Thursday, 11 September 2003
10th Session of the Constitutional Commission Held
The Constitutional Commission held the tenth session on September 11, 2003 at 12.30 h. Mr. Vladan Batic, Ph.
The Constitutional Commission held the tenth session on September 11, 2003 at 12.30 h. Mr. Vladan Batic, Ph. D., presided over this session.
Problems caused by non-participating of some members in the Commission's work were considered on this session.
Present members unanimously adopted the suggestion according to which the Constitutional Commission shall send the following memorandum to the National Assembly President:
" Dear Mrs. Micic,
Pursuant to the Law on the Manner and Procedure of Changing of the Constitution of the Republic of Serbia (Official Gazette of RS, No. 39/03), the National Assembly of the Republic of Serbia has made the Decision on Election of the Constitutional Commission Members (Official Gazette of RS, No. 44/03).
The Constitutional Commission started the work on May 9, 2003 by enactment of the Rules of Procedure as well as by establishment of three sub-committees: The Basic Issues and Coordination Sub-Committee, The Human Rights Sub-Committee and the Territorial Organization Sub-Committee.
Both the Basic Issues and Coordination Sub-Committee and the Human Rights Sub-Committee completed on the whole, and the Territorial Organization Sub-Committee in principle, the parts of the First Draft of the Constitution entrusted to them.
For the purpose of completion of the final version of the Draft Constitution by the Constitutional Commission, it is necessary for all the members to declare their opinions (to vote). Pursuant to the Provision of the Article 10, Paragraph 3 of the Constitutional Commission Rules of Procedure, it is provided for the Commission to make decisions by the total membership majority vote (absolute majority). That means that 14 votes in favour are necessary for any decision to be made.
In the meantime, some Constitutional Commission members left the Commission, either formally (by the communication in writting), as Mr. Milos Lukic (SUP) did, or by means of statements given through the media - as the representatives, Messrs. Dragan Jocic, Dejan Mihaljov and Djordje Mamula (DPS) did without any statement in writing; or whether by passive presence or by non-participation in the work of the Constitutional Commission - as Messrs. representatives Zoran Andjelkovic, Zarko Obradovic, Ph. D., and Dragan Todorovic (SPS) did.
In the situation of the kind it is hardly possible to ensure the absolute majority of total membership of the Commission due to, often justified, absence of some active members of the Commission.
In these circumstances the further work of the Constitutional Commission has been paralyzed and making up of the Draft Constitution has been decelerated.
Having in mind the importance of making the Constitution up, I would ask you to ensure for the Republic of Serbia National Assembly to resolve this situation, through the competent agency, by interpreting it, among the other things by answering the question: whether the analogue application of the provision of the Article 43, Paragraph 2 of the Rules of Procedure of the National Assembly of the Republic of Serbia is possible.
I would like to ask you to ensure for the competent committee of the Republic of Serbia National Assembly to declare its position on the matter URGENTLY, in order to make possible for the Constitutional Commission both to resume the work and to complete the Draft Constitution of Serbia in a short term. After that, the Draft Constitution would be sent to a public hearing.
Mr. Vladan Batic, Ph. D.,
The President "