Saturday, 5 July 2003

13th Session of the Constitutional Commission`s Basic Issues and Coordination Sub-Committee Held

On the Constitutional Commission's Basic Issues and Coordination Sub-Committee session, held today, the work on issues concerning the Preamble, Basic Provisions and the state authority organization had been resumed.


On the Constitutional Commission's Basic Issues and Coordination Sub-Committee session, held today, the work on issues concerning the Preamble, Basic Provisions and the state authority organization had been resumed.

In the course of discussion on the Preamble, the Sub-Committee basically agreed to offer the previous formulation to the Constitutional Commission to adopt.

Issues of the Assembly name, composition and the manner of work were discussed within the framework of the topic of state administration organization. The name of National Assembly has been accepted as its name to be kept. There was a separate discussion on both rights and privileges originated from a mandate. It was emphasized that the institution of immunity was not in the function of the representative's political and personal integrity protection only, but that it was in the function of realization of both role and responsibility of the Parliament as the highest representative body and the repository of the legislative power, as well.

In the course of constructive, and from time to time dynamic discussion, the issue of representatives' repeal, e. g. cessation of their mandates, especially in the case of both war and state of emergency, was discussed. It was emphasized, in the context of it, that the representatives' mandate shall be necessarily prolonged during these developments, e.g. up to three months after these states ceased.

It was concluded, in the course of the discussion, that the Draft Provision according to which the National Assembly representatives could not be state officials, The Autonomous Province Assembly representatives or committee delegates, should be specified in the frame of the general provision on both incapability of offices of being joined and on the conflict of interests.

On the second day of the Constitutional Commission's Basic Issues and Coordination Sub-Committee session, held on July 8, the Sub-Committee discussed issues referring to organization of the state administration. Topics of reconciliation were provisions on competencies, on the public character of work and of the National Assembly dismissal, on the right of legislative initiative, on referendum as well as on competencies of the Parliament in the course of both war and emergency state.

On the third day of the session (July 11), the Constitutional Commission's Basic Issues and Coordination Sub-Committee continued to discuss issues referring to organization of the state administration. Topics of reconciliation were provisions defining the function, manner of election, tenure of office and immunity of the President of the Republic. More detailed regulation of incompatibility of presidential function with political, public and professional functions was the issue of reconciliation as well. The need for institution of a counter-signature on normative deeds of the President of the Republic was discussed too.

On the fourth day of the session (July 16), the Constitutional Commission's Basic Issues and Coordination Sub-Committee continued the work on constitutional provisions defining the manner of election, release and resignation of the President of the Republic. The topic of more detailed discussion was regulation of both temporary prevention from carrying out of the presidential function and cessation of tenure of office of the President before the end of term of office for which the President was elected.

The Sub-Committee members discussed suggestions referring to the composition, manner of election and tenure of the Government, as well as issues of immunity, responsibility and resignation of members of the Government.

On the Fifth Day of the session (July 17), the Constitutional Commission's Basic Issues and Coordination Sub-Committee discussed the provisions referring to organization of the state administration.

The Sub-Committee members came to the agreement that the Constitution should define judiciary status as well as guarantees of independence of both judges and courts. The Sub-Committee established a task force due to prepare, on the basis of debate results, a draft constitutional chapter referring to the judicial authority. The draft shall include the following constitutional categories: legal profession, public notary's office, institution of free judicial help, ombudsman, auditing court and the High Judiciary Council as an independent agency, as well as the public attorney's office.



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