Interpretation of Statutes at Serbia
Interpretation of Statutes in Serbia – Overview
Serbia follows a civil law legal system influenced by continental European traditions, particularly the Austro-Hungarian and Roman-Germanic legal heritage. Statutory interpretation is governed by the Constitution of Serbia, codified laws such as the Civil Code, and judicial practice, with an emphasis on applying the text in harmony with the legal system and legislative intent.
Legal Framework for Interpretation
Constitution of Serbia (2006)
The supreme legal authority.
All laws and statutes must comply with the Constitution.
Fundamental rights and principles shape statutory interpretation.
Law on the General Administrative Procedure (LGAP) and Civil Code
These contain specific provisions and guidelines on interpreting laws and administrative acts.
Law on Normative Acts
Governs the adoption and interpretation of normative legal acts in Serbia.
Judicial Practice
Although Serbia follows civil law, court rulings, especially by the Supreme Court of Cassation, provide authoritative guidance on interpretation.
Principles of Statutory Interpretation
1. Literal (Textual) Interpretation
The starting point is the ordinary and grammatical meaning of the words.
Clear and unambiguous language is applied directly.
2. Systematic Interpretation
Laws are interpreted in the context of the legal system as a whole.
Consideration is given to related statutes and legal norms.
3. Teleological (Purpose-Oriented) Interpretation
Courts consider the purpose, goals, and social context behind the legislation.
This approach is used when the language is ambiguous or incomplete.
4. Historical Interpretation
Reference may be made to preparatory works, legislative history, and explanatory notes.
5. Constitutional Interpretation
Statutes must be interpreted consistently with the Constitution.
If a conflict arises, constitutional provisions prevail.
Role of Courts and Precedents
Serbia’s legal system does not follow strict stare decisis, but judicial decisions, particularly from the Supreme Court of Cassation, carry persuasive authority.
Courts strive for uniformity and predictability in statutory interpretation.
Use of Interpretation Aids
Titles, headings, and definitions within statutes
Legislative history and explanatory documents
Legal doctrine and scholarly works
Summary
Statutory interpretation in Serbia is:
Rooted in civil law tradition
Based on literal, systematic, purposive, historical, and constitutional methods
Governed by the Constitution of Serbia and relevant laws on normative acts
Guided by judicial practice, especially Supreme Court rulings
Supported by legislative history and legal scholarship
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