Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 20066. The Framework Convention for the Protection of NationalMinorities of the Council of Europe 35 regulates in Article 15 theright of the minorities to be represented in the organs of publicgovernment. The Constitution of Serbia has reduced the achievedlevel of minority rights regulated by the Charter on Humanand Minority Rights 36 , leaving out the right of minorities to berepresented in the Representational bodies of the republic, theprovinces and local self-government, and the right to appropriaterepresentation in public services, organs of state authorities andlocal self-government.7. The OSCE Document from Copenhagen 37 regulates that a termbelongs to the representative and considers it one of the preconditionsfor the development of democracy and the parliamentarysystem. The regulations of the document are made valid by explicitreference to it in the European Security Charter from 1999 (theIstanbul Document) 38 . The Constitution of Serbia regulates thatthe terms of the representatives belong to political parties, on thebasis of blank resignations signed in advance.Thanks to the new Constitution, Serbia is facing the danger of isolation fromthe Council of Europe and the Organization for Security and Cooperationin Europe. Additionally, it is clear that for entering the European Unionwould not be possible with such constitutional regulations, because of thepossibility of transferring parts of Serbian sovereignty to a supranationalbody is not predicted anywhere in the Constitution. It is unclear why partieswhich are, at least according to their words, unanimously in favor of Serbiaentering into the European Union, have not in a single instance remembermade this goal possible in the new Constitution.35 Framework Convention for the Protection of National Minorities of the Council of Europe, ratified andentered into force on September 1 st , 2001, Official Gazette of SRY (International Contracts) 6/9836 Charter on Human and Minority Rights and Fundamental Freedoms, adopted and entered into force on February28 th , 2003,Official Gazette of SCG number 6/0337 The Document from Copenhagen is available at the website:http://www.osce.org/documents/odihr/1990/06/1902_en.pdf, visited on November 23 rd , 200638 The complete Charter can be obtained at the website: http://www.osce.org/documents/mcs/1999/11/17497_en.pdf, visited on November 23 rd , 200614
Implementation of Transitional Laws in Serbia 20062. Human and Minority Rights and FreedomsRestriction of Human and Minority RightsArticle 20Human and minority rights guaranteed by the Constitution may be restricted by thelaw if the Constitution permits such restriction and for the purpose allowed by theConstitution, to the extent necessary to meet the constitutional purpose of restriction in ademocratic society and without encroaching upon the substance of the relevant guaranteedright.Attained level of human and minority rights may not be lowered.When restricting human and minority rights, all state bodies, particularly the courts,shall be obliged to consider the substance of the restricted right, pertinence of restriction,nature and extent of restriction, relation of restriction and its purpose and possibility toachieve the purpose of the restriction with less restrictive means.Concerning restrictions on human and minority rights, legislation is reducedin comparison to the regulations of the Charter on Human and MinorityRights and Fundamental Freedoms of the State Union of Serbia andMontenegro 39 (in further text the Small Charter) can be seen. Above all, theregulation from Article 8 is missing, which used to forbid:No restriction shall be permitted of human and minority rights guaranteed by universallyaccepted rules of international laws, international treated valid in the state union and byvalid laws and other regulations, under the pretext that they are not guaranteed by thischarter or are guaranteed to a lesser extent. 40This regulation disabled restrictive interpretations of the human andminority rights guaranteed by the Constitution, i.e. it did not allow for thescope of rights achieved on the international level to be reduced. Thatsuch a situation is not unthinkable, can, however, be seen in the exampleof the human rights which have not been entered into the Constitution,such as the right to a private life, regulated by Article 8 of the EuropeanConvention 41 . Through restrictive interpretations of the Constitution, thecitizens could be left without the right to privacy and a private life.39 The Charter on Human and Minority Rights, see above under 3640 Ibid, Article 841 The European Convention for the Protection of Human Rights, see above under 2915
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Implementation of Transitional Laws in Serbia 2006

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