Contribution to the Public Debate on Prohibition of Work of Citizens' Association

Prilog za javnu raspravu o zabrani rada udruženja građana "Srpski narodni pokret 1389"
Contribution to the Public Debate on Prohibition of Work of Citizens' Association "Serbian National Movement 1389"

Author(s): Jovica Trkulja
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: freedom of association; establishing the responsibility of an association; necessary need of society to restrict freedom of association; competence of Constitutional Court of Republic of Serbia; prohibition of work of association „Movement 1389"

Summary/Abstract: The text represents authorised deliberation from the public debate on Office of Public Prosecutor's proposal for prohibition of work of citizens' association „Movement 1389" in case VIIU-250/2009, held in the Constitutional Court on June 22nd 2011. The author presented his views on controversial issues of constitutional law and other facts relevant for reaching a decision in this particular case. One answer to dilemmas a regime that tolerates organizations which act against human rights and democracy could lead to abolition of democracy and negation of basic postulates of the rule of law. However, the other answer to dilemmas - prohibition of the abovementioned organizations and their outlawing-constitutes a limitation of constitutional rights and freedoms, freedom of association in particular, which could, as a rule, lead to authoritarism. In both cases democracy is endangered and rule of law is contested. Author points out that there are no safe guidelines, models that could universally help constitutional courts in their actions pertaining to restriction of freedom of association in each and every situation, since each restriction is a consequence of particular conditions in a particular society. In modern practice and jurisprudence cases of prohibition of work of political parties and associations are rare. Cases and examples of arbitrary actions or reactions of executive and juridical branch aimed at restriction of freedom of association are more frequent. Bearing all that in mind, the author presented arguments for and against Office of Public Prosecutor's initiative for prohibition of work of citizens' association „Movement 1389" and put forth legal and political reasons against this prohibition.

  • Issue Year: 2011
  • Issue No: 3-4
  • Page Range: 78-93
  • Page Count: 16
  • Language: Serbian