Constitutional Review Prof. Lidija Basta Fleiner Prof. Thomas Fleiner Belgrade Law Faculty Master Course on Comparative Constitutional Review Prof. Lidija Basta Fleiner Prof. Thomas Fleiner November 23 to December 12 2009 Thomas Fleiner: Class No. 12 Different Systems of Constitutional Review

Different Systems of Constitutional Review Integrated System with Traditional Courts e.g. USA Specialized Court for Constitutional Review Germany, EU. Preliminary Review by A Tribounal e.G. France

Independence of the Judiciary Election of Nomination of Judges Tenure? Dismissal / Re-election of Judges Access to Justice Power of Court Judicial culture Education of Personal Lawyer

Brown v. Board of Education Bonham’s Case Marbury v. Madison Brown v. Board of Education

Basic Concepts of Constitutional Review In the United States Development by the Supreme Court Integrated System Concrete Cases Standing Remedies Relationship to Legislation

German System Special Constitutional Court Abstract Review Advises to the Legislature Standing Remedies

European Court of Justice Validity of legislation Validity of interpretation of Institutions 267 Actions of States and Organs Preliminary Ruling

French Constitutional Council From the Council of State to The Constitutional Council

European Court of Justice Interpretation of treaties Access to the court: European Institutions Member States Preliminary review of Cases