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2007 Annals Fac. L. Belgrade Int'l Ed. 4 (2007)

handle is hein.journals/annabel2 and id is 1 raw text is: ORIGINAL ARTICLES UDK 342.4(497.11)2006 Ratko Markovi6 REPUBLIC OF SERBIA CONSTITUTION OF 2006 - A CRITICAL REVIEW* Even though the new Constitution in Serbia had been under way for a long time, the draft Constitution that became the Constitution itself was drawn up in haste and unexpectedly, and the procedure of the adoption thereof was the fastest possible one. For all that, no formal legal breaches of the constitution adoption procedure, as specified by the 1990 Constitution, took place, but the objection that the new Constitution was part of the political compromise of the three largest parliamentary political parties, while the broader political and the entire professional community had been excluded, can hardly be ignored There were two main reasons for such great haste. One was to pre-empt the decision, potentially adverse for Serbia, of the Security Council on Kosmet' status, which has been under international military and civil administration since 1999, in a way that the Constitution would state that Kosmet is ,, within the sovereign country of Serbia. Since the constitution is to be endorsed at the referendum by a majority of the total number of voters in the Republic of Serbia, this attitude would have the protection of the highest level of legitimacy. The other reason for the ,, lightning quickness of the adoption of the Constitution is that Serbia, having become an independent and sovereign country after the secession of Montenegro from the state union of Serbia and Montenegro, which was, apparently, not expected to happen, should be given an appropriate constitution, which would express her new ,, country status . That the new Constitution was not drawn up in a highly studious manner is best shown by its unacceptably numerous and inexplicable nomotechnical faults, a number of which will create problems in the enforcement of the Constitution. Moreover, Serbia, in its rich constitutional history, has never had a more illiterate * Due to the importance of the subject matter examined in this paper and the current interest it excites, as well as because of the impossibility to shorten it, in spite of the good will and readiness of the author, Prof. Ratko Markovi6, without jeopardizing the analysis performed and arguments presented. the editorial board decided that, in this case only, the departure from the standard length of articles published in The Annals should be allowed Editor-in-Chief's note. 1 The author frequently uses the expression Kosmet, which is short for Kosovo and Metohia (Translator's note).

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