Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 3, p. 597-619
working language: Serbian
Review paper
udk:udk:3.077.3:342.736 342.565.4 342.565.2
doi:10.5937/zrpfns58-54034
Author:
Savo Manojlović
Institute for Regular Law in Belgrade
savomanojlovic1986@gmail.com
ORCID ID: 0000-0002-6017-1544
Summary:
The paper explores the unique characteristics of two important legal institutions: administrative complaints and constitutional complaints. Although these legal mechanisms can be described in general terms, their application in practice requires a subtle understanding that goes beyond mere theoretical knowledge. The aim of the paper is to deepen the theoretical and practical understanding of these institutions through the analysis of their specific internal structures that distinguish them from other legal remedies.
The main thesis of the paper is supported by three sub-theses, which highlight the specificities of the procedures initiated by administrative complaints and constitutional complaints. These include their supra-institutional character, the subject of control, and the depth of analysis carried out in the decision-making process. The paper focuses in particular on legal systems in which administrative and constitutional courts are centralized as separate institutions, while at the same time considering systems in which these functions are dispersed within the general judiciary.
The conclusion of the paper is that the administrative complaint, which historically precedes the constitutional complaint, shares significant “legal DNA” with it, which makes them special in relation to other legal means and procedures. This connection highlights the administrative complaint as a precursor to the constitutional complaint in systems with centralized constitutional courts.
Keywords:
Constitutional appeal. Administrative lawsuit. Constitutional Court. Administrative court.