Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Members of the Board, Sava Urosevic from G17+ and Zarko Obradovicfrom Socialist Party of Serbia, said that their respective caucuses had notdealt with the issue over the last couple of months at all. 416 According tothe Radical Party of Serbia Secretary General Aleksandar Vucic, this partywas unwilling to nominate an Ombudsman candidate as they held the officea burden for the budget. On this occasion he added: “In the same way as Ihold the existence of the Citizens’ Office a liability, I see the Ombudsmanoffice as being equally useless and established with the sole purpose ofripping people off.” 417 It was on May 30 th that the Board (chaired by PredragMarkovic, who acts as the Assembly Chairman as well) was in session lasttime. 418 At the 29 th session of the Assembly European Integrations Boardthat took place on March 3 rd 2006. Stefano Valenti, European Council Headof Mission in Serbia and Montenegro, presented the Board members withthe 10 th European Council report on Serbia and Montenegro situation.On this occasion Mr. Valenti reminded the Economic Integrations Boardmembers of their duty to appoint an Ombudsman, having in mind thesix-month deadline for his/her appointment. The Board ChairpersonKsenija Milivojevic said on the occasion: “The Ombudsman election legaldeadline expires at the end of March, which is very soon, and this Board,the European Integrations Board, has already drawn the Assembly’s, thatis the competent Board’s attention, to the imminent deadline and the needto initiate the election procedure….and I really do hope that, given thatlegally set six-month deadline is a decent period of time, the Assembly,that is, the relevant Board, will manage to meet the deadline, all the morebecause we deal here with a completely new institution, new on the Republiclevel.” 419 Despite the promise, Ombudsman was not appointed within thelegal deadline.At the 6 th Session of the Constitutional Board, Democratic Party ofSerbia’s caucus nominated for the Ombudsman’s office Sasa Jankovic, thenational legal advisor in the Democratization Unit of OSCE in Serbia andMontenegro. 420 Sasa Jankovic was the only Ombudsman candidate. Lawon the Ombudsman of the Check Republic foresees four Ombudsman416 M.T: Uninformed caucuses, DANAS, March 8 th 2006417 B. Vukčević: No one is to act the role of citizens’ protector, GLAS JAVNOSTI, April 6th 2006418 See Web Site: http://www.parlament.sr.gov.yu/content/lat/aktivnosti/skupstinske_detalji.asp?Id=766&t=A,visited on November 24 th 2006419 Notes taken in short hand at the 29 th Session of the Assembly European Integrations Board from March 3 rd2006, pages 16 and 17. The notes are included in the Initiative’s archives420 See Web Site: http://www.parlament.sr.gov.yu/content/lat/aktivnosti/skupstinske_detalji.asp?Id=1036&t=A,visited on November 25 th 200688
Implementation of Transitional Laws in Serbia 2006candidates proposed, two out of who are to be nominated by the Presidentof the Republic and the other two by the Senate, that is, the upper house ofthe Parliament. 421 The whole process of appointing an Ombudsman in Serbiawas rather a non-transparent one, as Serbian public had no opportunityto discuss the proposed candidates. A group of non-governmentalorganizations 422 objected to the Ombudsman election system, underliningthat it was “inappropriate in a democracy-aspiring society to elect (theonly!) Candidate for such an important office without any discussion andwider support from the experts and the public…This way of electionwould in itself serve to cast a serious doubt on the independence of theinstitution from the very beginning.” 423 Democratic Party of Serbia caucus’scandidate Sasa Jankovic, relinquished the candidacy on April 6 th 2006. 424Accounting for the decision, he said that some eminent non-governmentalorganizations for the protection of human rights had voiced suspicion overthe system employed upon the nomination of candidates and also thatthere were different interpretations concerning the fulfillment of legalconditions set on the appointment of Ombudsman. 425 This was followedby the Parliament Chairman Predrag Markovic calling on the caucuses topropose new candidates.As of November 2006 the Protector has not been appointed, and the factthat the law has been broken is not a matter of public or expert debate inSerbia.The Constitution of the Republic of Serbia, 426 proclaimed on November8 th , 2006, has foreseen a Protector of Citizens as a constitutional category. 427Based on this constitutional stipulation, Constitutional law anticipatedthat the National Assembly would reconcile the Law on the Protector ofCitizens with the Constitution and choose the Protector of Citizens duringits first session, after a government has been elected. 428421 Statement by Ottacar Moteil, Ombudsman of the Check Republic, at the meeting of the Check delegationwith non governmental organizations of Serbia and Montenegro, held at the Cultural Decontamination Centreon April 4 th , 2006422 Belgrade centre for human rights, Belgrade fund for political excellence, Peace and democracy developmentcentre, Children rights centre, Legal studies enhancement centre, European movement for Serbia, Humanitarianlaw fund, Helsinki committee for Human rights, Integration and tolerance humanitarian centre, Citizens’ initiatives,Group 484, Human rights jurists’ committee, Praxis, Vojvodina human rights centre and Women in black423 Statement “Jeopardizing the Ombudsman institution’s credibility” issued on April 4 th 2006 by a group ofNGOs, available on the site: http://www.bgcentar.org.yu/index.php?p=116, visited on November 25 th , 2006424 M. Torov: Saša Janković gives up candidacy, DANAS, April 6 th 2006425 Ibid426 The Constitution of Serbia, see above under 7427 Ibid, Article 138428 Constitutional Law, see above under 10489
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Implementation of Transitional Laws in Serbia 2006

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