Radno i socijalno pravo

Предраг Трифуновић, Права запослених и уставна жалба, Радно и социјално право, стр. 1-16, ХТУ (1/2010)

Predrag Trifunovic, Judge of the Supreme Court of Serbia

THE EMPLOYEES’ RIGHTS AND THE CONSTITUTIONAL APPEAL

Summary

The courts of general and special jurisdiction are state bodies of authority and the judicial decision is an individual act. Yet, it has not been the intent of the framers of the Constitution to cancel or repeal the judicial decision in the proceeding on the constitutional appeal. It if had been the case, it would have been explicitly prescribed in the law, in such a way as it was legally regulated by the former Constitutional Court Proceedings Act or normed in some comparative legislations. The legislator has put the protection of human and minority rights and freedoms within the competences of regular courts. The cancellation or repeal of judicial decisions opposed to the imperative rule contained in Article 145 of the Constitution as well as the rule under which the Constitutional Court is not a judicial body nor is it the highest judicial instance in the state. Upon the model of the European Court of Human Rights in Strasbourg, the Constitutional Court of Serbia is entitle (pursuant to Article 18 of the Constitution) to establish the violation of a human or minority right or freedoms as envisaged in the Constitution. Such a decision may constitute a legal ground for reinstituting a criminal or a civil proceeding. The legislator’s intervention is necessary for a more substantial interference with the judicial decision.

Key words. employment rights, protection, consitutional appeal

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