Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006court and out-of-court proceedings) 140 . Narrow linguistic interpretations ofthe constitutional appeal in the new Constitution can lead to the solutionthat it is necessary to exhaust all the special legal cures as well in order tomake an appeal. This will to a large extent weaken this legal institution andcomplicate its implementation.The second problem comes from determining who exactly has a right toan appeal. It is stated in the Constitution that those are human or minorityrights guaranteed by this Constitution. In the analysis of the catalogue ofhuman and minority rights, numerous faults in their regulating have alreadybeen pointed out. This necessarily leads to the problem of protecting thosehuman rights which are not or are in a smaller scope guaranteed by theConstitution. A solution by which it would be possible also to complainabout the violation of the rights guaranteed by international contracts andgenerally accepted rules of international legislature would by all means bemore complete and more useful for the citizens. Unfortunately, the solutionaccepted by this article is in accordance with the spirit of the Constitutionwhich treats the international system of human rights as subordinate todomestic constitutional norms.140 Ibid42