Judicial application of international law in Serbia

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.