Social Courts in Theory and Practice: Yugoslav Workers' Courts in Comparative Perspective

By Robert M. Hayden | Go to book overview

Chapter 5
The Courts of Associated Labor, 1974 to 1984: Formal Structure

The legal status and structure of the CALs is complicated by the decentralized federalism of the present Yugoslav state. The CALs are mentioned specifically in the federal constitution, the republican provincial constitutions, federal statutes, and republican and provincial statutes. We will first sort out these multiple layers of reference in general terms, and then look at the specifics of the provisions governing such important questions as the jurisdiction, composition, and procedures of the CALs. To give the discussion of these points some specificity, we will concentrate on the CALs in Serbia, as the case study was conducted in that republic. The chapter will conclude with a discussion of the work loads that have developed in the CALs, and particularly in Serbia.


Constitutional and Statutory Provisions

Constitutional Provisions

The CALs are the only courts other than the Federal Court to which an entire article of the constitution is devoted (Article 226). This article gives their basic jurisdictional charge: to decide on whether the conditions exist for the creation of BOALs and other work organizations, and to handle disputes concerning the formation, division, or fusion of such organizations; to protect self-management rights and social property; to decide on the conclusion and implementation of self- management agreements; and to decide on "other kinds of disputes arising out of socio-economic and other self-management relations, as specified by statute." Very similar language is used in the constitutions

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