The Constitutional Court of Serbia according to the new Constitution of Serbia

The new Constitution of Serbia is not a coincidence of our recent history, but as a historical fact, on the threshold of a new era, it should contribute to the consolidation of Serbia as a modern European state. And the Constitutional Court is an institution of a modern state, which plays a significant role in realizing the principles of the rule of law. The Constitution of the Republic of Serbia from November 10, 2006 pays due attention to the Constitutional Court, both in terms of the number of provisions relating to this court, as well as its position and intended role in establishing the principle of the rule of law. The basic intention to strengthen and improve the Constitutional Court compared to its current position is evident. However, a more careful analysis shows that some new solutions actually weaken this institution, especially bearing in mind that the basic weaknesses of constitutional judicial protection in our system were not primarily in the normative sphere. There are arguments in favor of the assessment that the new Constitution only at first glance strengthens the Constitutional Court as an institution for the protection of constitutionality and legality. Some radically new solutions (first of all in terms of the method of selecting judges and thus the composition of the court), along with all those existing and new competences that were unwillingly added to it, without adequate constitutional guarantees and instruments that it will be able to implement them, in the existing conditions create a platform for weakening the importance of the Constitutional Court and in advance put it in a position where it will hardly be able to fully respond to the demands of such an extensive reform.