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Constitutional Law

The Constitutional Law department offers a wide spectrum of services to clients of the “Aleksic and Associates” Joint Law Office.

Within the framework of the Constitutional Law department, we provide clients with the following services:

– – The representation of corporate entities and natural persons in the process of assessing the constitutionality or legality of generat Acts, including the filing of initiatives to the Constitutional Court. The process for the assessment of the constitutionality or legality of general acts represents a “normative control – subsequent control” of the constitutionality of the law, thereby the constitutionality and legality of all other regulations and general legal Acts.

– Representation throughout the process of deciding on whether laws and other general Acts are in accordance with generally-accepted rules of international law and confirmed by international agreements.

– The submission of proposals for the suspension of the execution of an individual Act or action during the process of assessing the constitutionality or legality of general Acts, bearing in mind that the Constitutional Court can, up until reaching a final decision, suspend the execution of an individual Act or action that is taken on the basis of a general Act when the constitutionality or legality of that Act is being assessed, if harmful consequences that cannot be remedied can occur as a result of its execution.

– The representation of corporate entities or natural persons during proceedings according to constitutional complaints as a special legal remedy by which proceedings before the Constitutional Court are commenced for the purpose of protecting human rights or minority rights and the freedoms guaranteed by the Constitution. The “Aleksic and Associates” Joint Law Office, on behalf of and for the benefit of its clients, declares constitutional complaints against individual Acts or actions of departments of government or organizations to whom public authorization is entrusted (for example, against legally-enforceable verdicts or court decisions, and afterwards against administrative Acts), by which human rights or minority rights and the freedoms guaranteed by the Constitution are violated or denied, if other legal remedies for their protection have been exhausted or are not provided for, or the right to their protection in court is excluded by law. Representation in these proceedings before the Constitutional Court also includes the possibility of submitting a proposal for the postponment of the execution of individual Acts or actions, if their execution would cause damages to the applicant that cannot be remedied, and the postponment is not against the public interest, nor would greater damages be incurred by a third party due to the postponment. As well, within a constitutional complaint, it is possible to also express a request for the compensation of both material and non-material damages.

– The representation of natural persons and corporate entities in proceedings before the European Court of Human Rights, located in Strasbourg, including the filing of petitions due to the violation of rights guaranteed by the European Convention on Human Rights and its protocols, as well as in later phases of the proceedings.

The Convention guarantees the following individual rights:

  • The right to a fair trial
  • The right to liberty and security
  • Freedom of expression
  • Freedom of thought, conscience and religion
  • Freedom of assembly and association
  • Right to an effective remedy
  • Protection of property, entitlement to the peaceful enjoyment of possessions
  • Right to free elections

The Convention includes the following prohibitions as related to the rights of the individual:

  • Prohibition of torture, no one shall be subjected to torture or to inhuman or degrading treatment or punishment
  • Prohibition of slavery and forced labour
  • Prohibition of discrimination: the enjoyment of the rights and freedoms set forth in the Convention shall be secured without discrimination on any ground
  • Prohibition of expulsion of nationals or the deprivation of their right to enter the territory of their State of nationality
  • Prohibition of collective expulsion of aliens

The “Aleksic and Associates” Joint Law Office has a wealth of experience in representing clients before the European Court of Human Rights in Strasbourg, for the purpose of protecting all of the above-listed rights, guarateed by the Convention and its protocols, including the filing of petitions on behalf of the client for the determination of temporary measures in the interest of the client or the proper development of the proceedings.