Constitutional and Administrative Law: Hierarchy of Norms and Administrative Acts
Constitutional foundations
The Serbian Constitution (2006) establishes the rule of law, separation of powers, and the supremacy of the Constitution. Candidates must know the hierarchy: Constitution, ratified international treaties, statutes (zakoni), subordinate legislation (podzakonski akti). A treaty conflicting with the Constitution is unconstitutional; a statute conflicting with a ratified treaty is invalid. Know the competences of the Constitutional Court, including abstract and concrete review and the ustavna zalba (constitutional complaint) after exhaustion of remedies.
Administrative law
Administrative law questions centre on the Law on General Administrative Procedure (ZUP) and the Law on Administrative Disputes. Understand the administrative act (resenje), its elements, and the grounds for annulment: lack of competence, procedural violation, error of fact, error of law, and abuse of discretion. Know the difference between nistavost (nullity) and ponistaj (annulment) - nullity acts have no legal effect ab initio.
Traps
Frequent traps: (1) confusing the deadline for the constitutional complaint (30 days) with the administrative dispute deadline; (2) treating a concluded administrative contract as an administrative act; (3) misidentifying whether silence of the administration (cutanje uprave) counts as a decision. Also watch the distinction between upravni akt and materijalni akt - only the former is subject to administrative dispute.
Worked example
A citizen's request is ignored for 60 days. Under ZUP, silence may be treated as a rejection, opening the path to an appeal and then an administrative dispute. The candidate must identify the correct procedural step, not jump straight to the Constitutional Court.
Rule of thumb
Always locate the act in the hierarchy first, then identify the correct review mechanism: constitutional review for norms, administrative dispute for individual acts, and the constitutional complaint only after all other remedies.