International and European Norms on the Rule of Law from the Perspective of the Republic of Serbia

Tubić, Bojan (2021) International and European Norms on the Rule of Law from the Perspective of the Republic of Serbia. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 2 (1). pp. 229-244. ISSN 2732-0707

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Abstract

This paper examines international and European norms concerning the principle of the rule of law and its implications for the Republic of Serbia’s legal order. There is no universally accepted definition of the rule of law, but some common elements can be found in international legislative acts and jurisprudence. The European Union and Council of Europe have substantial legislation on this issue; with their courts’ jurisprudence, they have a significant influence on their Member States’ comprehension of the rule of law principle. The Republic of Serbia has embraced the principle in its Constitution and developed it in its legislation. It will also accept and include European interpretations of the rule of law in its legislation and judicial and administrative practice by joining the European Union.

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