Proceedings on resolution of the conflict of competence


The Constitutional Court is authorised to resolve the conflict of competence between:

a)     courts and other state bodies;

b)     republic bodies and provincial bodies or bodies of local self-government units;

c)     provincial bodies and local self-government units, and

d)     bodies of different autonomous provinces or different local self-government units.

Conflict of interest may be positive, when both bodies accept the competence, i.e., negative, when both bodies reject having the competence to resolve a concrete disputable legal question. In accordance with the stated, the request for a resolution of the conflict of competence, containing the title of the bodies which accept or reject the competence and the reasons based on which they do it, may be submitted by one or both bodies which are in conflict, but also the person in respect of whose right the conflict of competence has arisen. In case of a negative conflict of interest, i.e. when both bodies reject the competence, the request is filed within 15 days from the date the decision of the other body which declared itself non-competent, became final.

The Constitutional Court may order that until the Constitutional Court's proceedings for resolution of the conflict of competence are finished, the proceedings before the bodies between which the conflict of competence has arisen, are suspended. The ruling on a conflict of competence, by which also the acts passed by the non-competent body are cancelled, takes effect on the date this ruling is served to the bodies which are in the conflict of competence, i.e. to the person in respect of whose right the conflict of competence has arisen.