On 15 May 2009, Mikijelj, Jankovic & Bogdanovic Law Office, Belgrade Centre for Human Rights and Praxis have launched the Initiative for Constitutional Review of the Article 85, Paragraph 1 of the Law on Constitutional Court to the Constitutional Court of the Republic of Serbia.
The Initiative points to the fact that the aforementioned provision of the Law is unconstitutional in the part prescribing that a constitutional appeal must contain citizens’ identification number. Thus, the right to constitutional appeal, right to judicial protection against violation of human and minority rights and the right to equal protection of rights, as well as the constitutional prohibition of discrimination are unconstitutionally restricted.
At the session held on September 10, 2009, the Constitutional Court delivered the Initiative for Constitutional Review of the Article 85, Paragraph 1 of the Law on Constitutional Court to the National Assembly for opinion.
At the 11th Regular Session of the Constitutional Court, held on 18th March 2010, in the case of constitutional review of laws and other regulations of the Republic bodies, the Constitutional Court did not accept the Initiative for Constitutional Review of the Article 85, Paragraph 1 of the Law on Constitutional Court ("Official Gazette of RS" No. 109/07), launched by Mikijelj, Jankovic & Bogdanovic Law Office, Belgrade Centre for Human Rights and Praxis. The Constitutional Court estimated that prescribing the data about citizen’s identification number as a compulsory element of the content of a constitutional appeal is based on the provision of Article 175 of the Constitution, according to which a procedure before the Constitutional Court is regulated by law, and that it does not violate the principles of prohibition of discrimination from Article 21 of the Constitution and rights to equal protection of rights and legal remedies provided by the provisions of the Article 36 of the Constitution, since the prescribed provision refers to all citizens of the Republic of Serbia who, with regard to the provisions of Law on Citizen’s Identification Number and Law on ID Card, have citizen’s identification number. However, it does not restrict or condition the right to launching a constitutional appeal to persons who do not have this identification mark because they are not included in the aforementioned obligation prescribed by laws of the Republic of Serbia (case IUz-106/09).
Download (Serbian only): Initiative
Download (Serbian only): Decision of the Constitutional Court
