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Serbia prepares measures defining its status as Serbia-Montenegro’s successor
Belgrade,
1 June 2006
Serbian Prime Minister Vojislav Kostunica said today that a package of measures defining Serbia’s status is currently being prepared so as to resolve relations between the Republic of Montenegro and the Republic of Serbia as state and legal successor of Serbia-Montenegro.
In a press conference held after a government session, Kostunica repeated that following the decision of President of the Montenegrin Referendum Commission Frantisek Lipka, the Serbian government once again confirmed the Republic of Serbia will take over the state and legal continuity of Serbia-Montenegro and become the successor of the state union in accordance with the state union’s Constitutional Charter.
The newly emerged situation will, however, not change the respect toward the Montenegrin people and the history and culture of Montenegro, Kostunica pointed out and said that Serbia is obliged to define its authority arising from the Constitutional Charter in the shortest time possible.
After Montenegro officially declares its independence, Serbian parliament will pass a resolution declaring that Serbia thus takes over the state and legal continuity of the state union and the Serbian government will pass all regulations necessary to achieve this, the Serbian Prime Minister said.
Kostunica said that these measures include amending the Law on ministries and adopting a law on the reorganisation of institutions and services of the former state union’s Council of Ministers, which will practically mean that Serbia will take over those institutions that are necessary while the rest will be closed down.
Serbia will also have to take over Serbia-Montenegrin laws necessary for rounding up its state and legal subjectivity as well as to declare those unnecessary laws void, Kostunica explained.
The Prime Minister recalled that the Serbian government supported the idea of common state with Montenegro as it believed that a common state would satisfy the interests of both Serbia and Montenegro in the best way and added that this idea had majority support in Serbia.
After the October 5, 2000 changes, Serbia made efforts to preserve the state union despite everyday problems in its functioning and despite the fact that Montenegrin authorities were constantly sending requests for independence, Kostunica said noting that Montenegrin officials refused to take part in the federal administration until the Constitutional Charter was adopted in March 2003, when Serbia even agreed to some solutions which were inappropriate to the concept of a common state.
He reiterated that Serbia made no move which would have had imperiled the common state and added that as for historic responsibility, Serbia cannot be blamed for the separation.
On the contrary, Serbia showed extreme patience and huge responsibility to do everything it could to preserve the common state, Kostunica said and stressed that “we did not do it for some day-to-day political interest, but because we strongly believed that it is essentially important both for Serbia and Montenegro to preserve the state union and also because we believed in crucial European ideas and values, that is, integration and not disintegration”.
More than a year ago, the Serbian government insisted that the Constitutional Charter be respected by calling regular parliamentary elections for the state union’s parliament, which is why Serbian parliament enacted the Law on elections, Kostunica said. However, the authorities in Montenegro refused to obey the provision from the Constitutional Charter, the Serbian Prime Minister said, noting that the insisting of the Serbian government did not find appropriate support from the EU either.
What the EU demanded was that Belgrade and Podgorica make a political agreement, which actually means that the two republics were to agree on how to disobey and break the Constitutional Charter, the Prime Minister said adding that instead of elections, there was a referendum in Montenegro under the EU umbrella.
According to Kostunica, the Serbian government did not influence the referendum procedure in Montenegro but only said that it would have been humane if Montenegrin citizens living in Serbia, some 270,000 of them, were given the right to cast ballots in the referendum.
The result was the complete opposite – Montenegrin citizens who live anywhere else on planet but in Serbia could have voted in the referendum, Kostunica said noting that the EU accepted the stance of the Venice Commission.
The stance of the Venice Commission suggesting a 55% threshold for a Montenegrin independent state can hardly be explained, Kostunica said and added that the Serbian government thought that an absolute majority is necessary for an independence referendum, which means more than 50% of registered voters, the practice used in Canada.
The EU had a decisive role in defining conditions for the referendum in Montenegro, Kostunica said noting that the voice of EU’s representative in the Montenegrin Referendum Commission, Frantisek Lipka, was crucial for the whole process.
Serbia’s impending job to define its legal and state status cannot be complete without passing its new constitution, the Prime Minister noted and added that in a government session today he informed government members on talks he had with parliament Speaker Predrag Markovic yesterday on how to speed up activities that would result in Serbia’s new constitution.
In spring 2004, parliament passed a document on launching activities to change the Constitution, and a few months later the government presented its draft of the constitution as a proposal of the ruling coalition while the President of Serbia also offered his proposal, Kostunica said noting regretfully that despite all that, no progress has been achieved in this field. However, after meeting the parliament speaker yesterday, Kostunica expressed a dose of optimism.
The adoption of Serbia’s new constitution at this moment would round up the country’s state and legal system and put up good foundations for the functioning of the state, Kostunica said.
A constitution gets its most complete and essential legitimacy if it gains the support of all political forces in the country, which makes it long-lasting, Kostunica said and added that all relevant political forces in Serbia are aware that the country needs to get a new constitution as soon as possible. He also pointed out that this is the common task and not just the job of the government.
Kostunica also called on the public and media to address this topic with much interest, stressing that there is no other more important topic at this moment for Serbia.
He also expressed optimism about the announced constitution talks and said that he expects first results to be seen in a week’s time.
The newly emerged situation will, however, not change the respect toward the Montenegrin people and the history and culture of Montenegro, Kostunica pointed out and said that Serbia is obliged to define its authority arising from the Constitutional Charter in the shortest time possible.
After Montenegro officially declares its independence, Serbian parliament will pass a resolution declaring that Serbia thus takes over the state and legal continuity of the state union and the Serbian government will pass all regulations necessary to achieve this, the Serbian Prime Minister said.
Kostunica said that these measures include amending the Law on ministries and adopting a law on the reorganisation of institutions and services of the former state union’s Council of Ministers, which will practically mean that Serbia will take over those institutions that are necessary while the rest will be closed down.
Serbia will also have to take over Serbia-Montenegrin laws necessary for rounding up its state and legal subjectivity as well as to declare those unnecessary laws void, Kostunica explained.
The Prime Minister recalled that the Serbian government supported the idea of common state with Montenegro as it believed that a common state would satisfy the interests of both Serbia and Montenegro in the best way and added that this idea had majority support in Serbia.
After the October 5, 2000 changes, Serbia made efforts to preserve the state union despite everyday problems in its functioning and despite the fact that Montenegrin authorities were constantly sending requests for independence, Kostunica said noting that Montenegrin officials refused to take part in the federal administration until the Constitutional Charter was adopted in March 2003, when Serbia even agreed to some solutions which were inappropriate to the concept of a common state.
He reiterated that Serbia made no move which would have had imperiled the common state and added that as for historic responsibility, Serbia cannot be blamed for the separation.
On the contrary, Serbia showed extreme patience and huge responsibility to do everything it could to preserve the common state, Kostunica said and stressed that “we did not do it for some day-to-day political interest, but because we strongly believed that it is essentially important both for Serbia and Montenegro to preserve the state union and also because we believed in crucial European ideas and values, that is, integration and not disintegration”.
More than a year ago, the Serbian government insisted that the Constitutional Charter be respected by calling regular parliamentary elections for the state union’s parliament, which is why Serbian parliament enacted the Law on elections, Kostunica said. However, the authorities in Montenegro refused to obey the provision from the Constitutional Charter, the Serbian Prime Minister said, noting that the insisting of the Serbian government did not find appropriate support from the EU either.
What the EU demanded was that Belgrade and Podgorica make a political agreement, which actually means that the two republics were to agree on how to disobey and break the Constitutional Charter, the Prime Minister said adding that instead of elections, there was a referendum in Montenegro under the EU umbrella.
According to Kostunica, the Serbian government did not influence the referendum procedure in Montenegro but only said that it would have been humane if Montenegrin citizens living in Serbia, some 270,000 of them, were given the right to cast ballots in the referendum.
The result was the complete opposite – Montenegrin citizens who live anywhere else on planet but in Serbia could have voted in the referendum, Kostunica said noting that the EU accepted the stance of the Venice Commission.
The stance of the Venice Commission suggesting a 55% threshold for a Montenegrin independent state can hardly be explained, Kostunica said and added that the Serbian government thought that an absolute majority is necessary for an independence referendum, which means more than 50% of registered voters, the practice used in Canada.
The EU had a decisive role in defining conditions for the referendum in Montenegro, Kostunica said noting that the voice of EU’s representative in the Montenegrin Referendum Commission, Frantisek Lipka, was crucial for the whole process.
Serbia’s impending job to define its legal and state status cannot be complete without passing its new constitution, the Prime Minister noted and added that in a government session today he informed government members on talks he had with parliament Speaker Predrag Markovic yesterday on how to speed up activities that would result in Serbia’s new constitution.
In spring 2004, parliament passed a document on launching activities to change the Constitution, and a few months later the government presented its draft of the constitution as a proposal of the ruling coalition while the President of Serbia also offered his proposal, Kostunica said noting regretfully that despite all that, no progress has been achieved in this field. However, after meeting the parliament speaker yesterday, Kostunica expressed a dose of optimism.
The adoption of Serbia’s new constitution at this moment would round up the country’s state and legal system and put up good foundations for the functioning of the state, Kostunica said.
A constitution gets its most complete and essential legitimacy if it gains the support of all political forces in the country, which makes it long-lasting, Kostunica said and added that all relevant political forces in Serbia are aware that the country needs to get a new constitution as soon as possible. He also pointed out that this is the common task and not just the job of the government.
Kostunica also called on the public and media to address this topic with much interest, stressing that there is no other more important topic at this moment for Serbia.
He also expressed optimism about the announced constitution talks and said that he expects first results to be seen in a week’s time.
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