Izdvojeno mišljenje o zabrani rada tajne političke organizacije "Nacionalni stroj"
Separate Opinion on Prohibition of Work of Secret Political Organisation "National Front"

Summary/Abstract: Claiming that „National Front" is a secret political party (political organization) whose work is aimed at instigating national and racial hatred, Office of Public Prosecutor of Serbia initiated proceedings for that organization's prohibition of work in the Constitutional Court (case VIIU- 171/2008). Constitutional Court held a public debate on Public Prosecutor's initiative on June 2nd 2011. After conclusion of the debate the Court decided to (1) Prohibit registration of „National Front" in the registry of the competent organ, and (2) Prohibit „National Front" to work, promote and disseminate its' program, aims and ideas. The author disagreed with this decision and she put forth a separate opinion. In her argumentation she considered issues relevant for the prohibition of work of this organization: Whether its' aims and activities, are directed at violation of 1 of values protected by Constitution, is there a link between the work of this organization and actions of its members and would a prohibition of its work be necessary in a democratic society. Based on Constitutional and legislative definitions of the abovementioned conditions and practice of the European Court of Human Rights, the author puts forth arguments against Office of Public Prosecutor's proposal for prohibition of work of secret political organization „National Front".

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