Kritičko razmatranje Radnog teksta amandmana Ministarstva pravde na Ustav Republike Srbije (stranputice u tumačenju međunarodnih dokumenata)
Critical consideration of the Working text of the Constitutional amendemnts presented by the Ministry of Justice; (disordered interpretation of international documents)

Author(s): Goran P. Ilić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Government/Political systems, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Serbia; Constitution; amendemnts; working text; Ministry of Justice; critical considerations;
Summary/Abstract: The working text of the Amendment of Ministry of Justice on Consitution of the Republic of Serbia is critically considered by taking into account the recommendations of Commission of Venice and Council of Europe. The author introduces the objections in the current debate on the Constitutional Law, notably the necessity of including the public more extensively. The author then analyzes the proposed amendments regarding the election of Council members and Supreme Public Prosecutor. In the second section, the author critically considered jurisdiction in organizing the public prosecutor's office. The third section focues on jurisdiction and organization of High Council of Prosecutors. The general conclusion is that international documents are only partially considered by the authors of the Working text. Partial arguments and sentences out of context are taken into consideration in order to favor the understanding that prosecutors office should be a strict, centralized system, under the control of politics. Authors of amendments have not taken into account neither the new process roles of the prosecutor's office nor the fact that prosecutors office has been given jurisdiction in the procedure that used to belong to the courts, all of which require the organization of the prosecutor office primarily as an independent institution.

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