SVE biblioteke (uzajamna bibliografsko-kataloška baza podataka COBIB.BH)
  • Vanredno stanje u Srbiji : ustavni okvir i praksa povodom pandemije COVID-19
    Simović, Darko
    The COVID-19 pandemic was the reason behind the introduction of a state of emergency in Serbia for the second time in the 21st century. Whilst the legal regime of a state of emergency was improved ... with the 2006 Constitution, this experience has proven that the current constitutional framework has certain weaknesses and shortcomings. The main fault could be seen in the vagueness of the Constitution with respect to the application of an alternative procedure for declaring the state of emergency in situations where the National Assembly is not able to convene. Seeing as that it was by way of alternate procedure, without the National Assembly, that the state of emergency was declared, there is an ongoing debate as to the constitutionality of that act. With respect to the measures taken that deviate from human rights, an explicitly repressive approach is observable which entailed lengthy time intervals of complete suspension of the freedom of movement. Simultaneously, there were significant omissions in view of the state body responsible for making decisions regarding the suspension of human rights, and some of the undertaken measures were characterized as being distinctively unconstitutional. The state of emergency additionally confirmed the thesis that Serbian parliamentarism has been encompassed by a strong process of presidentialization. Independent institutions, first and foremost the Constitutional Court and the Ombudsman, have entirely betrayed their role of human rights defenders.
    Izvor: Sveske za javno pravo [Elektronski izvor] = Blätter für Öffentliches Recht. - ISSN 2233-0925 (#God. #11, #br. #39, juni 2020, str. 3-20)
    Vrsta građe - e-članak
    Godina - 2020
    Jezik - srpski
    COBISS.BH-ID - 49040390

    Link(-ovi):

    http://www.fcjp.ba/analize/Sveske_za_javno_pravo_broj_39.pdf

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