Prilog za javnu raspravu o zabrani rada udruženja građana "Otačastveni pokret Obraz"
Contribution to the Public Debate on Prohibition of Work of Citizens' Association "Patriotic Movement Pride"
Author(s): Tanasije MarinkovićSubject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: restriction of freedom of association; speech of hatred; harassment and degrading behavior; establishing the responsibility of an association; necessary need of society to restrict freedom of association
Summary/Abstract: The Office of Public Prosecutor of Republic of Serbia initiated proceedings for prohibition of work of citizens' association „Patriotic Movement Pride" in the Constitutional Court of Serbia. Constitutional Court held a public debate on Public Prosecutor's initiative on December 14th 2011. In this paper, prepared for that public debate, the author considers the issues relevant for prohibition of work of a citizens' association: Whether its' aims and activities are directed at violation of 1 of values protected by Constitution, is there a link between the work of this organization and actions of its members and would a prohibition of its work be necessary in a democratic society. Based on Constitutional and legislative definitions of the abovementioned conditions and especially how they are interpreted in practice of the European Court of Human Rights, the author applies those conditions to this particular case and concludes that Office of Public Prosecutor's initiative is in accordance with the Constitution of Republic of Serbia and European Convention on Human Rights.
Journal: HERETICUS - Časopis za preispitivanje prošlosti
- Issue Year: 2011
- Issue No: 3-4
- Page Range: 133-153
- Page Count: 21
- Language: Serbian