Photo: Tanjug / Dragan KujundžićThis, almost one-party parliament, not only needs to "push through" changes to the Constitution in accordance with the EU's expectations, but is perhaps the only one that can actually do it, because it requires a two-thirds majority in the Assembly. Now a unique political momentum has been created to move things from the deadlock. Any delay would mean a disaster for EU integration and wasting many more years of our lives
Should there be a referendum on January 16 and, if so, should the question be answered with yes or no? Let me answer this question right away - go out and circle YES. And here's why.
The Venice Commission (VK) highlighted two key shortcomings in the 2006 Constitution, one year after its adoption. The first is the insufficient independence of the judiciary, which is reflected in the excessive role of the Parliament during appointments to the judiciary.
The aim of adopting the amendments that will be voted on in the referendum is to remove this deficiency. However, the executive branch likes to emphasize that the amendments improve the efficiency of the judiciary, which is incorrect, but it does not sound bad, that is, it is good. spin moves. At the same time, messages are coming from the top of the legislative authority that it is about "elections" because "judges want to be chosen differently", which is partly true, but the tendentious use of the word "elections", which is primarily associated with politicians, i.e. some kind of political flattery , aims to further disgust citizens with an already unpopular judiciary.
The VC defines the second most important shortcoming as follows: "The basic concern in relation to the Constitution refers to the fact that in Article 102, MPs are individually subordinated to the party leadership".
Therefore, the amendment of the Constitution in the part related to the judiciary is Serbia's obligation for almost 14 years, and when you add to that the findings of the GRECO Group of States for the Fight against Corruption from 2015, as well as the European Commission's report on Serbia's progress in the integration process already years ago, you get a clear picture of what will be decided on January 16.
The process of amending the Constitution came into effect in 2018 and continued after the 2020 elections, when the Government once again sent the Proposal for amending the Constitution to the Parliament. Civil society participated in all steps, which included 11 public hearings and consultations on two opinions of the VC on the proposed text of the amendment, while the so-called extra-parliamentary opposition was ruled dead. I am not counting the occasional outbursts that Soros will choose judges, against the seizure of Kosovo, against the introduction of mandatory vaccinations and covid passes.
Therefore, the Constitution does not change suddenly, the public debate has been going on since 2018 at least, and before the current convocation of the Assembly for almost a year, during which, to be fair, only those who did not want to speak about the constitutional amendments did not.
The EU is not innocent in this whole business, first of all, because it did not prioritize the changes in the Constitution in the part related to the judiciary and the above-mentioned change in the part concerning "the fact that MPs are individually subordinated to the party leadership" as a priority in the negotiations. The same applies to other objections to the Constitution from 2006, such as the improvement of the provisions concerning the protection of human rights, and the very method of amending the Constitution.
We should be fair and admit that the government's maneuver to finish the work on the amendments and put them to a referendum within the time limit provided by the Action Plan for Chapter 23 has put the democratic opposition in an unenviable position. If he supports the amendments, he will regret it, and if he does not support them, he will regret it. But it is a matter of political skill and the ability for the opposition to sometimes create "win win“ situation.
The conclusion is that this, almost one-party parliament, should not only "push through" the proposed constitutional changes, but may also be the only one that can actually do so, because it requires a two-thirds majority in the Assembly.
Let me finish with a few more facts. The Constitution of Serbia is the oldest of all constitutions in the Western Balkans. All societies in the region have found the strength to reform their constitutions, and Serbia, as with other issues, has been too decentralized until now. Now a unique political momentum has been created to move things from the deadlock, and in the right direction. The train left the station. Any delay would mean a disaster for EU integration and wasted many more years of our lives.
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