Legal History Of Serbia
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The Law of Serbia is the system of legal rules in force in
Serbia , image_flag = Flag of Serbia.svg , national_motto = , image_coat = Coat of arms of Serbia.svg , national_anthem = () , image_map = , map_caption = Location of Serbia (gree ...
, and in the international community it is a member of. Serbian
legal system A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
belongs mainly to the Germanic branch of continental legal culture ( civil law). Major areas of
public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociology, sociological concept of the ''Öf ...
and
private law Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the st ...
are divided into branches, among them civil, criminal, administrative, family and labour law. Serbia is the fourth modern-day European country, after
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
,
Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
and the
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
, to have a codified legal system. Written law is the basis of the legal order, and the most important
source of law Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" ("fons" in Latin) of law. Technically, anything ...
are:
Constitution of Serbia The current Constitution of the Republic of Serbia (), also known as Mitrovdan Constitution () is the supreme and basic law of Serbia. It was adopted in 2006, replacing the previous constitution dating from 1990. History The adoption of current ...
, legal regulations ( acts of parliament),
international treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, conventi ...
(once they have been
ratified Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usuall ...
by the parliament and
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law i ...
), and such findings of the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...
, in which a law or its part has been nullified as
unconstitutional In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...
.Social Security Law in Serbia, Senad Jasarevic, Senad Ja Arevi, Kluwer Law International, 01.05.2012.


Sources of law

Sources of Serbian law are (in this hierarchical order): * the Constitution () and constitutional acts () * international treaties ratified by the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
() * laws adopted by the National Assembly () * published decisions of the Constitutional Court () * derived legislation: government decrees () and decisions of ministries (); legislative acts of territorial self-government bodies: provincial decrees () and city/municipal ordinances () Acts of parliament and other legal regulations enter into force on the day they are
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law i ...
(published) in the "Official Gazette of the Republic of Serbia" (), although they may take effect at a later date. International treaties are similarly published in the "Official Gazette of the Republic of Serbia".


See also

*
Constitution of Serbia The current Constitution of the Republic of Serbia (), also known as Mitrovdan Constitution () is the supreme and basic law of Serbia. It was adopted in 2006, replacing the previous constitution dating from 1990. History The adoption of current ...
* Judiciary of Serbia


References

{{Law in Europe