USTAVNE INSTITUCIJE – ORGANI VLASTI ILI JAVNE SLUŽBE

Abstract

Constitutional institutions are bodies established by the constitution as the highest legal and political act, which determined their legal position and character. Their goal is to ensure respect and enforcement of the constitution, the functioning of the rule of law, the balance of power and the fundamental rights of citizens. Constitutional institutions can be state or non-state. Those that have the positions of state bodies are the holders of state power, but in a functional sense they are public services. But there are differences between them too. There are state bodies as constitutional institutions that have the position of independent state bodies, as well as those that are also independent and democratic bodies. This legal position further indicates their legal nature of public service, not only in functional but also organizational terms. However, there are no absolutely independent and independent organs in the state. All of them suffer influence smaller or larger than other organs: control, financial, organizationof their founders, etc. It is important that this infatuation is legally regulated and moves within these frameworks. The constitutional institutions that traditionally and nominally follow the term "power" are both government and services. Constitutional institutions still follow the old terminology of two centuries ago about the separation of powers. However, the division of powers is only the division of state functions, which are essentially public functions and are in the service of the public interest aimed at society, citizens and the economy. This indicates their public legal nature, i.e. the essential exercise of public office and the public interest. Finally, if a certain constitutional institution is nominally defined as a power in the institutional and organizational sense, it must not be diverted from the analysis of the factual work of such institutions and the purpose of that work of the officials, judges, and personnel composition of persons working in institutions state and non-state. The problem is that our thinking pattern is determined by the outdated generally accepted terminology, to which reality no longer corresponds. Therefore, the basis for the view that constitutional institutions are in the personal and functional sense of public service, whose members (officials, judges, ministers and overall personal substratum) are holders of public offices and public duties and responsibilities and not of government and empire of power, we find in an altered reality. On the other hand, the psychology of bureaucratic habit and the ideology of power still stubbornly holds it in the organs of the state, so these conceptual ideas are necessary as an attempt to heal alienated individuals centers of state and political power.