Organization of the constitutional court in the Republic of Serbia with reference to the regulation of this issue in Italy and Switzerland

Abstract

With the appearance of the first written constitutions and the constitutionalization of basic human rights and freedoms, there is a need to introduce institutions that will ensure compliance with the prescribed rules and principles on which a society rests. The constitutional judiciary was created as a result of citizens' aspiration to establish a hierarchy among legal acts and the desire to protect their basic rights and freedoms from the arbitrariness and oppression of the ruling classes. The constitutional judiciary in the Republic of Serbia is embodied in the Constitutional Court as an independent and independent state body that protects constitutionality and legality, as well as human and minority rights and freedoms. Evaluating the effectiveness and reputation of this body means primarily looking at its composition. The composition and selection of the people who are employed is a very important issue, because the personnel factor has the most dominant influence on the functioning and the achievement of the goals of a body. Thus, in the paper, the author will analyze the normative solutions that cause controversy and division of opinion in professional circles, and concern the number of judges of the Constitutional Court, the method of their selection, the determination of the necessary qualifications of candidates for election to the position of judge, the position of judges, and many other issues. In addition, the author will make a short comparative review of the organization of the constitutional judiciary in Italy and Switzerland. The author found inspiration for the analysis of the Constitutional Court in Italy in the similarity of organizational solutions, that is, in the fact that Italy served as a model for our constitution maker when regulating the composition of the Constitutional Court in the Republic of Serbia. Switzerland has regulated this issue differently, which is why it is interesting, because the analysis of the constitutional judiciary in this country could give rise to ideas for possible changes or additions to the existing solutions in our country.