TO EUROPEAN LEGAL STANDARDS

Author and coordinator:: Slobodan Vučetić

INTRODUCTION

Protection of constitutionality and legality, as well as legal protection of human rights and freedoms are a vital prerequisite for development of a democratic society and of rule of law. In post-communist societies, it is necessary to have a modern and efficient constitutional court system as a kind of control of the legislative power and, specifically, a means of verifying constitutionality and legality of regulations, enactments and actions of executive bodies which are very often in position to violate the constitution and laws, and usurp not only the legislative function, but also the judicial one.

The current constitutional solutions in the Federal Republic of Yugoslavia and Serbia do not regulate the constitutional court system, competences and constitutional procedure in an adequate way. The system of verification of constitutionality and legality of regulations, adopted in the former state (SFRY), has been preserved. On the other hand, the protection of fundamental civil rights and liberties before a constitutional court (by a constitutional appeal like in the German legal system) has been left out.

The laws governing organization, constitutional procedure and legal effect of the constitutional court decision have for the most part been taken from the legal system of the former, one-party state, and do not conform to the modern European standards, especially with respect to protection of fundamental civil rights and liberties. All this, coupled with the procedure by which constitutional court judges are elected and by great possibilities for the prolongation and obstruction of judicial proceedings, enables the use of constitutional court for political purposes. Therefore, at this moment already, it is necessary to lay groundwork for future constitutional and legal solutions relating to constitutional protection of civil rights and liberties, as well as for verification of constitutionality and legality of regulations.

PROJECT OBJECTIVE

The Project has two basic objectives.

The first objective is to make a critical analysis of the present constitution and of present legal solutions in the Federal Republic of Yugoslavia and Serbia relating to protection of constitutionality and legality, as well as to constitutional court practice from the aspect of the European legal standards and legal practice in protection of human rights and freedoms.

The second objective is to present proposals for new constitutional and legal principles and a system of protection of constitutionality and legality, which could be used as a basis for adoption of new constitutional and legal solutions.

PROJECT DESCRIPTION

The Project will be carried out in three phases.

The first phase will include research into constitutional and legal solutions, as well as constitutional court practice in the EU countries (including the European Court of Justice) relating to the protection of constitutionality and legality, and fundamental civil rights and liberties.

The second phase will include formulation of proposals for possible constitutional solutions, as well as of a model law on constitutional courts, proceedings and legal effect of constitutional court decisions.

In the third phase the results of the previous two phases will be presented to experts and to local general public:

The model law and proposals for new constitutional solutions in this area will be published in a special LEX publication, while the abstract of basic solutions will also be presented through the media.

These proposals will be discussed at a round table that will be organized for experts in constitutional law and constitutional judiciary, as well as for experts in the European legal standards and legal practice in protection of constitutionality and legality, that is, civil liberties and rights.

There will be a special consultative meeting with judges and lawyers at which proposed solutions for constitutional procedure, legal effect and the execution of constitutional court decisions will be considered.

EXPECTED RESULTS

Models of new constitutional and legal solutions in the field of constitutional judiciary, as well as in other major fields of the system will facilitate and speed up adjustment of the overall legal system to the European legal standards and practice, immediately after the creation of political conditions, that is, the victory of a democratic alternative in Serbia. At the same time, a timely preparation of the most important system-related laws can also be used as an efficient tool of the opposition parties in promotion of democratic society principles and of rule of law in their election campaign.

PROJECT IMPLEMENTATION TIME FRAMEWORK

The project will be implemented within a period of 10 months upon its adoption.

The first phase will be completed in 4 months.

The second phase will be implemented within 4 months upon completion of the first one.

The third phase will be implemented parallel to the second one and should be completed not later than 2 months upon its completion.

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