The Law On Serbia’s Participation In The Multinational Operations Cover Image

Zakon O Učešću Srbije U Multinacionalnim Operacijama
The Law On Serbia’s Participation In The Multinational Operations

Author(s): Marko Milošević
Subject(s): Law, Constitution, Jurisprudence
Published by: BCBP Beogradski centar za bezbednosnu politiku
Keywords: law; multinational operations; democratic civil control; strategy; army; the police

Summary/Abstract: National Assembly of the Republic of Serbia has passed, in its autumn session, a parcel of 5 laws, 2 strategies, and amendments to 2 laws from the area of security. This significant and, in terms of numbers, commendable effort had its deficiencies, though, and this text deals with the problematic solutions of the Law regulating the engagement of the defense forces in multinational operations. This text offers the arguments featuring the discussion about the context of passing the laws and the legality of the new Law is being questioned and problematicized. The sequence in which these great many documents were adopted is equally important, which could have had (overlooked) consequences for the functionality of the defense system, due to a possible insufficient harmonization between the documents. Tracking down the process of creating and passing the Laws the readers are offered an insight as to problematics of the participation of the players whose participation has been detracted (MFA) or, perhaps, made more prominent with regard to the Draft Law (MoI). Detracting the Parliament has also been perceived, as well as the deficiency of the mechanisms of the democratic and civil control. Some of the solutions in the aforementioned Law are compared to the solutions in the legislation of the countries in the region, and a special emphasis is put on positive results of the Law pertaining to the protection and exercising of the rights of the participants in the missions.

  • Issue Year: 2009
  • Issue No: 15
  • Page Range: 22-30
  • Page Count: 9
  • Language: Serbian