THE EFFECTS OF CONSTITUTIONAL COURTS DECISIONS ON THE CONSTITUTIONALITY OF LAWS ON INDIVIDUAL ACTS OF THE ADMINISTRATION (EXECUTIVE) IN THE FEDERAL REPUBLIC OF GERMANY AND REPUBLIC OF SERBIA

Abstract

In this paper the author analyses the effects of the constitutional courts decisions on constitutionality of laws on individual acts of the administration in the legal system of Germany and the Republic of Serbia in terms of the execution and the possibility of changes of those acts. The decisions of The Federal Constitutional Court of Germany have the ex tunc effect, and the final (unappealable) individual acts that are based on a statute that has been declared null and void can not be executed. Final (unappealable) individual acts remain unaffected. On the other hand, the decisions of the Constitutional Court of Serbia shall have effect ex nunc, and the Constitutional Court Act prohibits only the execution of legally binding valid acts based on an unconstitutional law. The Constitutional Court Act allows the amendment of final (unappealable) and legally binding valid individual administrative acts that violate rights. The conclusion is that such a possibility does not comply with the rules of administrative procedures and the rules of court review of individual administrative acts and that is necessary to be changed.