Cheap tricks of Serbian Government
A foggy Preamble
A professor of the Novi Sad Law School, Marijana Pajvancic, severely criticized the new Constitution of Serbia, suggesting that the supreme legal document is essentially flawed. In her lecture at the "School for Democracy", organized by the Helsinki Committee for Human Rights in Serbia, Professor Pajvancic said the constitutional Preamble, which renders Kosovo an inseparable part of Serbia, does not in fact oblige anyone.
"The binding quality of the Preamble is being spread like fog all around us. But the Preamble actually does not have legally binding power", says Pajvancic, who also reminded her audience that the Constitution of Serbia had been adopted with no prior public discussion. According to professor Pajvancic, this means that the basic definition of any constitution had been breached at the very outset of the process, because a constitution is "a contract between citizens and their state".
In response to arguments that the new Constitution of Serbia is better than the previous one because it is liable to amendments and change, Pajvancic said: "When they say that it is good that the new Constitution can be amended from time to time, I say that this is not good at all, on the contrary – it is very bad, both for the country and for the Constitution itself, since the Constitution is composed of a set of rules that cannot be bargained over every day. In Pajvancic’s view, the state pro-referendum campaign is especially irritating, because it does not explain to the citizens that casting a ballot in the referendum is their right rather than their duty. "The state cannot and must not influence your decision about whether or not to vote", concluded Pajvanovic.
In defense of legend and myth
On October 18th, in Kragujevac, central Serbia, Cedomir Jovanovic, leader of Liberal-Democratic Party (LDP) invited the citizens to boycott the referendum on the new Constitution, underlining that Serbia's civic potential is being tested now. "Ninety percent of citizens who say that they will vote at the upcoming referendum do not actually know what the new Constitution really says, nor do they have the chance to discuss it with those who had compiled it. Kostunica, Tadic and Nikolic should come to Kragujevac and explain to the citizens why the Constitution is regarded as crucial for them", said Jovanovic at this public event, organized by LDP’s Kragujevac branch-office.
"Serbia's civic potential is being tested at this very moment. It is up to our citizens to decide whether they will be the fuel to keep this state going and whether or not their referendum vote is their duty toward Serbia", said leader of LDP.
In stressing that Kosovo is, indeed, a difficult and serious problem, Jovanovic added that the current government is not heading toward a serious solution to this problem, but is only defending a legend and a myth.
"Rather than investing in turning Serbia into a positive place, rather than developing the economy, health sector, education, rather than making everyone want to belong to this community, they don't even think about Kosovar Serbs; they don't even think about creating a Serbia like that and strengthening the position of Kosovar Serbs, who could then, in ten years maybe, form a government with Albanians, just like it now happening with Serbs supporting HDZ in Croatia or with the tripartite presidency in Bosnia, composed of a Bosniak, a Serb and a Croat", concluded Jovanovic.
A professor of the Novi Sad Law School, Marijana Pajvancic, severely criticized the new Constitution of Serbia, suggesting that the supreme legal document is essentially flawed. In her lecture at the "School for Democracy", organized by the Helsinki Committee for Human Rights in Serbia, Professor Pajvancic said the constitutional Preamble, which renders Kosovo an inseparable part of Serbia, does not in fact oblige anyone.
"The binding quality of the Preamble is being spread like fog all around us. But the Preamble actually does not have legally binding power", says Pajvancic, who also reminded her audience that the Constitution of Serbia had been adopted with no prior public discussion. According to professor Pajvancic, this means that the basic definition of any constitution had been breached at the very outset of the process, because a constitution is "a contract between citizens and their state".
In response to arguments that the new Constitution of Serbia is better than the previous one because it is liable to amendments and change, Pajvancic said: "When they say that it is good that the new Constitution can be amended from time to time, I say that this is not good at all, on the contrary – it is very bad, both for the country and for the Constitution itself, since the Constitution is composed of a set of rules that cannot be bargained over every day. In Pajvancic’s view, the state pro-referendum campaign is especially irritating, because it does not explain to the citizens that casting a ballot in the referendum is their right rather than their duty. "The state cannot and must not influence your decision about whether or not to vote", concluded Pajvanovic.
In defense of legend and myth
On October 18th, in Kragujevac, central Serbia, Cedomir Jovanovic, leader of Liberal-Democratic Party (LDP) invited the citizens to boycott the referendum on the new Constitution, underlining that Serbia's civic potential is being tested now. "Ninety percent of citizens who say that they will vote at the upcoming referendum do not actually know what the new Constitution really says, nor do they have the chance to discuss it with those who had compiled it. Kostunica, Tadic and Nikolic should come to Kragujevac and explain to the citizens why the Constitution is regarded as crucial for them", said Jovanovic at this public event, organized by LDP’s Kragujevac branch-office.
"Serbia's civic potential is being tested at this very moment. It is up to our citizens to decide whether they will be the fuel to keep this state going and whether or not their referendum vote is their duty toward Serbia", said leader of LDP.
In stressing that Kosovo is, indeed, a difficult and serious problem, Jovanovic added that the current government is not heading toward a serious solution to this problem, but is only defending a legend and a myth.
"Rather than investing in turning Serbia into a positive place, rather than developing the economy, health sector, education, rather than making everyone want to belong to this community, they don't even think about Kosovar Serbs; they don't even think about creating a Serbia like that and strengthening the position of Kosovar Serbs, who could then, in ten years maybe, form a government with Albanians, just like it now happening with Serbs supporting HDZ in Croatia or with the tripartite presidency in Bosnia, composed of a Bosniak, a Serb and a Croat", concluded Jovanovic.
posted by SERBIA IS WAKING UP at 9:10 AM
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