Statute of Autonomous Province at the Constitutional law of the Republic of Serbia

Abstract

There is a pending procedure in which the Constitutional Court of Serbia is deciding on the constitutionality and legality of the Statute of the Autonomous Province of Vojvodina. The Constitutional Court is facing a complex, politically sensitive and legally demanding case. Bearing in mind the vagueness and contradictions of the text of the 2006 Constitution on the provincial autonomy, the decision of the Constitutional Court will constitute also a political choice, choice between competing values of the constitutional order of Serbia. This essay aims to offer answers to some questions and dilemma before the Constitutional Court based on a complex analyses of relevant sources of constitutional law, applying various methods. In the first part of this article, the Decision of the Constitutional Court on the constitutionality of the Law on the competencies of the Autonomous Province of Vojvodina from July 2012 is analysed, in second, the legal character, power and subject of regulation of the Statute of APV is elaborated, in third, the constitutionality of the organization of provincial authorities is analysed, in forth arguments of the initiator based on terminological differences and the issue of national equality will be analzyed while in fifth, some conclusions are formulated. Conclusions of this essay are that wide and deep analyses of relevant constitutional law sources, adequate application of scientific methods reveal that many arguments used to prove unconstitutionality of the Statute are not well grounded, and they are supported mainly by gramatical arguments only, furthermore they are neglecting the specific - sui generis character of the Statute as a basic and highest legal act of the Autonomous province of Vojvodina, enacted by the Assembly of Vojvodina and National Assembly of Serbia. The forthcomming decision of the Constitutional Court will not resolve all the shortcommings of the Constitution, however, if well grounded, it can promote rule of law in Serbia and ease political tensions between various levels of government.