Jerinić, Jelena and Vila, Igor (2014) Neither in Heaven nor on Earth : Notes on the Legal Nature of National Councils of National Minorities under the Serbian Constitution. Revue Européenne de Droit Public = European Review of Public Law = Eur. Zeitschrift des Öffentl. Rechts = Rivista Europea di Dirito, 26 (4). pp. 1699-1722. ISSN 1105-1590
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In this chronicle, the authors attempt to shed light on a decision of the Serbian Constitutional Court on the constitutionality of the Law on national councils of national minorities. In its January 2014 decision the Constitutional Court invalidated several provisions of the Law finding them unconsti-tutional, i.e. overstepping the boundaries of minority self-government in the fields of culture, education, public information and official use of language and script set by the Serbian Constitution. Delving into the legal nature of minority councils, the Court found them to be specific non-state bodies capable of performing delegated public functions. In an attempt to save some of the provisions of the Law from invalidation, the Court also provided guidance to their proper application. At the end of the day, it can be said that the Court's decision significantly limited the legally envisaged position of the councils towards the main state bodies and their power to be consulted on issues of concern for minority protection since the Law contradicted the constitutionally set division of state functions and the constitutional principle of unity of the legal order.
| Item Type: | Article |
|---|---|
| Additional Information: | COBISS.SR-ID 517368252 |
| Uncontrolled Keywords: | Nacionalni saveti nacionalnih manjina, Srbija, Nacionalne manjine, Pravni položa |
| Subjects: | Law (General) |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 14 Dec 2023 09:35 |
| Last Modified: | 27 Dec 2023 13:16 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/473 |
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