Birth of a law
What happens if it is suspected that a law does not comply with the Constitution?
The Constitutional Court decides about the compliance of the law with the Constitution, with generally accepted rules of international law, and with ratified international treaties.
After a law has been voted on at the National Assembly, and before it has been promulgated and come into force, at the request of one third of the MPs (84 MPs), the Constitutional Court is obliged to assess the constitutionality of said law within seven days. If the law is promulgated before the decision is made on its (un)constitutionality, the Constitutional Court will proceed with the procedure as requested, according to the regular procedure for the assessment of constitutionality of laws.
State institutions, institutions of territorial autonomy, or local self-government bodies, as well as a minimum of twenty five MPs, can initiate proceedings to assess the constitutionality of a law in effect before the Constitutional Court. The Constitutional Court itself can also initiate proceedings.
On the other hand, any legal or physical entity has the right to initiate proceedings for the assessment of constitutionality and legality.
Choose a quetsion from the Birth of a law
- What is a law?
- Why are laws adopted?
- Which acts regulate the birth of a law?
- Who can propose a law?
- What is a draft law?
- What does a bill look like?
- What are the mandatory elements of the rationale of a bill?
- What are the optional elements of the rationale of a bill?
- To whom is a bill submitted?
- What happens if a bill is not prepared in accordance with the Rules of Procedure?
- When is a bill included in the agenda of National Assmbly session?
- Which National Assembly committees review a bill?
- What is a public hearing?
- What is an amendment?
- Why is an amendment submitted?
- What is a discussion in principle?
- What is a discussion in detail?
- Does the proposer have the right to withdraw a bill from procedure?
- What is the Voting Day?
- How many does the National Assembly make decisions?
- What is urgent procedure?
- What are the specifics of the urgent procedure?
- How is a law promulgated?
- Can the President of the Republic refuse to promulgate a law?
- Who promulgates the law if the President of the Republic neither issues a decree on promulgation nor demands a second vote on the law?
- Is the adopted law published?
- When does a law come into effect?
- Can a law be implemented retroactively?
- Who executes the laws?
- What happens if it is suspected that a law does not comply with the Constitution?
- What happens if the Constitutional Court finds that a law does not comply with the Constitution?
- When does the effect of a law cease?
10.00 - sitting of the Committee on Constitutional and Legislative Issues (National Assembly House, 13 Nikola Pasic Square, Small Hall)
11.30 - press conference of the Chairperson of the Committee on Constitutional and Legislative Issues and the Prime Minister of the Republic of Serbia (National Assembly House, 13 Nikola Pasic Square, Central Hall)