The Constitutional Court, as an institution, was “born” in the mind of the famous legal theorist Hans Kelsen. The extraordinary scientific mind of an Austrian jurist has created legal thoughts that remain to this day inscribed in golden letters in the theory of critical and profound study of legal positivism. In addition to extraordinary legal thought, his life was marked by the rise of Nazism in Germany, and although he emigrated to the United States in 1938, he left Europe with the thought and realization of the existence of the Constitutional Court. With the 1920 Constitution, Austria was the first to introduce the Constitutional Court into its system of state law and set an example that would be further expanded by Europe. During this time, America has taken a different legal position, so the role of the controller of constitutionality and legality in the Anglo-American legal system is exercised by the Supreme Court.

The constitutional judiciary in our country is of fresh age, and so are the remedies, their analysis and application. Therefore, it is necessary to deal with them again, discuss them, but also apply them carefully in practice. A constitutional complaint is the “appeal of appeals”, the most powerful remedy for the protection of citizens, by which they protect their individual human rights. This institute was created and expanded in parallel with the development of the constitutional judiciary in the world during the 20th century. It was introduced in the Republic of Serbia only by the Constitution of 2006, regardless of the fact that Serbia has a tradition of constitutional judiciary dating back to 1963.

A constitutional appeal is lodged with the Constitutional Court, but on the assumption that effective remedies have previously been exhausted. It is filed against individual acts and actions of state bodies that have been violated by human rights. Many citizens have a well-founded, but also unfounded, sense that their right under their Constitution has been violated. It is therefore of the utmost importance to carry out a serious analysis of the individual case and a quality assessment of whether and what individual human rights have been violated; in which provision it is prescribed and guaranteed. In addition, it is necessary to bear in mind the practice and positions of the Constitutional Court of Serbia and the European Court of Human Rights.

The position of an individual to whom the right who has been violated is a difficult one. And even worse is the feeling of injustice when he fails to prove that the state has wronged him.

Therefore, the expertise and assistance of a lawyer to such citizens is invaluable. Writing a constitutional complaint differs from the classic submissions made by lawyers in legal disputes brought before the judicial and administrative bodies of the Republic of Serbia. Knowledge of procedural rules on constitutional court proceedings is insufficient if the lawyer does not govern the substance of human rights and constitutional law. Only a lawyer who sincerely believes in human rights and knows their substance well can provide effective legal assistance.

The constitutional appeal and the constitutional court decision contain a thread of jurisprudence, which links legal knowledge and doctrine, legal experience and legal practice, creating the whole of law. On a case-by-case basis, one has to proceed with extreme caution.

When drafting a constitutional complaint, our law firm always consults relevant literature and eminent experts.