Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Autonomous provinces shall see to exercising human and minority rights, in accordance withthe Law.Autonomous provinces shall establish their symbols, as well as the manner in which they shallbe put to use.Autonomous provinces shall manage the provincial assets in the manner stipulated by theLaw.Autonomous provinces shall, in accordance with the Constitution and the Law, have directrevenues, provide the resources for local self-government units for performing the delegated affairsand adopt their budget and annual balance sheet.Financial Autonomy of AutonomousProvincesArticle 184An autonomous province shall have direct revenues for financing its competences.A kind and amount of direct revenues shall be stipulated by the Law.The Law shall specify the share of autonomous provinces in the part of revenue of the Republicof Serbia.The budget of the Autonomous Province of Vojvodina shall amount to at least 7% in relationto the budget of the Republic of Serbia, bearing in mind that three- sevenths of the budget ofthe Autonomous Province of Vojvodina shall be used for financing the capital expenditures.Legal Acts of Autonomous ProvinceArticle 185The Statute shall be the supreme legal act of the autonomous province.The Statute of the Autonomous Province of Vojvodina shall be adopted by its Assembly,subject to prior approval of the National Assembly.The autonomous province shall enact other decisions and general acts pertaining to matterswithin its competences.46
Implementation of Transitional Laws in Serbia 2006Monitoring the Work of Bodies ofAutonomous ProvinceArticle 186The Government may institute, before the Constitutional Court, the proceedings of assessingthe constitutionality and legality of a decision adopted by the autonomous province, prior to itscoming into force. In that sense, prior to passing its decision, the Constitutional Court may defercoming into force of the challenged decision of the autonomous province.Protection of the Provincial AutonomyArticle 187A body designated by the Statute of the autonomous province shall have a right to lodge anappeal with the Constitutional Court, if an individual legal act or action of a state body or bodyof local self-government unit obstructs performing the competences of the autonomous province.A body designated by the Statute of the autonomous province may institute the proceedingsof assessing the constitutionality or legality of the law and other legal act of the Republic ofSerbia or the legal act of the local self-government unit which violates the right to the provincialautonomy.In the new Constitution of Serbia, none of the requests made by politiciansand representatives of non-governmental organizations from Vojvodina, toonce again grant autonomy to this province, which had been taken away bythe Milosevic government, were carried out 141 .Contrary to that, according to the Constitution, Vojvodina has practicallybeen made equal to the units of local self-management, so the first sectionin the seventh part of the Constitution is called „Provincial autonomy andlocal self-management“. Vojvodina, according to the Constitution, doesnot have either legislative, executive or judicial authority. Although theConstitution stipulates that Serbia has two autonomous provinces, in whichone of them, Kosovo and Metohija, is granted essential autonomy 142 . It isnot stated precisely anywhere in the Constitution what essential autonomyreally means. The only thing which is evident is that Vojvodina does not141 More on the demands for autonomy of Vojvodina on the websites: www.lsv.org.yu; www.vp.org.yu; www.helsinki.org.yu; www.wmsz.org.yu; www.vojvodina.org.yu; www.vojvodina.com142 Article 182, Paragraph 3 of the Constitution of Serbia, see above under 747
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Implementation of Transitional Laws in Serbia 2006

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