Constitutional Court of Yugoslavia
| Constitutional Court of the Federation of Yugoslavia Ustavnij sud Koroljevske Deržave Federacije Jugoslavije | |
|---|---|
 | |
| Established | 7th November 1955 |
| Jurisdiction |  Federation of Yugoslavia |
| Location | National Axis, Chernograd, Chernograd District |
| Composition method | Nominated by the Curia Committee, appointed by a supermajority in the House of Peoples |
| Authorized by | Constitution of Yugoslavia |
| Judge term length | Ten years (renewable once) |
| Number of positions | 17 |
| Chief Justice of the Constitutional Court | |
| Currently | Vesna Turk-Žetova since 14th February 2020 |
The Constitutional Court of the Royal State of the Federation of Yugoslavia (Chernogorkan: Ustavnij sud Koroljevske Deržave Federacije Jugoslavije/Уставний суд Королйевске Державе Федерацийе Йугославийе) is an institution that acts as the interpreter and guardian of the Yugoslav Constitution and which monitors the conformity of laws with the Constitution as well as protection of human rights and freedoms of citizens that are guaranteed by the Constitution. It is considered to be de facto the highest judicial authority because it can overturn Supreme Court decisions on the basis of constitutional breaches. It is not considered as being part of the judicial branch of government, but rather a court sui generis, and it is therefore often colloquially referred to as a "fourth branch of government", alongside the traditional model of tripartite separation of powers into the executive (Yugoslav Vlada), legislative (Federal Assembly of Yugoslavia) and judicial (Supreme Court) branches.
Powers and responsibilities
According to the Part IV of the Yugoslav Constitution, the Constitutional Court shall:
- decide upon the compliance of laws with the Constitution,
- decide upon the compliance of other regulations with the Constitution and laws,
- decide on the constitutionality of laws and the constitutionality and legality of other regulations which are no longer valid, provided that less than one year has elapsed from the moment of such cessation until the filing of a request or a proposal to institute proceedings,
- decide on constitutional petitions against individual decisions taken by governmental agencies, bodies of local and regional self-government and legal persons vested with public authority where such decisions violate human rights and fundamental freedoms, as well as the right to local and regional self-government guaranteed by the Constitution of the Federation of Yugoslavia,
- monitor compliance with the Constitution and laws and shall report to the Federal Assembly on detected violations thereof,
- decide upon jurisdictional disputes between the legislative, executive and judicial branches,
- decide, in conformity with the Constitution, on the removal of the Prime Minister, ministers, or any other public servants,
- supervise compliance of the platforms and activities of political parties with the Constitution and may, in compliance with the Constitution, ban non-compliant parties,
- monitor whether elections and referenda are conducted in compliance with the Constitution and laws and shall resolve electoral disputes falling outside the jurisdiction of the courts,
- first notify the Vlada what it finds that a competent body charged with enacting a regulation needed for the application of the Constitution, law or other regulation has failed to do so, and shall notify the Federal Assembly when the Vlada has been charged with enacting such regulation and failed to do so,
- repeal a law or annul any other regulation if it finds it to be unconstitutional or illegal,
- perform other duties specified by the Constitution.
Landmark decisions
Abortion
On June 21, 1993, (Complaint 83/VI/1993) Constitutional Court announced that it held in a 12–5 decision that it won't accept constitutional complaints submitted by the conservative NGO's Yugoslav Movement for Life and Family to review conformity of the 1978 Law on Health Measures for the Realization of the Right to Freely Decide on Childbirth with the Constitution. While presenting the decision, Chief Justice Svetoslav Lopar stated that abortion was a controversial and a deep moral, philosophical, legal and medical issue about which there was no consensus and which therefore causes serious divisions in many societies, adding that the question on when life begins was not for the Court since it can only answer questions of legislation. The Court considered that abortion is a right protected by the Constitution. According to the Court, the right of privacy of women, which includes the right of freedom, dignity and the protection of family and private life, exists, which gives woman autonomy to a certain period (in Yugoslavia 12 weeks after conception) during which woman can freely decide whether she wants to give birth or not, but after that period of time birth becomes public interest which protects the right to life of the unborn. With this decision, the Court obligated the Federal Assembly to enact new law within two years. New law should determine the educational and preventive measures "so that abortion should be an exception". Judge Dragoljub Jesenski dissented (four more justices joined his dissent) and, among other things, stated that the 1978 Law should be formally and substantially aligned with the Constitution, abolished with a deferment effect, that the new one should be enacted, and that it is the duty of the state to protect the right to live of the unborn being. Following Court's decision, the Federal Assembly is permanently banned from enacting a law which would effectively ban abortion. This decision annulled the law in Vostna, which prohibited abortion on-demand, rather allowing it only for justified cases, and expanded that right in Chernozemye, where it was allowed only up to ten weeks after conception.
Same-sex marriage
On November 14, 2013, (Abstract Review 112/XI/2013) Constitutional Court in a 17-0 verdict declared the refusal of state authorities in Gorka, Chernozemye, and Vostna to officiate weddings of same-sex couples as inherently unconstitutional. With unanimous concurrence, the Chief Justice Goran Ivanov stated "[...] the Yugoslav Constitution in Part I clearly outlines rights of citizens, which, among others, includes the right to be free from discrimination when conducting business with state authorities, as well as the right to privacy. Definition of marriage in Yugoslav jurisprudence never excluded same-sex partners. Such exclusion could only exist if there is a positive law enforcing such exclusion. No such law exists, rendering the behaviour of state authorities in Vostna, Chernozemye, and Gorka null and void, without any legal standing, and at odds with the Yugoslav Constitution. The Court orders immediate cessation of rejections based on the sex of partners, and declares such rejections unconstitutional." The Court also decided that "any amendments to the Constitution which would define marriage as being union between a man and a woman should not have any effect on the further development of the legal framework of the institution of same-sex unions in accordance with the constitutional requirement that everyone in Yugoslavia has the right to be respected and right of legal protection of their personal and family life and human dignity". In conclusion, the Court warned that "incorporation of legal institutes in the constitution shouldn't become a systemic phenomenon" and that exceptional individual cases must be justified by being connected, for example, with deep-rooted social and cultural characteristics of the society.
Composition
The Constitutional Court consists of seventeen judges nominated by the Curia Committee, and appointed by the House of Peoples with qualified majority (368 out of 551) for a term of ten years from among notable jurists, especially judges, public prosecutors, lawyers and university professors of law. The Court elects its own Chief Justice for a term of five years. Before they take the office, judges must take an oath in front of the Royal Council. The Court is the only high federal body to be primarily staffed by women, with nine of the current seventeen justices being female, including the Chief Justice.
| In office since | Full name | Position | Term due to end |
|---|---|---|---|
| 17th January 2012 | Vesna Turk-Žetova | Chief Justice | 17th January 2032 |
| 7 August 2017 | Snježana Hanko | Associate Justice | 7 August 2027 |
| 28th March 2014 | Julija Vericka | Associate Justice | 28th March 2034 |
| 28th March 2014 | Dmitar Mogelov | Associate Justice | 28th March 2034 |
| 15th September 2006 | Goranka Kolovrat | Associate Justice | 15th September 2026 |
| 4th May 2022 | Igor Vagabundo | Associate Justice | 4th May 2032 |
| 4th May 2012 | Lovorka Kušan | Associate Justice | 4th May 2032 |
| 31st October 2011 | Zora Svetogorka | Associate Justice | 31st October 2031 |
| 29th January 2019 | Jakov Novak | Associate Justice | 29th January 2029 |
| 29th January 2019 | Branimir Vaclav | Associate Justice | 29th January 2029 |
| 29th January 2019 | Jana Selanka | Associate Justice | 29th January 2029 |
| 7 June 2016 | Andrej Tihoverh | Associate Justice | 7 June 2026 |
| 7 June 2016 | Nikolaj Dolenec | Associate Justice | 7 June 2026 |
| 7 June 2016 | Lena Vertača | Associate Justice | 7 June 2026 |
| 7 June 2016 | Vitomir Klobučar | Associate Justice | 7 June 2026 |
| 7 June 2016 | Slavoljub Pontoni | Associate Justice | 7 June 2026 |
| 7 June 2016 | Daša Iver | Associate Justice | 7 June 2026 |