The Rule of Law and Constitutional Changes in Serbia

Kolaković-Bojović, Milica (2018) The Rule of Law and Constitutional Changes in Serbia. In: Međunarodna naučno-stručna konferencija "Krivično zakonodavstvo i funkcionisanje pravne države" 20-21. april 2018, Trebinje. Srpsko udruženje za krivičnopravnu teoriju i praksu; Grad Trebinje; Ministarstvo pravde Republike Srpske, Trebinje, pp. 277-292.

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Abstract

The rule of law, not rule of men, is the sentence frequently used to express one of the main principles that serve as a milestone of modern democracies. From ancient Greeks to modern legal theory, the rule of law principle increased its importance from basic guaranties established to protect citizens from unlimited power of sovereign to modern concept based on separation of power, whose synergy is framed by checks and balances mechanism. The basic pattern of the rule of law is nowadays consisted in constitutions of numerous countries all around the world, but also recognized as an accession and membership criteria by European Union. The author analyzes an issues of mutual balancing three branches of power in the context of constitutional changes in Serbia requested by the European Commission in the process of accession negotiations for the membership in EU. The author puts in the focus strengthening constitutional guaranties of judicial independence, accessing the draft Constitutional Amendments proposed by Serbian Ministry of Justice.

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