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RESEARCH FORUM

 

RULE OF LAW 

Description:

Members of this research unit of the Research Forum engage in issues related to chapters 23 and 24 of the European Union acquis: “Judiciary and fundamental rights” and “Justice, freedom and security”. Reforming the Serbian judiciary is one of the preeminent problems currently faced by Serbia. Researchers thus aim to analyse current conditions, identify the most important issues. This will allow them to provide a critical evaluation of existing problem-solving initiatives in the institutional framework, decision-making process and assessthe planning and implementation of adopted regulations. Proposals for practical public policies will be oriented to activities that ameliorate the present state of affairs. Constitutional reform is an additional project of this research unit.

Works:

Judiciary and human rights – chapter 23

Author: Vesna Rakic-Vodinelic

Belgrade, February 2012

Establishing an independent judiciary is the biggest challenge faced by the Republic of Serbia in terms of meeting the Copenhagen criteria and introducing the European acquis into national law. The author showcases both basic problems and current results in implementing judicial reform. The recommendations given in this article might be helpful during negotiations: monitoring the work of the High Judicial Council and National Prosecutors’ Council, improving the efficacy of the Constitutional Court, determining the number of judges and prosecutors Serbia requires in accordance with common methods, reviewing the existing organization of courts and establishing responsibility for inadequate, incompetent and unconstitutional judicial reform.

The study is avilable only in Serbian 

 

 

The judiciary and internal affairs in the process of European integration

Authors: Aleksandra Cavoski and Drazen Maravic

Belgrade, January 2012

The authors analysed previous European Commission reports in the fields of judiciary and internal affairs in order to determine which problems are recurrent and need to be solved in the shortest possible timeframe. The authors indicate that systemic problems exist within this field concerning the institutional framework, decision-making, strategic planning, public administration and the enforcement of adopted regulations. The paper also provides recommendations aimed at a swift elimination of these faults and an acceleration of negotiations.

 The study is avilable only in Serbian 


 

 
 
New approach to formation of the Government of the Republic of Serbia
 
Author: Dejan Milenkovic
 
Belgrade, May 2012
 
In any modern state with the rule of law, ministries are the main body of public administration. Starting from the organizational and functional concept of public administration in both theoretical and positive law terms, they are the “heart” of administrative organization and the state’s administrative activities. “Objective”, not particratic, criteria should be used in the formation of ministries. The latter namely negatively impact the function of ministries as essential bodies of public administration in Serbia. By conjunctly analysing comparative legal history, theory and positive law, these criteria can be “classified” into four basic groups: historical, theoretical, lifetime and project criteria. The formation of the Government of the Republic of Serbia after the parliamentary elections held in May 2012 should be based on the aforementioned criteria. In the oncoming mandate, the new Government of Serbia should pay special attention to the project criterion.
The study is available only in Serbian
 
 
 
 
 
Constitutional revision in Serbia: aspects and possible solutions
 
 
 
Authors: Vladimir Pavicevic and Vladimir Dzamic
 
Belgrade, November 2012
 
The text analyses the genesis of legal and political circumstances surrounding the adoption of the Constitution of the Republic of Serbia in 2006, with particular attention given to the legitimacy of the Constitution and the legitimacy of all political processes constituted by the political community in that manner. The authors highlight legitimacy as the crux for revising the existing Constitution. The text outlines three possible scenarios for constitutional revision in Serbia. The conclusion is that the best solution is to call an election for the Constituent Assembly which would then draft a new supremelegal document of the Republic of Serbia.
 
The study is available only in Serbian

 
 
 
 
Steps to a new constitution: merits and procedure
 
Authors: Vladimir Pavicevic and Vladimir Dzamic
 
Belgrade, November 2013
 
The Constitution of the Republic of Serbia adopted in 2006 has brought about numerous practical problems. The Constitutional Court has difficulty in making clear decisions due to contradicting legal norms and the political system remains unstable and illogical. In the past seven years, the current Constitution has failed time after time. The authors thus dissect specific arguments for amending the Constitution into three subcategories: basic terms, fundamental rights and the organisational system of government. Additionally they analyse the feasibility of constitutional revision by a constituent assembly. The article represents a continuation of the authors’ writings on the necessity of constitutional revision and the possibilities thereof in the Republic of Serbia.

The Study is available in English

 

 

 

The necessity of constitutional amendment in the Republic of Serbia: the role and character of the National Assembly

 

Author: Vladimir Dzamic

Format: Policy Brief

Belgrade, February 2014

 

The start of negotiations on Serbia’s accession to the European Union represent an ideal moment for an inclusive debate on amending the Constitution of the Republic of Serbia. The National Assembly should take the lead in promoting a reorganisation of the political system, strengthening parliamentarism and consolidating democracy.

The Policy Brief was written as part of the project: “Awaiting a new Constitution”.


The Policy Brief is available in English

 

 

The position and role of the fourth branch of the public authorities in the present and the future constitutional arrangement of the Republic of Serbia 

Author: Sasa Gajin

Format: Policy Brief

Belgrade, March 2014


The theme of this article can be divided into three parts. The first relates the constitutional provisions pertaining to the organisation of public administration to the establishment of a fourth branch of government. What follows is an analysis of the unbalanced position thereof within contemporary positive law. Finally, the author provides conclusions outlining a possible constitutional framework for the fourth branch of government.


The Policy brief  was written as part of the project: “Awaiting a new Constitution”.


The Policy Brief  is available in English


 
 

 The purpose of human rights from the point of view of the present and future Serbian constitutional law system

Author: Sasa Gajin

Format: Policy Brief

Belgrade, April 2014

 

The main topic of this text is analyzed primarily in the context of application of fundamental principles of constituting a political community. The author goes on to analyze the deficiencies of the present constitutional law system which provides protection and respect of human rights. Finally, the author gives guidelines to amend constitutional provisions on human rights in the prospect of drafting a new constitution.



The Policy brief  was written as part of the project: “Awaiting a new Constitution”.


The Policy Brief  will be available on English soon



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