Zbornik Radova: Pravni Fakultet u Novom Sadu (Jan 2017)

Standstill with constitutional review procedure: An addendum to debate on constitutionality protection in objective sense

  • Orlović Slobodan P.,
  • Rajić Nataša N.

Journal volume & issue
Vol. 51, no. 4
pp. 1471 – 1484

Abstract

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Subject of the paper is standstill with constitutional normative control of law. This institute could be applied on the base of Constitutional Court's decision, dealing with demand previously submitted by the state organ whose disputed general act is. The aim of the application of this institute is removal of non-constitutionality and non-legality from the disputed general act and avoidance of Constitutional court's decision. Paper will analyse the question if this institute serves to protection of constitutionality in objective sense. If answer is positive, paper will try to determine the scope of that. The start point for analysis is normative framework of this institute and attitudes of Constitutional Court in relation to this institute.

Keywords