Implementation of Transitional Laws in Serbia 2006

More documents

Recommendations

Info

Implementation of Transitional Laws in Serbia 2006In the Constitution of 1990 Serbia was defined as the state of „all citizenswho live in it“ 25International RelationsArticle 16The foreign policy of the Republic of Serbia shall be based on generally accepted principlesand rules of international law.Generally accepted rules of international law and ratified international treaties shallbe an integral part of the legal system in the Republic of Serbia and applied directly.Ratified international treaties must be in accordance with the Constitution.As in the case of the Constitutional Charter of the State Union of SCG 26 ,international relations are regulated in Article 16. However, unlike theConstitutional Charter, which stated that „Ratified international contractsand generally accepted rules of International law have precedence overthe laws of Serbia and Montenegro and the legislature of its constituentstates“ 27 , a sentence is added here that fundamentally changes the relationsof Serbia towards International law. Namely, in the final paragraph of thisarticle there is a regulation that the confirmed international contracts haveto be in accordance with the Constitution.The question arises, what happens when an international contract is differentfrom the Constitution. The Constitution does not envisage that possibility.It is clear that the Constitutional Court of Serbia cannot find articles of aninternational contract unconstitutional. On the other hand, it difficult toimagine that parties to a contract will change their document because it isdifferent from the Constitution of Serbia. The only remaining solution isfor Serbia to make all the documents contrary to its Constitution invalid. Itis not necessary to explain in detail where that would lead. In any case, thisstipulation constitutes a legal nonsense and it is impossible to implementit.php?id=122&start=75&nav_id=215343, visited on November 23 rd , 200625 The Constitution of the Republic of Serbia from 1990, adopted and entered into force on March 28 th , 1990,Official Gazette of RS number 1/90, Article 126 The Constitutional Charter of the State Union of Serbia and Montenegro, adopted and entered into force onFebruary 4 th , 2003, Official Gazette of SCG number 1/0327 Ibid, Article 1612
Implementation of Transitional Laws in Serbia 2006Considering the significant reduction of the degree of human rights inthe new Constitution, this erases one of the guarantees, which used to beavailable to the citizens. It is worth noting some of the most importantinternational documents, which are not in accordance with the Constitutionof Serbia, and therefore, it would seem, are not valid in Serbia:1. The International Covenant on Civil and Political Rights 28 stipulatesthe protection of the right to private and domestic life in Article 17.In the Constitution of Serbia, this right is not guaranteed.2. The European Convention for Human Rights 29 also guaranteesthe right to privacy in Article 8. The prohibition of religiousorganizations in the Constitution is much wider than the limitationsplaced on the freedom of association or the freedom of practicingreligion in the European Convention 30 .3. Protocol 4, following the European Convention in Article 1, predictsprohibition of debtor’s prisons. The Constitution of Serbia hasthrown out this prohibition from the catalogue of human rights 31 .4. Resolution 337 of the Council of Europe with Recommendation476 (1967) and 816 (1977) of the Parliamentary Assembly of theCouncil of Europe, as well as Recommendation R (87) 8 32 regulatethe right to Conscientious Objection. The Constitution of Serbiahas reduced this right to serving in the army without weapons,which betrays the very essence of Conscientious Objection.5. The European Charter on the Law for the Judges of the Councilof Europe 33 , as well as Recommendation number R (94) 12 ofthe Committee of Ministers of the Council of Europe 34 predictthe election of judges by an independent body in which at leasthalf the members are judges, as well as the permanency of judicialfunctions. According to the new Constitution, judges are electedfor the period of three years by the National Assembly (i.e. theparliamentary majority). Only after this does the jurisdiction moveto the hands of an independent body.28 International Covenant on Civil and Political Rights, adopted by the Resolution 2200A (XXI) of the GeneralAssembly on December 16 th , 1966, entered into force on March 23 rd , 197629 The European Convention on the Protection of Human Rights and Basic Freedoms, adopted on November4 th , 1950, entered into force on September 3 rd , 195330 See this reports analysis on religious freedoms31 Protocol 4 with the European Convention, Official Gazette of SCG (International Contracts) 9/0332 All the documents can be found translated in the book: Lawyers’ Committee for Human Rights, Objection ofConsciousness, Belgrade, 200033 European Charter on the Law for Judges of the Council of Europe from July 199834 Recommendation number R (94) 12 by the Committee of Ministers of the Council of Europe for the MemberStates on independence, efficiency and the roles of courts13
Page 2 and 3: Implementation of Transitional Laws
Page 8: Implementation of Transitional Laws
Page 62 and 63:
Implementation of Transitional Laws
Page 64 and 65:
Page 66 and 67:
Page 68 and 69:
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
138Implementation of Transitional L
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
Page 174 and 175:
Page 176 and 177:
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196 and 197:
Page 198 and 199:
Page 200 and 201:
Page 202 and 203:
Page 204 and 205:
Page 206 and 207:
Page 208 and 209:
Page 210 and 211:
Page 212 and 213:
Page 214 and 215:
Page 216 and 217:
show all

Implementation of Transitional Laws in Serbia 2006

Create successful ePaper yourself

Delete template?

Save as template?