Ustavotvorne i revizione procedure u postkomunističkoj Srbiji – bilans i pogled unapred
The Constitution-making and the Amendment procedure in Post-communist Serbia – Balance and Perspective

Author(s): Vladan Petrov
Subject(s): Politics, Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research, Transformation Period (1990 - 2010), Present Times (2010 - today)
Published by: Fondacija Centar za javno pravo
Keywords: Public law; Republic of Serbia; postcommunism; Constitution; amandment procedure; 2006;
Summary/Abstract: Both modern Serbian constitution, the first one from 1990 and the second one from 2006, are characterised by highly strong formal rigidity. The legitimization of that strong rigidity was found in the constitutional function of protection – in the first case, to prevent Serbia from the negative effects of disintegrative process in the Second Yugoslavia; in the second, to protect the territorial integrity of Serbia related to Kosovo and Metohija. The author considers that it is a false argument. The main reason of strong constitutional rigidity of both constitutions is the prevailing concept of constitution as a political instrument used by different serbian political elites aiming to save their ruling positions as much as possible. The highly complex amending procedure is not a pure tehnicallity. It could serve as one of the most effective instrument for conservation a political regime in power. The author pays special attention to the amendment procedure in the Constitution of 2006. He considers that the amendment procedure, as a rule, should be concentred (and finished) in the National Assembly. The obligatory constitutional referendum should be preserved as an exceptional tool in relation with amending the fundamental principles of the Constitution (for example, those which form the concept of legal state or the rule of law).

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