Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006have this type of autonomy. This raises the question of the basis on whichthe two provinces differ, and what the criteria are on the basis of which oneprovince does, and the other does not have essential autonomy.Issues which are of provincial significance are regulated by the law (whichthe Parliament of Serbia brings) 143 , while in the Article 183 it is stated thatthose issues can be in the field of:1. urban planning and development,2. agriculture, waterpower, forestry, hunting, fishery, tourism, catering, spas andsanatoriums, protection of environment, industry and craftsmanship, road, riverand railway traffic and road reconstruction, organizing fairs and other economicmanifestations,3. education, sports, culture, health and social protection and public informing on theprovincial level 144 .Autonomous provinces regulate issues in these areas in accordance withthe law (which is passed by the Parliament of Serbia, because the ProvincialParliaments are not allowed to pass laws) 145 . While autonomous provinceshave authentic incomes and are allowed to administer their revenues, theymust be in ways that fully comply with the stipulations in the law. Thispractically means that Vojvodina will possess its revenues and property(which will be determined by the Parliament of Serbia through laws), but theParliament of Serbia will legally regulate how Vojvodina should administerits property. Such a formulation of provincial autonomy looks more like afostering relation of the Republic towards the Province, than like autonomyof a modern European region.The highest legal act of the Province, the Statute, is also passed with theprevious consent of the Republic Assembly 146 . This practically means thatby denying consent, the Parliament of Serbia can obstruct the process ofadopting the Statute. There are no regulations in the Constitution whichwould prevent such behavior of the Republic Parliament.The Government of Serbia is allowed to challenge the constitutionality of143 Ibid, Article 177, Paragraph 2144 Ibid, Article 183, Paragraph 2145 Ibid146 Ibid, Article 18548
Implementation of Transitional Laws in Serbia 2006provincial decisions before the Constitutional Court. 147 In addition to this,the Constitutional Court is allowed to determine efficiency of the decisionuntil they have reached their own decision 148 . The Constitutional Courtdoes not have this right when it comes to the preceding decision of theconstitutionality of republic laws 149 .Besides the warranties on the property and authentic incomes (on which theParliament of Serbia decides), the Constitution anticipates that the budgetof Vojvodina must be at least 7 per cent of the budget of Serbia 150 . Puttinga percentage into the Constitution represents a legal precedent, and it haspreviously not been recorded either in the domestic, nor the comparativeconstitutional practice. The Constitution goes even further, regulating inthe same Paragraph that the province must use 3 per cent of the 7 per centfor „financing capital expenditures“ 151 . There is no answer to the questionsof what capital expenditures are, whether this percentage can be larger and,in the end, and which criteria included this in the constitutional subjectmaterial.The Autonomous Province only has an Assembly 152 . Other organs aredetermined by the Statute of the province 153 . This practically means thatthe Parliament of Serbia, which has the right to block the Statute of theprovince, can prevent an Executive Council of Vojvodina from beingformed which would leave the province without executive authorities.147 Ibid, Article 186148 Ibid149 Ibid, Article 169150 Ibid, Article 184, Paragraph 4151 Ibid152 Ibid, Article 180, Paragraph 1153 Ibid, Article 17049
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Implementation of Transitional Laws in Serbia 2006

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