Радно и социјално право

Радован Безбрадица, Ступање на снагу и почетак примене закона и других прописа, Радно и социјално право, стр. 243-262, ХУ1 (1/2012)

Radovan Bezbradica Secretary General Constitutional Court of the Republic of Serbia

COMING INTO FORCE AND BEGINNING OF IMPLEMENTATION OF LAWS AND OTHER REGULATIONS - On constitutional and legal grounds of normative separation of the beginning of the implementation of regulations since their coming into force -

Summary

Regulations come into force after the specified period of time since the day of their publication in the Official Gazette, i.e. in other appropriate manner, elapsed. Coming into force of a regulation means the beginning of its validity hence coming into force implies the beginning of its implementation. However, there has been a wide-spread phenomenon in the current Serbian legislation that regulations besides stipulating the date of coming into force, also separately stipulate another date for the beginning of their implementation. Thereby, these regulations contain provisions separating the time of coming into force from the time of the beginning of the implementation of a regulation. Also, there are many other regulations which expressly provide only the date of coming into force without stipulating postponement of the beginning of the implementation; however, they provide for the obligation to pass other regulations necessary for their implementation, whereby the date for passing such later regulations exceeds the commencement date of the initial regulation. So, although indirectly, the beginning of the implementation is yet again separated from the date of coming into force of the regulation. Since that terms “beginning of the validity of a regulation” and “beginning of the implementation of a regulation” are synonyms and that the date of coming into force implies the begging of the implementation of a regulation, the author believes that the quoted legislation is not grounded in the Constitution.

Keywords: Constitution, constitutionality, validity of regulations, publication of regulations, coming into force of regulations, vacatio legis (absence of law), beginning of implementation of regulation, regulations necessary for implementation of other regulations.

262