Judicial application of international law in Serbia
Апстракт
In the Constitution of the Republic of Serbia, international relations are regulated in Article 16. According to the Serbian Constitution, foreign policy rests on generally recognised principles and rules of international law. Ratified international treaties, as well as generally recognised principles and rules of international law, form an integral part of the legal order of the Republic of Serbia and are directly applicable. In order to be a part of the legal order, a ratified international agreement must be in accordance with the Constitution of the Republic of Serbia. The Constitution also stipulates the hierarchy of domestic and international general legal acts. Emphasising the unity of the Serbian legal order, Article 194 also regulates that the Constitution is the supreme legal act. To this effect, all laws and other general legal acts promulgated in the Republic of Serbia must comply with the Constitution and may not contradict ratified international treaties and generally reco...gnised rules of international law. We may conclude that ratified international treaties and generally accepted rules have precedence in relation to domestic legislation, and only the Constitution stands above them in terms of hierarchy.
Извор:
Judicial Application of International Law in Southeast Europe, 2015, 243-264Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - CHAP AU - Ivanović, M.D. AU - Lukić, Maja PY - 2015 UR - https://ralf.ius.bg.ac.rs/handle/123456789/840 AB - In the Constitution of the Republic of Serbia, international relations are regulated in Article 16. According to the Serbian Constitution, foreign policy rests on generally recognised principles and rules of international law. Ratified international treaties, as well as generally recognised principles and rules of international law, form an integral part of the legal order of the Republic of Serbia and are directly applicable. In order to be a part of the legal order, a ratified international agreement must be in accordance with the Constitution of the Republic of Serbia. The Constitution also stipulates the hierarchy of domestic and international general legal acts. Emphasising the unity of the Serbian legal order, Article 194 also regulates that the Constitution is the supreme legal act. To this effect, all laws and other general legal acts promulgated in the Republic of Serbia must comply with the Constitution and may not contradict ratified international treaties and generally recognised rules of international law. We may conclude that ratified international treaties and generally accepted rules have precedence in relation to domestic legislation, and only the Constitution stands above them in terms of hierarchy. T2 - Judicial Application of International Law in Southeast Europe T1 - Judicial application of international law in Serbia EP - 264 SP - 243 DO - 10.1007/978-3-662-46384-0_12 UR - conv_3365 ER -
@inbook{ author = "Ivanović, M.D. and Lukić, Maja", year = "2015", abstract = "In the Constitution of the Republic of Serbia, international relations are regulated in Article 16. According to the Serbian Constitution, foreign policy rests on generally recognised principles and rules of international law. Ratified international treaties, as well as generally recognised principles and rules of international law, form an integral part of the legal order of the Republic of Serbia and are directly applicable. In order to be a part of the legal order, a ratified international agreement must be in accordance with the Constitution of the Republic of Serbia. The Constitution also stipulates the hierarchy of domestic and international general legal acts. Emphasising the unity of the Serbian legal order, Article 194 also regulates that the Constitution is the supreme legal act. To this effect, all laws and other general legal acts promulgated in the Republic of Serbia must comply with the Constitution and may not contradict ratified international treaties and generally recognised rules of international law. We may conclude that ratified international treaties and generally accepted rules have precedence in relation to domestic legislation, and only the Constitution stands above them in terms of hierarchy.", journal = "Judicial Application of International Law in Southeast Europe", booktitle = "Judicial application of international law in Serbia", pages = "264-243", doi = "10.1007/978-3-662-46384-0_12", url = "conv_3365" }
Ivanović, M.D.,& Lukić, M.. (2015). Judicial application of international law in Serbia. in Judicial Application of International Law in Southeast Europe, 243-264. https://doi.org/10.1007/978-3-662-46384-0_12 conv_3365
Ivanović M, Lukić M. Judicial application of international law in Serbia. in Judicial Application of International Law in Southeast Europe. 2015;:243-264. doi:10.1007/978-3-662-46384-0_12 conv_3365 .
Ivanović, M.D., Lukić, Maja, "Judicial application of international law in Serbia" in Judicial Application of International Law in Southeast Europe (2015):243-264, https://doi.org/10.1007/978-3-662-46384-0_12 ., conv_3365 .