No. 26 ● May 2009

SYMMETRIC OR ASYMMETRIC ?

A public debate on constitutional try of its size,” he said. Constitu- revision begun even before Serbia’s tional amendments, as Tadic put it, new 2006 Constitution was de- should solve “the problem of region- clared. Dissatisfied with the consti- alization and decentralization.” “It tutional frame for Vojvodina’s wouldn’t be logical that only Vo- autonomy, the province’s autono- jvodina as a region has its rights de- mists mostly insisted on the issue. fined whereas other regions in Ser- At the Third Vojvodina Convention bia would also want the same rights last December they once again em- for themselves. Should we have Vo- phasized the need for constitutional jvodina only /with defined rights/ amendment. Some speakers at the Serbia would be an asymmetrical convention even said that autonomy state, which would permanently was no longer a frame that could generate instability. Quite soon we satisfy citizens of Vojvodina. Inabil- shall have to open this question too, ity of the ruling coalition to reach a and amend and improve our Consti- consensus on the draft Vojvodina tution vis-à-vis regionalization,” said statute just fueled their frustrations. Tadic. 1 In addition, the problems hampering parliamentary and governmental proceedings, and the imperative need to buffer political and economic effects of the global crisis brought constitutional amendment to the fore. In an interview with the Ve- cernje Novosti daily, President Boris Tadic said not only laws had to be revised but also the “very Constitu- tion in some parts.” “For instance, in the section providing the number of MPs. I personally see no reason why Serbia needs 250 MPs since 150 1 «Boris Tadic – Ready to Rein in the would be quite enough for the coun- Crisis,“ Vecernje Novosti, April 29, 2009.

1 Tricks and Survival amendment because only MPs from Belgrade and Novi Sad could be pre- Tadic’s statement met with clashing sent at a session rather than at least reactions at Serbia’s political scene. one MP from each town. 7 Zeljko “Those are dangerous and silly sto- Ivanji of the G17 Plus asked himself, ries,” said Dragan Sormaz of the “Why should we be concerned just Democratic Party of Serbia (DSS). “If with the number of MPs and small it’s true that he intends to have the political parties? By such logic, we Constitution amended, it seems to need to reconsider state officials’ me that his has dangerous plans for immunity, which is too broad in my state order, and if it’s only about a view, but also the procedure of elect- marketing trick then it’s yet another ing the President of the Republic. All in the series of Boris Tadic’s decep- those issues can be rearranged in tions.” 2 different ways. 8 According to Andreja Mladeno- “The Liberal Democratic Party vic, Sormaz’s party colleague, “fewer has been warning for long that most members of the cabinet do not ne- constitutional solutions the amend- cessitate constitutional amendment ment of which is in the focus now but just common sense.” For him, are bad,” said Zoran Ostojic. 9 Ac- Tadic’s statement was “barren cording to Branko Ruzic, head of the propaganda.” 3 Tomislav Nikolic, parliamentary caucus of the Social- leader of the Serbian Progressive ist Party of Serbia (SPS), his party Party (SNS), shares his view. “The would not join the discussion on the President’s marketing team has constitutional amendment and all again decided to present him to the parliamentary parties should have public eye as a man concerned with their say about the matter. 10 Momo the state,” said Nikolic. 4 His deputy, Colakovic, MP from the Party of Dragan Todorovic, asked himself, United Pensioners of Serbia (PUPS), “How come that all this occurred to backed Tadic but added that his him now rather than at the time the idea stood poor chances. 11 Rasim ruling coalition was being Ljajic, leader of the Sandzak Democ- formed…Fewer deputies would not ratic Party (SDP), also gave his sup- bring progress to Serbia. This is a port to the idea about fewer MPs but task for an efficient government, ca- added that a smaller cabinet was pable of coping with actual crisis,” more realistic as it did not necessi- said Todorovic. 5 “Tadic’s proposal is tate constitutional amendment. out of place,” commented Dubravka “What we should do now is to ac- Filipovski of the New Serbia party. complish what can be accomplished “The question is whether such pos- under governmental authority and sible amendment would secure a without a costly and endless proce- two-third parliamentary majority, dure. Here I have in mind a cutback but also whether Serbia could afford in the number of ministries, secre- the costs of a referendum to yes a taries of state and the people work- constitutional amendment,” she ing for the administration,” said Lja- said. 6 Dragan Markovic, leader of jic. 12 the Unified Serbia party that par- ticipates in the ruling coalition, said he would not back a constitutional 7 „: Proposed Constitutional Amendment Discloses the Regime's 2 „Are Constitutional Amendements Inability,“ www.rts.rs/sr/vesti Necessary?“ www.b92.net/info 8 Ibid. 3 „Opposition: Proposed Constitutional 9 „The Majority Decides the Fate of the Amendment Discloses the Regime's Constitution,“ www.novosti.rs Inability,“ www.rtv.rs/sr/vesti 10 “Tadic Announces Constitutional 4 Ibid. Amendment,“ www.politika.rs 5 “Tadic Announces Constitutional 11 Ibid. Amendment,“ www.politika.rs 12 „Are Constitutional Amendements 6 Ibid. Necessary?“ www.b92.net/info/vesti

2 “I wouldn’t know whether we forms,” as well as “his stance on the need more or less MPs but what I position of four SVM MPs within the know is that the Parliament should ruling coalition.” “Occasionally we be more efficient,” said Nenad Ca- are under the impression that our nak, president of the League of Vo- few MPs are being marginalized and jvodina Social Democrats (LSV). Ca- that draft law are submitted to us, nak insisted on constitutional therefore, as something final, as if change in the section on territorial we were in the opposition,” said Pas- arrangement, which is, as he put it, tor. 15 In an interview with the vital for Serbia’s survival. 13 Accord- Politika daily Pastor said he saw no ing to Vladan Batic, president of the reason for constitutional amend- Democratic Christian Party of Serbia ment when it came to Serbia’s re- (DHSS), Tadic’s statement directly gionalization. According to him, the correlates with the parliamentary position of future regions is crucial vote on budget rebalance. “In a way, in the initiative launched by Tadic. one can conclude between the lines “If that position is beyond the con- that this is all about blackmailing of stitutional frame, the Constitution sorts of the SVM (Alliance of Vo- must be changed,” he said. 16 In the jvodina Hungarians) to force them to opinion of Vladimir Todoric, editor of vote for budget rebalance,” said the “Serbian Legal Review,” region- Batic. 14 alization without constitutional amendment would give an upper Sumadija: a European Region hand to Vojvodina and secure the province a better constitutional posi- tion when compared with other re- gions as the Constitution would pro- vide it a status of a special prov-

15 „Constitution Not to Be Amended on the Account of Regionalization,“ May 6, 2009., www.politika.rs 16 SVM leader said much bigger politi- cal problem for him was the fact that “Con- stitution is not enforced due to the lack of political will to respect the Constitution in the circles that have voted it in the first place.” A special attention should be paid to a point he made in the said interview. It is common knowledge that the Al- Namely, referring to the possibility that re- liance of Vojvodina Hungarians gionalization results in a discrepancy be- (SVM) is not exactly happy with the tween a region and a province, and in estab- relations within the ruling coalition lishment of several regions within one prov- ince, he said, “A province and a region are and the dynamism of passing major not synonymous words but parallel notions.” laws (on Vojvodina’s competences, Stevan Lilic, president of Association of Law- national councils, etc.) Speaking of yers for Democracy, shares his view. “The his forthcoming meeting with the use of terms province and region is far from being irrelevant as it the term itself denotes President of the Republic, Istvan the very essence of the function of each,” Pastor, SVM leader, said he expected said Lilic. The incumbent Constitution allows the President to explain “his con- the possibility of establishing new provinces crete ideas about constitutional re- but refers not to regionalization in the man- ner it is referred to within the EU. “Over here,” continued Lilic, “regions are perceived 13 „Opposition: Proposed almost as districts whereas Europe speaks of Constitutional Amendment Discloses the the so-called Euro-regions that transcend Regime's Inability,“ www.rts.rs/sr/vesti national borders rather than of regions. And 14 „Tadic: Some Sections of the Euro-regions would hardly fit into Serbia’s Constitution Need Amendment,“ Mondo existing constitution frame.” „Constitution Agency, April 29, 2009. Bans Provinces,“ www.politika.rs

3 ince. 17 “Why Vojvodina should be end of May. 20 However, Suzana invested with more authority than Grubjesic of the G17 Plus said she other regions?” asked Veroljub Ste- doubted the two acts would be vanovic, president of the coalition adopted by that time. In her view, “Together for Sumadija.” In Stevano- the issues of regionalization and vic’s view, Serbia must be a decen- constitutional amendment have not tralized country of regions, in which been raised just to “hush up” and Sumadija would be invested with the postpone the statute and the law on same authority as any other Euro- transfer of authority. 21 pean region. 18 The asymmetry Boris Vojvodina has been waiting for Tadic referred to in his interview and its autonomy for two decades and Todoric underlined obviously frus- wait another year or two, said Nenad trates political actors. Canak (LSV). Giving support to Ta- dic’s initiative, Canak said, “Without Vojvodina Can Wait substantive decentralization and re- gionalization there is no stability in Since eight months after the draft the country. The proposed statute Vojvodina statute has been submit- anyway figures as a continuation of ted to the republican parliament for Milosevic’s policy and, therefore, the adoption the ruling coalition is still status of Vojvodina needs to be de- unable to reach a consensus on it – fined through constitutional due, among other things, to the amendment.” 22 Other political actors afore-mentioned frustration – some too, 23 at least those concerned with begun to interpret President Tadic’s the country’s modernization, spoke initiative as a skillful maneuver to in favor of constitutional amend- postpone the statute’s adoption. By ment but also warned – like Ivanji opening up the question of region- and Ljajic – that that implied a long alization, says DSS Vice-President and costly process to be tackled with Borko Ilic, the regime admits that it great care. 24 On the other hand, is divided over the Statute of Vo- politicians using intensive national jvodina. Ilic reminds that DS has rhetoric interpreted Tadic’s idea as turned refused to consider regionali- nothing but a trick, an attempt to zation when DSS came up with it. divert public attention from “incapa- “Now when the state is deep in prob- ble government” and preparation of lems and a statute that turns a province into a state is on the 20 Ibid. agenda, the cornered regime initi- 21 “Midsummer Night’s Dream in ates constitutional amendment and May,” Dnevnik, May 11, 2009. Ms. Grubjesic creates additional confusion,” he also said, „The law to be adopted only says. 19 Dragoslav Petrovic, head of transfers authority from Belgrade to Novi Sad, not to Sid, Kovin, Sombor, the “” caucus Zrenjanin...The law actually keeps Vojvodina in the provincial parliament, op- centralized, whereas real decentralization posed such interpretation by saying, necessitates tranfer of authority to local “The statute has nothing to do with communities.“ 22 Ibid. regionalization and amendment of 23 „We are not satisfied with many the Constitution.” He said he be- constitutional provisions but whether or not lieved a law on transfer of authority, we shall support constitutional amendment along with a new statute of Vo- hinges on the final official draft,“ said Istvan jvodina, would be adopted by the Pastor. 24 According to Ivanji, unless the draft obtains parliamentary support, which it uncertain at this point, it will be impossible to place it on the agenda in another year to 17 „Constitution Bans Provinces,“ come. Slobodan Vucetic, former president of www.politika.rs the Constitutional Court of Serbia, says that 18 „Same Rights for Sumadija and constitutional amendment entails „a Vojvodina,“ Nedeljni Telegraf, May 6, 2009. dragging procedure“ and, therefore, the task 19 „Same Rights for Everyone,“ should not be undertaken for the sake of www.novosti.rs petty changes.

4 the terrain for new elections. “A pos- Conclusion sible scenario is as follows: when the regime finds itself in a dead alley The idea about constitutional and the country on the verge of col- amendment is not a new one and lapse, the question of constitutional President Tadic is not the first to reform is raised. As it is already ob- raise the issue. His initiative re- vious that the reform will not get vealed the splits within the ruling parliamentary support that will be coalition but also strong opposition an excellent alibi for calling elec- to centralization by some politicians tions,” said Milos Aligrudic, head of dreading that would “boil down Ser- the DSS parliamentary caucus. 25 bia to Belgrade pashahood.” 26 Tadic justified his initiative by reduction of expenditure and more efficient par- liament. He spoke about the need to reduce the number of MPs and change electoral laws and the laws on registration and financing of po- litical parties rather than about, say, the need to restrict the influence of the executive power, turn MPs from partisan delegates into real repre- sentatives of citizens, and the par- liament into real legislative power and mouthpiece of popular will. Without such substantive changes Serbia remain shackled by partoc- racy. Tadic’s idea about Serbia’s stabilization and arrangement as a symmetrical state through regionali- zation and decentralization with other regions enjoying the same rights as Vojvodina still needs to undergo serious “consideration” (by autonomists and other political ac- tors). What can be said for sure at this point is that “symmetry” will ensure Vojvodina less than it ex- pects and demands, while the re- gime will secure for itself more space to maneuver and cope with various “conditioning” including those from Vojvodina. However, the real ques- tion is, “Is Vojvodina’s asymmetric position a true source of instability?” Regionalization does not imply symmetry, on the contrary – it im- plies asymmetry, i.e. different de- grees of autonomy for regions de- pending on their specific historical, political, cultural and social charac- teristics.

26 „Tadic Announces Constitutional 25 Ibid. Amendment,“ www.politika.rs

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