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Federal Constitutional Court

Section VII Federal Constitutional Court

Article 124
  1. The Federal Constitutional Court shall rule on:
    1. the conformity of the constitutions of member republics with the Constitution of the Federal Republic of Yugoslavia;
    2. conformity of statutes, other laws and general enactment's with the Constitution of the Federal Republic of Yugoslavia and with ratified and promulgated international treaties;
    3. conformity of statutes and other laws and general enactment's of the member republics with federal law;
    4. conformity of other regulations and general enactment's of federal agencies with federal law;
    5. conformity of general enactment's of political parties and associations of citizens with the present Constitution and federal law;
    6. complaints about a ruling or action violating the rights and freedoms of man and the citizen enshrined in the present Constitution;
    7. a conflict of jurisdiction between federal and republican authorities as well as between the authorities of member republics;
    8. prohibition of activities of political parties and other associations of citizens;
    9. violation of rights in the course of the election of federal officials.
  2. The Federal Constitutional Court may decide on the constitutionality and legality of acts which are no longer in force, provided the time between the cessation of their validity and initiation of proceedings does not exceed one year.
Article 125
  1. The Federal Constitutional Court shall be composed of seven justices.
  2. A justice of the Federal Constitutional Court shall be appointed for a nine-year term.
  3. The president of the Federal Constitutional Court shall be elected by the justices form among their own ranks, by secret ballot, for a term of three years.
  4. A justice of the Federal Constitutional Court may not hold any other public office or engage in any professional activity.
  5. A justice of the Federal Constitutional Court shall enjoy the same immunity as a federal deputy.
  6. The immunity of a Federal Constitutional Court justice shall be decided on by the Federal Constitutional Court.
Article 126
  1. The functions of a justice of the Federal Constitutional Court may cease before the end of the term for which he was appointed if he requests to step down, if he fulfills the requirements for retirement as laid down by federal law, or if he receives a prison sentence.
  2. A justice of the Federal Constitutional Court shall be dismissed if is found quietly of a penal offense which renders him unfit to perform his duties of if he is permanently incapacitated for the performance of the duties of justice of the Federal Constitutional Court.
  3. The Federal Constitutional Court shall inform the Federal Assembly and the President of the Republic of the causes for the termination of office or dismissal of a justice form the Federal Constitutional Court.
  4. The Federal Constitutional Court may decide that a justice of the Court against whom there are criminal proceedings should not carry out his duties for the duration of the proceedings.
Article 127
  1. Anyone may sponsor an initiative for proceedings to establish constitutionality and legality.
  2. Proceedings before the Federal Constitutional Court may be initiated by government authorities or artificial persons if they believe that a right or interest has been violated by an act whose constitutionality and legality are in question.
  3. The Federal Constitutional Court may itself initiate proceedings to assess constitutionality and legality.
Article 128
The Federal Constitutional Court shall decide on a complaint when other legal remedies are not available.

Article 129
  1. The Federal Constitutional Court shall adopt decision by a majority of votes of the justices.
  2. A ruling by the Federal Constitutional Court shall be universally binding and effective.
  3. In the case of need, execution of a ruling by the Federal Constitutional Court shall be carried out by the federal government.
Article 130
  1. When the Federal Constitutional Court determines that there is a discrepancy between given provisions of the constitution of a member republic and the Constitution of the Federal Republic of Yugoslavia, the said provisions of the constitution of the member republic shall cease to be valid at the end of six months from the day the discrepancy was found, if the discrepancy has not been rectified within this time.
  2. When the Federal Constitutional Court determines that there is a conflict between given provisions of statutes, other laws or general enactments and the Constitution of the Federal Republic of Yugoslavia or federal law, the said provisions of the statutes, laws or general enactments shall cease to be in effect from the day of publication of the ruling of the Federal Constitutional Court.
Article 131
The organization, procedures and legal effect of rulings of the Federal Constitutional Court shall be regulated by federal statute.

Article 132
In the course of proceedings up until a final decision is handed down, the Federal Constitutional Court may halt the execution of a given act or measure taken on the strength of the law, and other regulation or general enactment if irreparable harm is liable to occur if it were to be carried into effect.
 
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