Between Authoritarianism and Democracy : Serbia, Montenegro, Croatia. Vol. 1, Institutional Framework
Between Authoritarianism and Democracy : Serbia, Montenegro, Croatia. Vol. 1, Institutional Framework
Contributor(s): Dragica Vujadinović (Editor), Lino Veljak (Editor), Vladimir Goati (Editor), Veselin Pavićević (Editor)
Subject(s): Politics / Political Sciences, History, Civil Society, Governance, Political history, Recent History (1900 till today), Special Historiographies:, Transformation Period (1990 - 2010), Post-Communist Transformation
Published by: CEDET Centar za demokratsku tranziciju
Keywords: Yugoslavia; Political system; Transition; Authoritarianism; Democracy; Post-Yugoslav Transition; Civil Society; Political Culture
Summary/Abstract: A group of theorists from Serbia, Montenegro and Croatia - under the auspices of three non-governmental organizations: the Center for Democratic Transition (Belgrade), the Center for Democracy and Human Rights (Podgorica) and the Center for Research on Transition and Civil Society (Zagreb) - decided approximately three years ago to start working together on a comparative analysis of political, socio-economic and cultural development in the countries that emerged after the collapse of the former Yugoslavia. In terms of academic goals, value orientations, and to a significant extent also in terms of participants, this project builds on the activities of the Research Network 10 plus group, which was led by Professor Milan Podunavac during the last decade. The 10plus research network brought together prominent theoreticians from the former Yugoslavia, committed to liberal-democratic values and ready to fight against the then prevailing logic and practice of chauvinism, hatred and war.
- Print-ISBN-13: 86-903739-1-8
- Page Count: 399
- Publication Year: 2003
- Language: English
CONSTITUTIONAL DEMOCRACY FOR YUGOSLAVIA: BETWEEN REFORM AND REVOLUTION
CONSTITUTIONAL DEMOCRACY FOR YUGOSLAVIA: BETWEEN REFORM AND REVOLUTION
(CONSTITUTIONAL DEMOCRACY FOR YUGOSLAVIA: BETWEEN REFORM AND REVOLUTION)
- Author(s):Nenad Dimitrijević
- Language:English
- Subject(s):History, Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:25-52
- No. of Pages:28
- Keywords:Constitutionalism; theory of circumstances; rule by law; privatized state; constitutional continuity; constitution-making procedure; constitutional content
- Summary/Abstract:This paper explores the possibilities for the establishment of constitutional democracy in Serbia and Yugoslavia. The point of departure is marked by today’s contextual specificities of Serbia and Yugoslavia (the heritage of socialism and nationalism, disputed statehood). The general hypothesis is that these specificities ought to be understood not merely as the most serious obstacles to constitutional democracy, but rather as the most important incentives for its affirmation. Upon exploring the “constitutional question” in socialism and in Milošević’s regime, the contemporary constitutional and political condition is analyzed, with the principal emphasis on the issues of statehood and of the ambiguities of the strategy of constitutional continuity. The closing sections of the paper offer a set of policy recommendations for possible directions and strategies for the establishment of constitutional democracy: special attention is devoted to the questions of constitution-making procedure and of constitutional content.
THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF CROATIA
THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF CROATIA
(THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF CROATIA)
- Author(s):Arsen Bačić
- Language:English
- Subject(s):History, Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:53-72
- No. of Pages:20
- Keywords:Constitution; semi-presidential system; the Republic of Croatia; constitutionalism
- Summary/Abstract:The social-legal emancipation and independence gaining of Croatia was de facto carried out in irregular circumstances and during war (1990-1995). In such atmosphere of the social-political development of the Republic of Croatia and after the first pluralistic democratic elections, it is evident that (un)favourable political circumstances forced the Croatian constitution-maker to sanction through the 1990 Constitution a type of central authority in the figure of the constitutionally superior head of the state. The Croatian public was convinced that only a semi-presidential system of state governance could keep all the existing and potential differences and conflicts under control; it was the only organization which had sufficient command to sustain a course of defence and the general affirmation of the independent state and its transition. In this paper, the author points out the key elements of the constitutional legal structure of the Republic of Croatia from 1990 to the year 2000 when the democratic elections along with constitutional-legal changes in 2000-2001, enabled the modification of the semi-presidential system which can influence the realization of a more favourable and better-proportioned type of parliamentary system in the future.
SERBIA AND MONTENEGRO - FROM FEDERATION TO CONFEDERATION
SERBIA AND MONTENEGRO - FROM FEDERATION TO CONFEDERATION
(SERBIA AND MONTENEGRO - FROM FEDERATION TO CONFEDERATION)
- Author(s):Slobodan Vučetić
- Language:English
- Subject(s):History, Law, Constitution, Jurisprudence, Constitutional Law, Political history
- Page Range:73-88
- No. of Pages:16
- Keywords:Federation; confederation; state union; referendum; legality; legitimacy; Agreement on Principles; Constitutional Charter
- Summary/Abstract:The Federal Republic of Yugoslavia, as well as the previous two Yugoslavias, was founded under dramatic international and domestic political and war circumstances. This is the reason why the constitution of the new Yugoslavia (made up of Serbia and Montenegro) was not adopted in a democratically legitimate and legal procedure. Its ten-year long existence (1992-2002) was marked by harsh international economic and political sanctions and war on the territory of the former SFRY. At the same time, in the Federal Republic of Yugoslavia, and above all in Serbia, an authoritarian, neo-communist system of political power was established, personified by Slobodan Milošević, the President of Serbia (since 1997, the President of the Federal Republic of Yugoslavia). Throughout this period the constitution of Serbia was not brought into line with the constitution of the Federal Republic of Yugoslavia, thus the FRY was founded and functioned as political-legal provisorium. The functioning of government in Serbia was marked by disrespect for the constitution and laws, serious violations of civil rights and freedoms, degradation of the basic constitutional institutions, dominance of party and executive power, and the establishment of informal centers of political and economic power located outside the constitutionally designated institutions. The political and constitutional crisis in the Federal Republic of Yugoslavia was accelerated by an unconcealed conflict (since 1997) between the center of power in Belgrade, controlled by Slobodan Milošević, and the Montenegrin authorities headed by Milo Đukanović who started undertaking reforms to the economic and judicial system of Montenegro in accordance with the EU standards. Various attempts of Milošević's government to 'discipline' the Montenegrin government (economic sanctions, the media war, and related strategies) resulted in a gradual take-over of the Federation's economic functions and others (apart from the Army). The Montenegrin government proposed a Constitutional platform (1999) which would lead to the establishment of a 'weak' federation, actually a confederation between Serbia and Montenegro, which was ignored by Belgrade. The crisis of the federal state continued after the federal elections in 2000 that were boycotted by Montenegro. This situation brought in the EU mediation, the aim of which was to define relations between Serbia and Montenegro on new terms. This process resulted in the adoption of the Belgrade Agreement on Principles (on January 14, 2002) of future relations between Serbia and Montenegro within the state union. This Agreement on Principles practically validates the present-day situation and envisages the future state community as a specific confederation, some kind of real union with a minimum number of common functions, and institutions which would operate on the principle of consensus. The potential of the future state union significantly depends on the speed and quality of reforms in Serbia and Montenegro, which should be in keeping with the legal and economic standards of the European Union.
THE POLITICAL SYSTEM OF CROATIA (1990-2000) AND POSSIBLE DEVELOPMENTAL PERSPECTIVES
THE POLITICAL SYSTEM OF CROATIA (1990-2000) AND POSSIBLE DEVELOPMENTAL PERSPECTIVES
(THE POLITICAL SYSTEM OF CROATIA (1990-2000) AND POSSIBLE DEVELOPMENTAL PERSPECTIVES)
- Author(s):Smiljana Leinert Novosel
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Governance, Government/Political systems, Transformation Period (1990 - 2010)
- Page Range:91-103
- No. of Pages:13
- Keywords:Parliamentarism; transition; democratization; political system; political parties; electorate
- Summary/Abstract:The introduction of parliamentarism in Croatia at the beginning of the 1990’s merely created the conditions for the beginning of democratic transition, but the prerequisites for the true democratization of the country were established only with the changes in the year 2000. This has been an extremely difficult task. The political system maintains an illusion of democratic decision-making, created more by the persons participating in the system than by the system itself. If democracy is to develop, the character of politics must change on three levels: the relationship between politicians and voters, relationships among parties, and the relationship between the government and parliament. Genuine acceptance of responsibility by politicians and parties may contribute to establishing a real link between the electorate and those who act on its behalf.
DEVELOPMENT OF THE POLITICAL ELITE IN CROATIA (Comparison of Politicians, Directors and the Rest of the Population)
DEVELOPMENT OF THE POLITICAL ELITE IN CROATIA (Comparison of Politicians, Directors and the Rest of the Population)
(DEVELOPMENT OF THE POLITICAL ELITE IN CROATIA (Comparison of Politicians, Directors and the Rest of the Population))
- Author(s):Alija Hodžić
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Civil Society, Governance, Government/Political systems, Electoral systems
- Page Range:105-124
- No. of Pages:20
- Keywords:Strategies of transformation; useful resources; social distance; value orientation
- Summary/Abstract:The fall of socialism opened diverse possibilities for the development of post-socialism societies. The offered (by the political elite) and the then chosen, strategies for transforming society, valorise its existing resources and determine the manner of its integration into global processes. This analysis demonstrates that a systemic counter-indication has been built into the strategy of society transformation in Croatia (called liberal-nationalism), which necessarily presents an obstacle to developing liberal-democratic institutions, thus, consequently, disrupts the productive implementation of inherited resources and successful integration into world processes. In this strategy, relations towards the Other are categorized as selectively oriented ethnocentrism.
POLITICAL SYSTEM AND ELITES IN SERBIA BEFORE AND AFTER OCTOBER 5th
POLITICAL SYSTEM AND ELITES IN SERBIA BEFORE AND AFTER OCTOBER 5th
(POLITICAL SYSTEM AND ELITES IN SERBIA BEFORE AND AFTER OCTOBER 5th)
- Author(s):Slobodan Č. Antonić
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Civil Society, Governance, Government/Political systems, Electoral systems
- Page Range:125-142
- No. of Pages:18
- Keywords:Political system; political elite; executive power; legislative power; judicial power; clientelism
- Summary/Abstract:This paper analyzes the political order and the structure of the ruling elites in Serbia. The author dwells on four principal weaknesses of the current political order in Serbia. The first weakness is a fragmented elite. Powerful anti-reformist, and even undemocratic political elites are still at work in Serbia, predominantly among the ranks of the previous regime: the SPS, the SRS and the SSI. Moreover, there are deep-cleft divisions within the democratic and reformist political elite. One fragment of the political elite leagues with Koštunica and the DSS and the other is concentrated around Đinđić and the DS. There is not only rivalry between them, but they, all too often, tend to violate fundamental democratic principles in the course of their joint showdowns. The political system of Serbia therefore deserves the title of an unconfirmed democracy. The second weakness is a marked dominance of executive power over the other two branches of power. By various measures undertaken during the course of 2001 and 2002, an overall rule of the executive branch over the legislative and judicial ones has been reinstalled. The third weakness is an insufficiently independent public, i.e. the dependence of the media elite on the political elite. A weak opposition and the “foul political games” of the two main factions of the DOS call for an independent and critical public sector. However, this sector in Serbia is too weak at the moment. Finally, the fourth weakness is the regeneration of clientelistic structures. The patrimonial network has remained in place, the only changes having taken place amongst the personnel of the key political divisions. This is particularly prominent in the sphere of government-protected crime. The author’s conclusion is that the system, essentially, has not changed since the toppling of Milošević and his regime. The liberal public should, therefore, put more pressure on the political elite to initiate a faster democratization of the system.
PECULIARITIES OF TRANSITION IN SERBIA AND MONTENEGRO
PECULIARITIES OF TRANSITION IN SERBIA AND MONTENEGRO
(PECULIARITIES OF TRANSITION IN SERBIA AND MONTENEGRO)
- Author(s):Srđan Darmanović
- Language:English
- Subject(s):Politics / Political Sciences, Politics, History, Governance, Recent History (1900 till today), Special Historiographies:, Government/Political systems, Electoral systems, Transformation Period (1990 - 2010), Post-Communist Transformation
- Page Range:143-166
- No. of Pages:24
- Keywords:Authoritarian regime; transition; models of transition; transaction; collapse; electoral democracy; Serbia and Montenegro; consolidation
- Summary/Abstract:Serbia and Montenegro are among the most difficult and complicated cases of transition in the post-communist world. The reason lies primarily in the prominence of the problem of statehood and the crisis of the former SFRY, eventually resolved through war. The war was a significant factor in that the way out of the communist system led into another undemocratic regime. Thus in Serbia and Montenegro there was not one but two transitions. The first, negative transition (“non-transition”) happened at the exit from the communist system, when in Serbia an undemocratic order was established with strong marks of personal rule (“Caesarism”, “pseudo-democracy”), and in Montenegro a regime that also monopolized power but was headed by a large authoritarian party run in an oligarchic manner. The negative transition in Serbia was carried out on the basis of a sort of inverted model of transaction. As distinct from the transaction model in other post-communist countries, where reformists within the ruling party prevailed over the conservatives and began to liberalize the regime, in the intra-party struggle in Serbia party hawks prevailed and precluded liberalization, that is, a positive transition. In Montenegro the first, negative transition began with the collapse of the old party elite, though again not to the benefit of party reformists but to the populist new leadership instead. The second transition in Montenegro began in 1997 with the split within the ruling party in which the party reformists prevailed and subsequently made a (anti-Milošević) pact with the opposition. In Serbia the second transition began with the collapse of the authoritarian regime on October 5, 2000. Both countries then entered the period of electoral democracy, though with elements of instability preventing full democratic consolidation.
THE PARTY SYSTEMS IN SERBIA AND MONTENEGRO
THE PARTY SYSTEMS IN SERBIA AND MONTENEGRO
(THE PARTY SYSTEMS IN SERBIA AND MONTENEGRO)
- Author(s):Vladimir Goati
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Governance, Government/Political systems, Electoral systems
- Page Range:169-195
- No. of Pages:27
- Keywords:Party system; political distance; consensus; polarized pluralism
- Summary/Abstract:The formation of political parties in Serbia and Montenegro began in 1989, during the previous regime and within the framework of the SFRY. The electoral systems in the two republics were formed after the first pluralist elections in 1990, where the most successful parties both in Serbia and Montenegro were the previous ruling parties the SPS and the SK CG (Alliance of Communists, which changed its name to the DPS in 1991). In both republics the total number of party members from the whole observed period (1990-2002) was 8% to 9% of the population, more than in most of the countries of post-communist South-Eastern Europe. Also, the parties that were in power in the previous regime have stayed longer in power in Serbia and Montenegro than in most other post-communist countries. The party systems of both Yugoslav republics have, in spite of many differences, one significant similarity: these systems belong to the polarized pluralism type, which points to the conclusion that both in Serbia and Montenegro a basic consensus between the key political participants does not exist.
THE CROATIAN PARTY SYSTEM 1989-2002
THE CROATIAN PARTY SYSTEM 1989-2002
(THE CROATIAN PARTY SYSTEM 1989-2002)
- Author(s):Goran Čular
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Governance, Government/Political systems, Electoral systems
- Page Range:197-222
- No. of Pages:26
- Keywords:Party system; political parties; Croatia; elections; party competition; cleavages; political development
- Summary/Abstract:The author follows the development of the party system in Croatia from its beginning up to the year 2000 through several periods: a) the formative period when all significant political parties emerged, b) the period of stabilization when the parties reached relatively stable inter-party relationships; and c) the period of confrontation when the conflict concerning the regime - opposition division, was manifested. The whole time, the Croatian political party system was developing as a type of predominant party system, with the HDZ as the dominant party, which determined the whole dynamics of the party system during the observed period. Existing relations are not only the expression of the present political situation but also the expression of the reinforcing and overlapping effects of two historical cleavages: territorial-cultural and ideological-cultural. The 2000 parliamentary elections did not only lead to a nominal change of government but also to an important restructuring of the party system, to a completely different way in which the government functioned and to an abandoning of the predominant type of system. This introduces the problem of finding a new political party balance, the further institutionalization of some parties and the opening up of new dimensions of party competition. Solutions to these concerns will show whether moderate or polarized pluralism will develop in Croatia.
THE ELECTORAL SYSTEM OF MONTENEGRO
THE ELECTORAL SYSTEM OF MONTENEGRO
(THE ELECTORAL SYSTEM OF MONTENEGRO)
- Author(s):Veselin Pavićević
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Governance, Government/Political systems, Electoral systems
- Page Range:225-242
- No. of Pages:18
- Keywords:Proportional method; electoral census; categorical voting; affirmative action; electoral district geometry; price of seat
- Summary/Abstract:At a time when “history rushes” (Dahrendorf) there is, in Montenegro, a permanent interchange of ascents and demises in the maturing of the democratic culture of its people, while hope and anxiety alternate back and forth for its politics and its formation as a nation-state. Relations among the sharply opposed political groups within this process will be determined by the ability and strength of institutions to produce and reproduce democratic social relations. Only well-organized, democratic institutions can manage to suppress the authoritarian and disfunctional character of a political order traditionally characterized by charismatic power and its people’s subservient mentality. This is all the more so, bearing in mind that support for the proclaimed democratic principles in Montenegro is based on a short and incomplete insight into such experience. In addition, the new democratic order has had a very short history and a shallow “reservoir of legitimacy” (Mishler & Rose). Furthermore, the new regime does not even have a sufficient degree of negative tolerance that should have resulted from the public rejection of the old totalitarian regime. If it is true that in the process of constructing its culture “all nations follow the same historical model” (Duverger), then it is certain that Montenegro too will develop a democratic electoral system and elections as stable institutions. In this respect, there is the already acquired encouraging experience that without wider support and acceptance of the basic resolutions in electoral legislation, which themselves pertain to the democratic standards established by the Copenhagen documents of the OEBS from 1990, the elections for representative authority cannot be well organized and efficiently conducted.
ELECTIONS IN CROATIA: A SYMPTOMATIC CASE OR AN ANOMALY?
ELECTIONS IN CROATIA: A SYMPTOMATIC CASE OR AN ANOMALY?
(ELECTIONS IN CROATIA: A SYMPTOMATIC CASE OR AN ANOMALY?)
- Author(s):Srđan Vrcan
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Governance, Environmental and Energy policy, Government/Political systems
- Page Range:243-258
- No. of Pages:16
- Keywords:Elections; manipulation; electoral engineering; ethnocentrism; authoritarianism
- Summary/Abstract:Elections in Croatia held in the last decade of the twentieth century were marked by constant changes in electoral legislature and procedure. Electoral engineering of the then ruling HDZ, headed by President Tuđman, was highly sophisticated and efficient, to a degree that no other country in the so-called transition societies could match, except perhaps Russia. This engineering was manifested by changes in the electoral law, electoral supervising bodies, the threshold of representation (the prohibitive clause), the electoral geography, the electoral arithmetic, the national minorities’ rights of representation, and by the introduction of mandatory confirmation of the nomination of the President of a county by the President of the Republic. All these changes were intentionally biased in favour of the HDZ and its political strategy based on ethnocentric authoritarianism. Another reason why the elections can be assessed as free - yet not fair and righteous - is because of a significant amount of violence present during the course of elections.
THE ELECTORAL SYSTEM OF SERBIA
THE ELECTORAL SYSTEM OF SERBIA
(THE ELECTORAL SYSTEM OF SERBIA)
- Author(s):Vladimir Goati
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Governance, Government/Political systems, Electoral systems
- Page Range:259-276
- No. of Pages:18
- Keywords:Electoral district; electoral threshold; electoral manipulations; proportional system; majority system
- Summary/Abstract:The majority two-round system used in the first pluralist elections in Serbia in 1990 provided a great artificial majority to the most powerful ruling party (SPS) and to the disadvantage of small parties. In subsequent elections, held four times in Serbia (1992, 1993, 1997, 2000), a proportional electoral formula was used which provided greater congruence between the electoral and parliamentary power of political parties. Although the proportional electoral system had been in operation for all republican elections since 1990, there was regular fluctuation in the number of electoral districts, which had a significant influence on the electoral results. The electoral results prior to the December 2000 elections were strongly influenced by the electoral manipulations of the ruling SPS, employed to “improve” those results. Such manipulations did not take place in the December 2000 elections since a great political turn of events took place in which the SPS lost its dominant influence over state and electoral administration. However, these elections were held according to an electoral law which was passed in haste (October 9, 2000) and which had many weaknesses. That is why the passing of a new electoral law is one of the most significant tasks to be undertaken by the new democratic government in Serbia.
REFORM OF THE JUDICIAL SYSTEM IN THE FRY
REFORM OF THE JUDICIAL SYSTEM IN THE FRY
(REFORM OF THE JUDICIAL SYSTEM IN THE FRY)
- Author(s):Radmila Vasić
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Governance
- Page Range:279-302
- No. of Pages:24
- Keywords:Constitutional democracy; judicial reform; separation of power; independence and impartiality of the judiciary; protection of rights and liberties; institutional guarantees
- Summary/Abstract:The character of the order of the Yugoslav Federation, which is colloquially defined as the Milošević regime, is marked by flagrantly erroneousness legal acts, even those of the highest order, namely the constitutions and the laws, both in formal and in material sense. The deepening of the crisis in the law was aggravated by the practice of its application by politicized organs and individuals,instructed to defend the regime and their own privileged positions, instead of defending constitutionality and legality. The judicial organs, whose standard role ought to be the defence of individual and collective rights against autocratic self-will, also joined the dangerous game of destroying the very foundations of law. The legal consciousness of citizens, which developed under such conditions, is characterized by a great ignorance of legal opportunities and rights, and an even greater distrust of the system’s institutions that are in charge of protecting rights. With the beginning of society’s democratic transformation, the newly installed authorities have been confronted with difficult and grave decisions over, and explication of, the strategy and pace of reforms. The recovery of the judiciary is among the prioritized goals of reform, and the first measure in that direction was the enactment of decent laws on the judiciary. The new judicial legislation in both republics primarily aims at achieving a consistent conceptualization of the principle of separation of power, according to which the courts and the judges would be given solid guarantees of their independent decision-making, while citizens will be faced with enjoying their right to an independent and impartial judge. In this reform venture, it seems that the nonns governing the appointment, promotion and dismissal of judges (and presidents of the courts) are of utmost importance; a key role in this procedure is played by bodies that are predominately made up of judges, i.e. of representatives of the profession, which should ensure that the status of the judges be decided according to professional criteria, and not the preferences of the autocratic elite, materialized in a system of the improper bartering of services and goods. As part of the debate on pending constitutional changes in the new union of Serbia and Montenegro and its constituent parts, initial moves towards judicial reform ought to be coupled with an improvement of the overall financial situation of the judges and the courts, professional training of judicial staff, particularly in accordance with European Law standards, as well as the increasing of citizens’ legal consciousness and developing a sense of self-respect among the proponents of this division of state authority, which is the pillar of the civilization axiom of the indisputable nature of fundamental human rights and liberties.
REFORM OF THE JUDICIARY IN CROATIA AND ITS LIMITATIONS
REFORM OF THE JUDICIARY IN CROATIA AND ITS LIMITATIONS
(REFORM OF THE JUDICIARY IN CROATIA AND ITS LIMITATIONS)
- Author(s):Alan Uzelac
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Governance
- Page Range:303-329
- No. of Pages:27
- Keywords:Reform of the judicial system; judicial administration and self-administration; efficiency of justice; judicial independence
- Summary/Abstract:There is a little doubt about a fact that the system of justice in the Republic of Croatia currently experiences a deep crisis. Among various reasons for the present difficulties, one should particularly note the devastating effects of the last decade of the XX century, the decade of war, instability and authoritarian government in Croatia. However, although the reform of the system of justice currently enjoys top political priorities, its implementation meets difficulties from the very outset. The beginning of the comprehensive reform was marked by the decision of the Constitutional Court on March 2000, when the Court struck several provisions of the laws that regulated the role and status of judges, criticizing as unconstitutional the practice of the State Judicial Council in the appointment of judges. Among other annulled provisions, the Court also ruled that the SJC does not have constitutional powers to appoint the court presidents. At the end of 2000, the constitutional amendments and changes to the Courts Act and the Act on State Judicial Council introduced a new system of appointment and removal of judges and state attorneys. However, the new system encountered a strong opposition among those who were personally affected by the reform. This paper emphasizes the paradoxical turn in the roles played by the key actors: those judicial circles that could be attributed with a major responsibility for the poor state of judicial institutions have now been converted into ’’victims of judicial independence” that invoke intervention by international human rights organizations (sometimes not without any success). The lack of determination for fundamental reforms mixed with systemic difficulties inherent to any judicial reform, as well as with post-socialist misunderstanding of the principles of separation of powers and independence of judiciary may lead to poor chances for the success of the reformist endeavors.
TERRITORIAL ORGANIZATION AND REGIONALISM THE CASE OF CROATIA
TERRITORIAL ORGANIZATION AND REGIONALISM THE CASE OF CROATIA
(TERRITORIAL ORGANIZATION AND REGIONALISM THE CASE OF CROATIA)
- Author(s):Lino Veljak
- Language:English
- Subject(s):Politics / Political Sciences, Constitutional Law, Governance, Government/Political systems
- Page Range:333-349
- No. of Pages:17
- Keywords:Regionalism; centralism; local self-government; administration; democratic control; Euro-regions
- Summary/Abstract:In this paper, the author presents a historical overview of the genesis of the regional division of the Republic of Croatia, as well as an outline of the development of territorial organization and local self-government. Particular attention is devoted to the development of territorial self-government after 1990. Over this period, the antithesis between a centralist-etatist approach to the problem of territorial organization of the country on one hand, and a regional approach on the other, with quite a marginal federalist option is conspicuous. The author indicates the differences between Croatian regions where the regionalist option is dominant (Istria, Međimurje) and areas with a majority Serb population. Following an overview of the constitutional and legislative regulations concerning territorial administration and local self-government, the focus shifts to the examination of the alternative: regionalism-centralism. The issue of regionalism is to be examined within the framework of the centralization-decentralization antithesis, which derives from the answer to whether state administration should be decentralized and to what extent it should be treated as a direct transmission of authority. The author pleas for a search for optimal balance between local, regional, state and supra-state demands for democratic decisionmaking and the administering of general and common affairs (which also has to be subdued to democratic control). In this process, it is not only the functional and cultural dimension of this problem that has to be taken into consideration, but also the perspective of the establishment of trans-border Euro-regions.
VOJVODINA AS A REALM OF REGIONAL TENDENCIES
VOJVODINA AS A REALM OF REGIONAL TENDENCIES
(VOJVODINA AS A REALM OF REGIONAL TENDENCIES)
- Author(s):Alpar Lošonc
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Governance, Government/Political systems, Geopolitics
- Page Range:351-368
- No. of Pages:18
- Keywords:Collective identity; regionalism; multiculturalism; regional planning and management; deconcentration of power
- Summary/Abstract:This paper raises the issue of the legitimacy of Vojvodina’s collective identity as representative of regionalism in Serbia. After analyzing various possibilities for the legitimation of Vojvodina’s collective identity, emphasis is placed on the significance of multi-cultural relationships for Vojvodina. It has been claimed that cultural patterns are the basis for Vojvodina’s new regional identity. Only a synthesis of regional capacities and multi-cultural arrangement can facilitate a regional identity of Vojvodina based upon unimpeded consensus. This basic attitude is supplemented with certain elements of understanding Vojvodina as a Euro-region, which is developing co-operation with other regions and borderline regions in neighbouring countries. Vojvodina’s regionalism should be considered within contemporary regional planning and management tendencies. In the final section, the paper deals with the legal constellation and the situation subsequent to the adoption of the Omnibus Law. It has been concluded that the legal framework corresponds to the model of power deconcentration, which is a great slowdown as compared to the real potentials.
THE STABILITY PACT FOR SOUTH-EASTERN EUROPE: EXPECTATIONS AND RESULTS
THE STABILITY PACT FOR SOUTH-EASTERN EUROPE: EXPECTATIONS AND RESULTS
(THE STABILITY PACT FOR SOUTH-EASTERN EUROPE: EXPECTATIONS AND RESULTS)
- Author(s):Nebojša Vučinić
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Human Rights and Humanitarian Law, Governance, EU-Approach / EU-Accession / EU-Development, Geopolitics
- Page Range:371-399
- No. of Pages:29
- Keywords:Stabilization; pacification; integration; democratization; human and minority rights; rule of law; market economy; co-operation; neighbourly relations
- Summary/Abstract:The Stability Pact for South-Eastern Europe is a specific, extra-institutional political mechanism established with the aim of long-term stabilization, pacification, democratization and integration of this area into the European Union. The two-fold negative transition of this region after the fall of socialism, demonstrated in a bloody disintegration of Yugoslavia and an escalation of extreme national-chauvinism, conditioned the special attention that the EU and USA have given to particulary states and the region as a whole. This is especially so as the political processes and tendencies in this part of Europe threatened international peace and security, the rule of law and human rights, and those basic civil accomplishments and principles upon which Euro-Atlantic integration and security processes following the Second World War were based. A flexible institutional-organizational structure and the significant financial assistance of the EU and the USA and of the most important international financial institutions in an undefined yet relatively short period of time should create adequate institutional- structural, political, economic and cultural premises for the integration of the states in the region in the process of Euro-Atlantic integration. In this context, the focus of activity is on distinct projects and initiatives in the area of declaring human and minority rights, democracy and rule of law, creation of market economy, free enterprise and trade, as well as internal and external security of individual states and the region as a whole. Special attention is paid to combating organized crime and improving co-operation between the states in the region concerning their police and judiciary bodies. The basic guiding principle of the Stability Pact - founded on the experience of the reconstruction and integration of Western Europe after the Second World War - is absolutely acceptable and justified. But this justification does not include a mechanical comparison and a translation of Western European experiences to the conditions and circumstances of South-Eastern Europe, which are essentially different from the ones of Western Europe at the end of 1940s. Although defined very ambitiously, the whole process is unfortunately still characterized by the lack of a strategically conceived and integrated approach. This results in short-term actions, without enough positive structural and institutional changes within the states of the region, which however would have been preconditions for their stabilization and integration. This refers to all the key areas of the Stability Pact’s operations, namely, democracy, human and minority rights, a market economy, internal stability, and the suppression of corruption and organized crime.
