Kontrola ustavnosti nečinjenja (propuštanja) zakonodavca

Đurić, Vladimir (2013) Kontrola ustavnosti nečinjenja (propuštanja) zakonodavca. Pravni život (12). pp. 609-624. ISSN 0350-0500

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Abstract

In this paper the author analyses the possibility of controlling the constitutionality of legislative omissions and the comparative law solutions relation to that issue. The legislative omission may be considered as improper execution of requirements of the constitution and the duty to legislate. Comparative analysis shows that the legislative omission may be subject to the control of the constitutionality in various proceedings before the constitutional courts and constitutional courts issue decisions that have different legal effects. The author is of the opinion that is tentative the conclusion according to which control of constitutionality of legislative omission means that constitutional courts do not fit in the role of a “negative legislator”. This standpoint is based on the fact that there is no sanctions for legislature’s eventual failure to meet the constitutional court’s requests for correcting its unconstitutional omissions. It is also based on the fact that the constitutional courts, if they, in their decisions on the unconstitutionality of omission, refer to the provisional application of certain rules, however, point to the rules adopted by the legislature.

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