The Agreement between Serbia and Hungary on the Protection of National Minority Rights –Revision Welcomed

Abstract

This paper analyzes the bilateral agreement on the reciprocal protection of minorities that Serbia has signed with Hungary. The provisions of this agreement is examined, with the application of the legal-dogmatic, descriptive and comparative legal methods, and compared with the corresponding provisions in other bilateral agreements that Serbia has signed with neighboring countries, as well as with the provisions on the protection of the rights of persons belonging to national minorities as stated in the Constitution and laws of Serbia. The study pays special attention to the work of the mixed government commission; the state authorities’ measures regarding the implementation of the agreement and the judicial protection. There is the formulation some recommendations through which this legal instrument could become a more effective legal remedy for the protection of national minorities. This analysis seeks an answer to the question of to what extent the bilateral agreement has contributed to the international and domestic legal framework for the legal protection of national minorities in Serbia, and whether it is today mainly a political instrument without particular legal relevance.