CONSTITUTIONAL REVIEW OF INTERNATIONAL AGREEMENTS FROM COMPARATIVE PERSPECTIVE

Abstract

After the Constitutional Court of Serbia dismissed the motion for assessment of constitutionality of the so-called Brussels Agreement in  December a year ago, it has been actualized the issue of the constitutional review of international agreements. The aim of the  paper is to analyze the constitutional review of international agreements from the perspective of the following states: Austria, Germany, France, Spain. Our starting point is the international treaty may be subject, as well as basis of constitutional review, which depends on its status in the national legal system. Further, we notice that constitutional review of international treaties has some features that distinguishes it from the review of law or other legal act; in particular, as regards  the effects of the Constitutional Court’s decisions. Our intention is to analyze the rulings in our system through the comparative perspective of mentioned countries.