This paper show why the standardization of administrative procedure is important for the state legal system that, in the last two decades, the administrative procedure codes were adopted in almost all of the European states. Afterwards author analyzed main driving forces for development of administrative procedural law at the level of the European Union and the Council of Europe. The most important legal sources of European administrative procedural law (basic standards, principles, recommendations and guidelines in this area) are concisely presented but it is clearly indicated that there are certain ambiguities, that these sources don't apply equally to all institutions of the Union, and that they still don't make finished, complete and forever given system that can be automatically transferred to jurisprudence of the member states and candidate countries. Moreover, often administrative process laws of the member states contain rules that are not existing in this kind of regulation at European Union level and that is why the process of adopting the first European Union general law on administrative procedure was initiated, which would further improve the standards of European administrative process in general. When it comes to the general administrative procedure of the Republic of Serbia it has been shown that in spite of the strategic orientation towards the reform of the Law on Administrative Procedure expressed in numerous strategies, our executive authorities in this area have not yet moved beyond the development of the third version of the Draft Law on General administrative Procedure which was afterward adopted by the Government as the Bill. In his final remarks the author concludes stating that the largest number of European standards of administrative process are included in the final version of the Draft, but without eliminating the shortcomings of the existing Law, and without normative adjusting to the circumstances in which the Serbian administration operates, and with unnecessary abandonment of some solutions that have proved to be right in the decades-long practice of administrative authorities.
In this paper, the author points to the outdated textbook classification of states into three groups, according to whether they have carried out the codification of administrative procedure or not. The first group includes the states that have administrative procedures fully codified. The second group comprises the states with the so-called mixed systems, which have uncodified procedural regulations related to the administration, while the third group contains a few states that do not have administrative procedural regulations at all. The author analyzes recent changes in this highly dynamic field in order to specify general patterns, common characteristics and peculiarities of regulations of general administrative procedure in contemporary states. The paper especially points to the general acceptance of the concept of administrative act but also underscores the differences in its content in various legal systems. The author has identified and analyzed some smaller standalone trends, such as: the increasing complexity of administrative procedures along the lines of judicial procedures, and the most recent deviations from this trend; the increasing presence of administrative contracting and other forms of alternative dispute resolutions of administrative matters; and the growing insistence on the principle of citizens' participation in administrative proceedings. The goal of the analysis is to determine the degree of influence of the Global and European administrative law on the national regulations, to explore the activities of certain expert organizations bringing together a number of experts in the field of comparative administrative law, and to discuss the course of the latest regulations in this area.
A decade ago, Serbia has carried out the reform of judicial control of public administration - by establishing the new Administrative Court. The expected results, however, have not been achieved and the problems that caused the reform have not been resolved. Therefore, a decade later, a new reform is in sight. The planned changes include establishing more administrative courts and introducing a two-instance administrative dispute. The aim of this paper is to discuss these changes, but in a slightly different way. Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute. Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes.
At the end of 2012 and the beginning of 2013, the Serbian Government issued the new national regulations in order to provide an acceptable legislation framework to achieve 2020 targets of 27% increase of total renewable energy sources share in the gross final energy consumption, relative to 2009. The target of a 37% increase relates to participation of renewable energy sources in electricity production. It requires construction of new significant capacities of renewable energy power plants as clearly defined in the National Action Plan for Renewable Energy Sources.This paper comprises critical analyses of targeted new installed capacity of renewable energy power plants for electricity production from different point of views, such as: new national energy policy, new national regulations, renewable energy sources potential in Serbia, efficiency of power plants and the investment financial models.According to the new national energy policy identified in the National Action Plan for Renewable Energy Sources, it is concluded that the new regulations related to the construction of new renewable energy power plants is completed, particularly concerning the investment security, provision of green electricity market, status of green electricity producer, and significant reduction of time for administrative procedures required to obtain a building permit. Particularly, the real wind potential in Serbia, based on the measured data over the past ten years of measurement campaigns at more than thirty locations, has been used to correct the targeted installed capacity of wind power plants. ; At the end of 2012 and the beginning of 2013, the Serbian Government issued the new national regulations in order to provide an acceptable legislation framework to achieve 2020 targets of 27% increase of total renewable energy sources share in the gross final energy consumption, relative to 2009. The target of a 37% increase relates to participation of renewable energy sources in electricity production. It requires construction of new significant capacities of renewable energy power plants as clearly defined in the National Action Plan for Renewable Energy Sources.This paper comprises critical analyses of targeted new installed capacity of renewable energy power plants for electricity production from different point of views, such as: new national energy policy, new national regulations, renewable energy sources potential in Serbia, efficiency of power plants and the investment financial models.According to the new national energy policy identified in the National Action Plan for Renewable Energy Sources, it is concluded that the new regulations related to the construction of new renewable energy power plants is completed, particularly concerning the investment security, provision of green electricity market, status of green electricity producer, and significant reduction of time for administrative procedures required to obtain a building permit. Particularly, the real wind potential in Serbia, based on the measured data over the past ten years of measurement campaigns at more than thirty locations, has been used to correct the targeted installed capacity of wind power plants.
Local government is a complex system of management (Holding Company) that directly provides various services to the local community or operates a service delivery system, of a "higher" managerial (political, economic, social) level. The services provided in local government are very numerous and different in character. In this multitude of services, utilities can be considered as the local government services in the narrow sense. Utilities are services provided by local governments that meet the needs and interests of citizens and organizations. All utilities are, in fact, activities providing utilities, that is, services provided by local governments, through their bodies, organizations and services. The actions that implement these utilities are expertly technical actions and procedures, but what precedes the undertaking of these utilities is determined by the General Administrative Procedures Act (GAPA). Therefore, the provision of public utilities has its own expert and technical aspect, as well as administrative, which accompanies it before, during and after, in terms of utility services management. The optimization of administrative procedures has become an important goal of administrative reform in many countries and involves a number of measures. What is primary is determining administrative costs and burdens, which are a significant barrier to business as well as meeting citizens' daily needs. After enlisting of the administrative procedures, it is necessary to analyze and then optimize the administrative procedures related to communal services, in order to determine which procedures need to be simplified and which should be abolished. After the analysis has been carried out, the proposal will be prepared for the amendment, or simplification of administrative procedures, as well as the eventual abolition of those that are unnecessary. ; Published
The paper analyzes the regulation of the institute of the test procedure, especially institutes simplified procedure, as well as administrative actions to the decision in the Law on Administrative Procedure of the Republic of Srpska. Specially processed actions authorized officials in this part of the administrative procedure, which can take place to resolve the administrative matter.Thus, first, in the preamble emphasizes the importance that arranging direct solving has to conduct efficient and cost-effective administrative procedures. In the central part of the shortened institutes and special examination procedures are analyzed in detail, with particular attention paid compared institute immediate resolution of the Institute a summary procedure . In conclusion, the paper briefly discusses the work point out the basic problems and theses, and stresses the duty of officials and that when immediate resolution of protecting the rights of the parties.
The war in Kosovo and Metohia was the result of a decade long tensions between ethnic Serbs and Albanians. It was led from the air in order to avoid more potential victims in case of land invasion. The end of war was the result of mutual concessions: from NATO side and the Serbian one. The sovereignty of FRY was not put into question, but a great autonomy of Kosovo was predicted including the possibility of independence acquisition (secession). The Resolution 1244 was not abolished, but it was being derogated in order to prepare the fundament of Kosovo independence. Serbian military-security forces were withdrawn from the territory of Kosovo and Metohia. NATO intervention was not legal from the point of view of international law, but it subordinated sovereignty to human rights. Intervention was justified in cases of humanitarian need. Event though humanitarian need (catastrophe) is taken as the basis for the intervention, the example of such kind could not be found in the past. So, Kosovo cases were qualified as sui generis one. Thus, the war in Kosovo became an example to be followed in the future, and an unresolved situation may become the threat to the peace and security in the surrounding countries. Democratic countries give themselves the right to interfere and intervene into internal affairs of others differently from the autocratic ones, which was supposed to be neither correct nor consistent. Kosovo conflict and war rattled global power structure, especially with China and Russia as new challengers of the USA power. Both countries are trying hard to reach USA, but they are still in transition with unstable financial systems, migrations and unresolved system of social protection. Regarding Kosovo conflict and war, they engaged themselves rather indirectly than directly. As Security Council permanent members they were voting against the independence of Kosovo, but did not involve themselves into the war directly. Kosovo war showed how China is backward regarding war technique, and Russia regarding financial engagement. In addition, China expected membership in WTO, and Russia a great financial assistance. Russia engaged in negotiations via the Contact Group. With the arrival of Putin, Russia could not engage in Balkan more militarily but only commercially due to the fact most Balkan countries entered NATO or Partnership for Peace Programme. Internal cohesion of Russia with centralistic governance was reinforced, and ethnic tensions were calmed down. The perspective of Russia is United Nations and commerce through pipeline.
The modern state administration and its bodies and special organizations should act in the field of the rule of law. It is a term that originates from the Anglo-Saxon legal world, but it is also a category and a principle of the Constitution of Serbia from 2006. The paper points out the different understandings of the rule of law and briefly looks at the position of the administration or the phase in its historical course until its subsumption under the principle of legality. In Serbia, state administration bodies consist of ministries, administrative bodies within the ministry and special organizations. Administrative or special organizations are formed by the state in order to perform professional and related administrative tasks. In order to permanently and unhinderedly perform the professional work of these organizations, they can act authoritatively. Special organizations have numerous and diverse administrative powers. The paper points out both the similarities and differences of special organizations in relation to administrative bodies. A review of the activities and organizational structure of all special organizations (secretariats, institutes, directorates and one center) established by the Law on Ministries from 2020 was performed. It was also pointed out that all institutes: the Republic Institute of Statistics, the Republic Hydrometeorological Institute, the Republic Geodetic Institute and the Intellectual Property Institute are special organizations that provide services to interested parties. In one part of the final considerations, the author states that for special organizations (as part of the state administration) it could be concluded that they really operate in the field of rule of law as an order with positive properties as characterized by the Constitution, it is necessary to strictly respect the principles organization of state administration prescribed by the Law on State Administration: independence and legality; expertise, impartiality and political neutrality, effectiveness in exercising the rights of the parties, proportionality and respect for the parties; publicity of work. ; Published
By modernizing society, corruption is becoming the global problem and is considered to be the main cause of state dysfunction. Widespread in a large number of countries, embracing political and social life, corruption has become the everyday life of citizens convinced that without corruption there was no proper functioning of the society. Countries in transition, with an unstable political system, are the fundament for the development of corruption. The fight against corruption is long lasting and painful issue with an unknown outcome. The enjoyment of media attention, the commitment of the European Union and the United Nations, the establishment of anti-corruption organizations and agencies within states are mechanisms to combat this global problem. Anticorruption culture as a preventive mechanism prevents the existing and emergence of new forms of corruption. Effective preventive action requires careful and long-term planning to result in a better quality of life in the future.
NATO's political and - above all - military participation in secession-motivated conflicts in former Yugoslavia (1990-1995), will be remembered as a clear example of demonstration of power, intentions and (in)capability of the Victor in a decades-long global "cold war" between the "freedom-loving" West and "totalitarian East". Regardless of the expectations of liberal theoreticians and the majority of public opinion, it was soon revealed that the victory was no "triumph of freedom" and even less "the end of history". On the contrary, as historically typical, it was only an unstable resultant of relations between major actors in the modern global theater, who strive to legitimize their need for domination with varying success and vocabulary. Hence the lessons to be learned from the final act of destruction of Yugoslavia (several months of NATO bombing of Serbia in 1999) have the expected tone of banality: absolute might strives for absolute power (which remains unattainable in principle); "the mighty oppress" is true always and in any place (but with a time limit); and, finally, what everyone knows but does not (or is unable or refuses) to say aloud: the only true alternative to military threat and/or aggression of a single political actor is an equally valid (military) threat/aggression by another one. We are tempted to conclude that, despite the ideological ardor of NGO activists, the political correctness of theoreticians and the rhetorical figures of speech of politicians, the "banalities" remain valid as the only certainties, i.e., regularities in the unpredictable currents of relations between states.
The paper discusses the role of the European Parliament in the inter-institutional quest for power on the ground of the effectiveness of its control over the supra- national institutions and bodies with the intelligence function as well as in the protection of the right to privacy. The starting assumption is that, despite the Lisbon reform, the powers and jurisdiction of the European Parliament are still quite limited with a view to oversight of the EU policy implementation and the performance of the EU institutions, respectively. The author examines the following cases: the recently revealed practice of massive electronic surveillance of the EU citizens' communication, the unselective processing of personal data, and the semi-secretive set up of a supranational intelligence function out of the MEPs' reach. The analyzed cases show that the European Parliament's control powers are weak when it comes to the issues that demand a narrow technical expertise, but still can endanger civil rights. The author concludes that the protection of the right to privacy can indicate the real power of the Parliament in future dynamics of the supranational institutional framework.
The development of both conventional and written legal rules that were governing the roots of the administration, has run in parallel with the development of the country. The development of legal state was going parallel with the development of constitutional state. The legal state can not be imagined without pandering Administration under the law, but precisely because of it stems judicial control of management, which is necessary for the full realization of the principle of legality and the protection of rights and legal interests of citizens. Administrative action presents a means to protect the rights and interests of citizens, but on the other hand it is also an effective tool for ensuring the legality of administrative operations. Pandering administration under the law is linked to the French Revolution from 1789, in this respect, France is a country that is the first to introduce an administrative dispute. The development of an administrative dispute in France can be followed through the occurrence and development of the State Council, which was formed during Napoleon time in 1799. The legal institutionalization of the administration is not done in the same way everywhere, in that sense we distinguish two big legal systems, Anglo-Saxon and European-continental. In Anglo- Saxon law legal institutionalization of the administration included the procuring administration under the legal norms of general law, management control exercised by courts of general jurisdiction. In the European-continental law legal institutionalization of the administration departs from pandering Administration under the legal standards that belong to a specific branch of law administrative law. In the European- continental system there is a difference between private and public law, and an important part of the legal regime are special administrative courts. The development of an administrative dispute actually juridical control of administration in Serbia can be traced back to the second half of the 19th century. Although Serbia has created very early the State Council following the example of France, in a formal sense the administrative dispute in Serbia was fully introduced by the Constitution from 1869. At our place administrative activities are controlled by the courts, which are an integral part of the judiciary and acting under special rules, rules of administrative law. Depending on the positive law of certain countries, the subject of administrative dispute is defined broadly or narrowly. According to French positive law the subject of administrative dispute may be not only single authoritative legal acts of administration, but also the general acts of administration - implementing regulations issued by the administration, as well as administrative objections. According to French positive law the subject of administrative dispute is defined very broadly, unlike the German and Austrian positive law, where an administrative dispute can not be conducted against all acts of general administration. Regarding that in the comparative law we meet a number of different solutions, we believe that in our country we should choose the one that would be the best way to provide protection for the rights of citizens. We lead the administrative dispute in the first place about the legality of final administrative act against other individual legal acts because of the silence of administration, and it may be decided on the request for the return of items and damages. The results of scientific studies will confirm the importance of the need that the subject of the administrative procedure should be complied with the case of an administrative dispute. All acts adopted in the administrative procedure should have directly open the way so the control of legality can be accomplished in administrative proceedings in front of the competent administrative court. What is certainly a major challenge is a control of the legality of administrative contracts. Extended subject of administrative dispute will strengthen the position of the parties in the administrative procedure, in order to guarantee them the quality of court protection in front of the Administrative Court.
The value of a social order is worth as much as it is ruled by satisfaction, security and well-being among people. The purpose of civilized and democratic systems is to guarantee and ensure the rights and freedoms of man and citizen, primarily through organized institutions. In an organized state, each of the institutions has a clear specific function that is more or less aimed at making life easier for citizens. One of them, which will be the topic of this paper and which has recently been introduced into our legal system, is the Protector of Citizens or the Ombudsman. The idea for this institution was born in Sweden, and after a number of years, it spread around the world. The ombudsman is an independent state body that takes care of a person, his rights, and above all protects him from irresponsible and illegal behavior of administrative bodies. Its significance today is immeasurable for the individual and society, as well as for the state and its reputation on the international platform. In addition to protection, its function is also control, in terms of constitutionality and legality of acts and actions of administrative bodies.
Hladni rat je predstavljao rat ideologija bez presedana u istoriji. Nijedan drugi rat, ni pre ni posle ovog višedecenijskog hladnog sukoba između Sjedinjenih Američkih Država i Saveza Sovjetskih Socijalističkih Republika, nije bio rat koji se vodio u tolikoj meri u sferi meke moći kao Hladni rat. Odsustvo neposrednog oružanog sukoba između Sjedinjenih Američkih Država i Sovjetskog Saveza učinilo je da se Hladni rat odvija kao takmičenje u sferi ekonomije, tehnologije i nauke, kao trka u nuklearnom i konvencionalnom naoružanju i kao svemirsko nadmetanje. Pored takmičenja u sferi tvrde moći, Sjedinjene Američke Države i Sovjetski Savez vodili su intenzivnu bitku u oblasti meke moći. Ovo je bio sukob između američke liberalno-demokratske ideologije i sovjetske marksističke ideologije. Svaka od ove dve zemlje težila je tome da ubedi građane one druge zemlje da je njen društveni i ekonomski sistem idealan i da je bolji i pravedniji od sistema njenog glavnog suparnika. Uzrok propasti Sovjetskog Saveza i komunizma u istočnoj Evropi nikada sa sgurnošću neće moći da bude određen. Okolnosti koje su dovele do raspada Sovjetskog Saveza, pada Berlinskog zida 1989. godine i urušavanja komunizma u Evropi ne mogu se svesti na skup vojnih, političkih, ekonomskih i društvenih činilaca koji su, nezavisno jedni od drugih, doveli do tektonskih promena u međunarodnim odnosima. Svi ovi činioci zajedno, isprepletani u kompleksnu mrežu poluga, učinili su da se Sovjetski Savez uruši i da Sjedinjenim Američkim Državama prepusti ulogu pobednika u Hladnom ratu. Pritom, Amerika nije bila samo vojni i ekonomski pobednik. Amerika je iz Hladnog rata izašla kao moralni i ideološki pobednik. Hladni rat predstavlja temu izuzetno velikog broja radova, ali mali broj tih radova se bavi analizom američko-sovjetskog sukoba u sferi meke moći. Stoga je cilj ovog istraživanja i rada rasvetljavanje, objašnjene i tumačenje poluga meke moći koje su Sjedinjene Američke Države institucionalizovale, pokrenule i upotrebile u ideološkoj borbi protiv Sovjetskog Saveza u vreme Hladnog rata. Međutim, Sjedinjene Američke Države nisu od svog nastanka u drugoj polovini 18. veka do Hladnog rata osmišljeno primenjivale svoju meku moć. Do Hladnog rata upotreba poluga meke moći bila praksa kojom su se Sjedinjene Američke Države bavile isključivo u vreme učešća u oružanim sukobima. Tek sa Hladnim ratom u Americi se javlja potreba za namenskom i osmišljenom upotrebom poluga meke moći. Odmah nakon Drugog svetskog rata Sovjetski Savez je počeo da vrši uticaj na druge zemlje šireći marksističku ideologiju i komunističke ideje. Osim širenja marksističke ideologije Sovjetski Savez je vodio i dobro osmišljenu kampanju protiv Sjedinjenih Američkih Država i američkog načina života. Američka administracija je kao odgovor na sovjetsku spoljnu politiku u periodu od 1946. do 1950. godine stvorila politiku obuzdavanja Sovjetskog Saveza i sovjetskog uticaja u svetu svim sredstvima. Ovo je podrazumevalo kako upotrebu poluga tvrde moći tako i primenu poluga meke moći. U to vreme u američkom društvu postojao je konsenzus o upotrebi političkih, vojnih i ekonomskih oruđa u borbi protiv Sovjetskog Saveza, ali je upotreba poluga meke moći bila predmet duge javne rasprave. Jedna od izuzetno važnih poluga meke moći su državni programi informisanja, odnosno ono što se u Sjedinjenim Američkim Državama smatra propagandom, a propaganda se od nastanka Sjedinjenih Američkih Država do danas smatra nečasnom delatnošću autokratskih režima. Sjedinjene Američke Države su u periodu neposredno nakon Drugog svetskog rata sprovele zakonske, institucionalne i strukturalne promene koje su omogućile trajno ustanovljavanje poluga meke moći zarad širenja američkih vrednosti, ideja i kulture i zarad ideološke borbe protiv Sovjetskog Saveza i sovjetske marksističke ideologije. Zakoni doneti u to vreme su na snazi i danas i pružaju okvir za mnogobrojne programe i aktivnosti na polju primene poluga meke moći po celom svetu. ; The Cold War was a war without precedent in the history. No war before this prolonged cold conflict between the United States and the Soviet Union was waged that much in the realm of soft power as the Cold War. In the absence of an immediate armed conflict between the United States and the Soviet Union, the Cold War was conducted as a competition in the areas of economy, technology and science, nuclear and conventional weapons, as well as the space race. Besides the competition in the realm of hard power, the United States and the Soviet Union pursued an intensive battle in the realm of soft power. This was a conflict between the American ideology of a liberal democracy and the Soviet Marxist ideology. Each of the two attempted to persuade the citizens of the other country that its social and economic practice was an ideal one, better and more just than the other one. The source of the collapse of the Soviet Union and communism in Eastern Europe will never be fully determined. The circumstances that brought about the break-up of the Soviet Union, the fall of the Berlin Wall in 1989, and the fall down of communism in Europe cannot be summarized as an aggregation of military, political, economic and social factors that independently from each other led to the colossal changes in the world order. All of these factors, entangled together in a complex net, caused the implosion of the Soviet Union which left the United States as the winner in the Cold War. Yet, the United States was not only a military and economic victor, it resurfaced as a moral and ideological champion, as well. The Cold Was has been a theme of numerous papers but only a handful of these papers tackled the American-Soviet conflict in the realm of soft power. Thus, the objective of this research and dissertation is to shed the light, explain and construe the instruments of soft power that the United States institutionalized, put into motion and deployed in the ideological battle against Soviet Union in the Cold War. However, since its birth in the 18th century until the Cold War, the United States had not wielded its soft power strategically. Up to the Cold War, the soft power instruments were used exclusively during the times when the United States was involved in an armed conflict. Only in the Cold War, the need for intentional and thoughtful use of soft power instruments emerged. Soon after the end of the Second World War, the Soviet Union got set off to exert its influence by diffusing its Marxist ideology and communist values. In addition to spreading its ideology, the Soviet Union led a well-planned campaign against the United States and the American way of life. From 1946 to 1950, in response to the Soviet policy towards the United States, the American administration coined the policy of containment of the Soviet Union and the Soviet influence in the world. The policy of containment included both the use of the instruments of hard power and of soft power. At that time, there was a consensus in the American society on the use of political, military and economic means in fighting the Soviet Union, while the use of soft power instruments was a subject of a prolonged public discourse. Government information programs, perceived as propaganda in the United States, have always been a very important soft power instrument, and propaganda has been considered by Americans to be a dishonest activity of autocratic governments. In the period right after the Second World War, the United States implemented legislative, institutional and structural changes that allowed for permanent establishment of the soft power instruments. These foreign policy instruments made it possible for the United States government to diffuse American values, ideas and culture and to wage an ideological war against the Soviet Union and its Marxist principles. The acts adopted at that time are in place nowadays, and provide a legal framework for numerous programs and activities in the realm of soft power.
This dissertation treats the competence of Constitutional courts in settling the disputes of jurisdictional conflicts, both in theoretical and historical as well as practical, sense. It is common knowledge that the Constitutional court is the most efficient mechanism for protecting the constitutionally determined separation of power. The role of the Constitutional Court is especially significant with regard to the fact that the separation of power does not exclude the possibility of interweaving jurisdiction of different levels of state power. By settling disputes of jurisdictional conflicts, the Constitutional Court gains competence for the determination of clear boundaries of state power organs in terms of their constitutional authorisation. Given the fact that the jurisdictional conflict is mainly motivated by political agenda, the Constitutional Court must settle an originally political dispute by implementing the constitutional norms. The jurisdictional conflicts are a common competence of Constitutional courts. They are a direct representation of the government, or the constitutionally determined separation of power. A distinction between horizontal and vertical disputes can consequently be made. Various factors cause these disputes, including the following: state power, government, political parties system, level of democratic development, the level of precision of constitutional norms determining the boundaries of state power, etc. The constitutional disputes of jurisdictional conflicts should, however, be thought of in a broader sense as well. The Constitution commonly views these disputes as a separate jurisdiction of Constitutional courts. If the disputes of jurisdictional conflicts are regarded as a factual violation of constitutionally proclaimed separation of power, then the other constitutional disputes can be seen as an infringement of the power separation principle as well. In that way the Constitutional court indirectly settles a competence dispute while simultaneously carrying out normative control, its basic duty. Assuming that the separation of power is based on the idea of preventing the abuse of state power by guaranteeing the fundamental rights and freedoms, one can say that, while deciding on the protection of rights and freedoms proclaimed by the Constitution, the Constitutional court indirectly protects the power separation principle. The matter of jurisdictional conflicts can decided upon by the court when the court is asked to give an interpretation of the constitutional provisions. If the fact that this jurisdiction is a necessary consequence of federal division of the state is exempted, one can say that in the countries without federal division the settling of competence disputes, also represents a separate jurisdiction of Constitutional courts. The guiding principle for all the countries was the fact that the abuse of power or the realisation of its separation (or balance) can only be reached through the operating system of an independent and unbiased institution, as the Constitutional court itself is. An analysis of various countries' Constitutions and the practice of Constitutional courts in settling competence disputes has shown that Constitutional courts have made a significant contribution to the realisation of power separation, especially in the transitional processes of non-democratic regimes to democratic ones. Naturally the real effects of the constitutional jurisprudence depend on the political climate-the relationship between the political institutions and the one these have with the Constitutional court, as well as their willingness to abide by its decisions-and this is a fact one should not neglect.
