Izdvojeno mišljenje o zabrani rada udruženja građana "Otačastveni pokret Obraz"
Separate Opinions on Prohibition of Work of Citizens' Association "Patriotic Movement Pride"

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 on September 25th 2009. Constitutional Court held a public debate on Public Prosecutor's initiative on December 14th 2011. At its' session held on June 12th 2012 the Constitutional Court adopted decision on prohibition of work of citizens' association „Patriotic Movement Pride" because of work directed towards violation of guaranteed human rights and instigation of national and racial hatred. Accordingly, Constitutional Court ordered Agency for Registers to delete Patriotic Movement Pride" from its' register of citizens' associations. The authors voted against the abovementioned decisions of the Constitutional Court. In their separate opinions they put forth reasons why they did not agree with prohibition of work of citizens' association „Patriotic Movement Pride". In their argumentation they considered issues relevant for the prohibition of work of this organization: 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 practice of the European Court of Human Rights, the authors put forth arguments for and against Office of Public Prosecutor's proposal for prohibition of work of citizens' association „Patriotic Movement Pride" and offer reasons against this prohibition.

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