Ostvarivanje prava na manjinsku samoupravu (odlučivanje) u Srbiji
EXERCISING THE RIGHT TO MINORITY SELF-GOVERNMENT (DECISION- MAKING) IN SERBIA

Author(s): Petar Antić
Subject(s): Politics, Constitutional Law, Governance, Public Administration, Sociology, Ethnic Minorities Studies
Published by: Институт друштвених наука
Keywords: The right to minority self-government; Mandate of national councils; Restriction of minority rights
Summary/Abstract: The right of minorities to cultural autonomy is not established as an obligation under international law. There are moves in that direction in certain European instruments, but without the obligation or imposition of this right. On the other hand, the right of national minorities to cultural autonomy is defined by the Constitution of Serbia, Article 75, which defines the right of national minorities to elect their national councils in order to exercise the right to self-government in culture, education, information and official use of language and script. In accordance with the Constitution, the Law on National Councils was passed, which had the task of regulating the right to minority self-government in more detail. However, after its adoption, a part of the professional and political public in Serbia presented various criticisms against it. The excessive competencies of national councils in relation to public institutions in the field of education and information, as well as the system of direct election of councils based on special voter lists of members of national minorities, were especially disputed. Under the influence of the decision of the Constitutional Court of Serbia from 2014, which challenged 10 articles of this Law, on June 20, 2018, amendments to the Law on National Councils of National Minorities were adopted. The new changes aimed to more clearly define their powers, reduce excessive politicization and make the work of national councils more transparent. However, in the opinion of some representatives of national minorities, the new legal solutions still do not address key issues and insufficiently specify the status of national councils, which leaves room for legal and other doubts. According to the amendments to the law, the National Councils of National Minorities are neither citizens’ associations, nor institutions, ie state bodies, and a lot depends on that issue, from their financing, practical daily functioning to competencies. The establishment of a minority self-government mechanism through national councils of national minorities (hereinafter: national councils) and the organization of their elections, whether direct or through an electoral assembly, has strengthened the expectations of persons belonging to national minorities that their elected representatives really influence (decide) issues, concerning their identity. However, in practice, the question arises whether and to what extent the relevant regulations provide the possibility of autonomy in decision-making, ie self-government in culture, education, information and official use of language and script. To answer the question of whether the system of minority self-government in Serbia meets the needs of national minorities, this paper will analyze the need to establish minority self-government, analyze international standards and the right to minority self-government, analyze domestic regulations and mandates of National Councils in Serbia. The system of minority self-government in Serbia meets the needs of different national minorities and, finally, the possible development of regulations in the field of minority self-government.

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