Implementation of Transitional Laws in Serbia 2006

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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
Implementation of Transitional Laws in Serbia 20065. Territorial Organization5.1. Provincial Autonomy and LocalSelf-governmentConceptArticle 176Citizens shall have the right to the provincial autonomy and local self-government, which theyshall exercise directly or through their freely elected representatives.Autonomous provinces and local self-government units shall have the status of legal entities.Definition the CompetencesArticle 177Local self-government units shall be competent in those matters which may be realized, in aneffective way, within a local self-government unit, and autonomous provinces in those matterswhich may be realized, in an effective way, within an autonomous province, which shall not bethe competence of the Republic of Serbia.What matters shall be of republic, provincial or local interest shall be specified by the Law.Delegation of CompetencesArticle 178The Republic of Serbia may, in accordance with the law, delegate particular matters within itscompetence to autonomous provinces and local self-government units.According to its decision, an autonomous province may delegate particular matters within itscompetence to local self-government units.Resources to execute the delegated competences shall be provided for by the Republic of Serbia oran autonomous province, depending on who the competences were delegated by.Right and duties of autonomous provinces and local self-government units and powers of theRepublic of Serbia and autonomous provinces in the process of monitoring the execution ofdelegated competences shall be regulated by the Law.43
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Implementation of Transitional Laws in Serbia 2006

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