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Report No. 95

5.21. Locus standi in the Constitutional Court in Yugoslavia.-

The most interesting provision in the Yugoslavian Constitution is about locus standi. Article 249 reads1-

"249. A point of constitutionality and legality may be raised before the Constitutional Court of Yugoslavia by:

(1) The Federal Assembly and the republican assemblies;

(2) The Federal Executive Council and the republican executive councils, except when the constitutionality of laws passed by their assemblies is being judged;

(3) The Supreme Court of Yugoslavia and the other Supreme Courts of the Federation, as well as the republican supreme courts, if the point of constitutionality and legality ensues in court proceedings;

(4) The Federal public prosecutor, if the point of constitutionality and legality ensues in the work of the public prosecution;

(5) The republican constitutional courts;

(6) The assembly of a social-political community, or a working or other autonomous organisation, if any of their rights established by the Constitution of Yugoslavia have been violated.

A point of constitutionality and legality may be raised by the Constitutional Court of Yugoslavia of its own initiative:

"The conditions under which other state organs, organisations and citizens may institute proceedings or move the institution of proceedings raising a point of constitutionality and legality before the Constitutional Court of Yugoslavia shall be determined by federal law."

1. Article 249, Constitution of Yugoslavia.



Constitution Division within the Supreme Court Back




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