General Rules of proceeding before the Constitutional Court

The work of the Constitutional Court is open to the public, and this openness is achieved by publishing the Court’s Decisions, by publishing statements from its sessions on the Court’s internet webpage, by holding public hearings and hearings in the course of proceedings before the Constitutional Court, by issuing press-releases, holding press-conferences, and in other ways. The public may be excluded, but only for the purpose of protecting the interests of national security, public order and morality in a democratic society, as well as for the sake of the protection of minors or the privacy of the parties to the proceedings, of which the decision is taken by the Constitutional Court, provided that the exclusion of the public does not include parties to the proceedings, their authorised representatives and expert judgment. For the purpose of effective operation of the Constitutional Court, and prevention of prejudice to the possible solution of a disputed constitutional and legal matter, Constitutional Court judges are by law forbidden to express publicly their opinion on the question that is the matter of dispute before the Constitutional Court.

Any person may demand access to case-files of the proceedings conducted before the Constitutional Court without proving their legal interest, if information of public interest is in question, in conformity with the law regulating free access to information of public importance. Exceptionally, in the proceedings on constitutional appeals and complaints of judges, public prosecutors and deputy-public prosecutors, the Constitutional Court may decide to grant access to case-files only to the parties to the proceedings. Also, the access to case-files and copies thereof shall not be granted if there are reasons for excluding the public, and in other cases in conformity with law.

Proceedings before the Constitutional Court are conducted in Serbian, with the use of Cyrillic alphabet, while the official use of other languages and alphabets is performed in conformity with the law that regulates the use of those languages and alphabets. Proceedings before the Constitutional Court are conducted according to the rules determined by law, and questions concerning the proceedings which have not been regulated by law are regulated by provisions of an applicable procedural law. At the same time, the procedural questions that have not been regulated by this law or the provisions of procedural law are decided by the Constitutional Court in each individual case. 

The Constitutional Court Decisions are final, enforceable and generally-binding.