КОЛЕКТИВНО ПРАВО НАЦИОНАЛНИХ МАЊИНА НА САМОУПРАВУ У ПРАВНОМ ПОРЕТКУ РЕПУБЛИКЕ СРБИЈЕ – НАЦИОНАЛНИ САВЕТ – SUI GENERIS ИНСТИТУЦИЈА ИЗМЕЂУ НЕВЛАДИНЕ ОРГАНИЗАЦИЈЕ И ОРГАНА ЈАВНЕ ВЛАСТИ
THE COLLECTIVE RIGHT OF NATIONAL MINORITIES TO SELF-GOVERNANCE IN THE LEGAL SYSTEM OF THE REPUBLIC OF SERBIA: THE NATIONAL COUNCIL AS A SUI GENERIS INSTITUTION BETWEEN AN NGO AND PUBLIC AUTHORITIES

Author(s): Tamás Korhecz
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Ethnic Minorities Studies
Published by: Институт друштвених наука
Keywords: collective rights; self-governance of national minorities; legal definition of national councils; Constitutional Court of Serbia
Summary/Abstract: The self-governance of national minorities might be provided on territorial and non-territorial (personal) bases. It is institution of the public law by which the effective participation of national minorities in public affairs is ensured in a particular State. In legal order of the Republic of Serbia the self-governance of national minorities is guaranteed by the Constitution and it is realized throe elected national councils of national minorities, established first in 2002. National councils were introduced into the legal system of Serbia under the influence and as a result of interaction of various international and domestic factors. However actors involved reach no proper consensus on the basic question: what national councils are, what is their legal character? According to one side, national councils are specific NGO-s, while according to other side they are democratically elected self-governances, part of the democratic system of public authorities. The thesis of this article is that this inherited defect of national councils influenced very much the development of this institution and its contradictory regulation in the Serbian law. Dualism of legal character of national councils was not resolved by the decision of the Serbian Constitutional Court on the constitutionality of the provisions of the Law on national councils of national minorities in 2014. In its decision the Constitutional Court failed to clearly define the legal character of national councils, while it preserved the space for the development of national councils in both directions.

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