TheStatute of the Autonomous Province of Vojvodina(Serbian:Статут Аутономне Покрајине Војводине,romanized:Statut Autonomne Pokrajine Vojvodine), enacted in its contemporary form in 2014, stands as the paramount legal document outlining the fundamental principles governingVojvodinawithin the framework of theConstitution of Serbiaand national laws.[1]This statute, adopted by theAssembly of Vojvodinawith the approval of theNational Assembly of Serbia,delineates the region's autonomy, with specific provisions related to various aspects of it. Vojvodina, a region with a rich historical and cultural tradition, has experienced varying degrees of autonomy over the years, influenced by geopolitical shifts and historical events.
| Statute of Vojvodina Статут Војводине | |
|---|---|
 | |
| Assembly of Vojvodina(with the assent of theNational Assembly) | |
| |
| Territorial extent | Vojvodina |
| Enacted by | Assembly of Vojvodina(with the assent of theNational Assembly) |
| Enacted | 2014 |
| Related legislation | |
| Constitution of Serbia | |
| Status:In force | |
History
edit
Over the years Vojvodina introduced multiple fundamental legal documents that increased of decreased the level of the provincial autonomy.[1]Serbcommunities settled in the southern parts of theKingdom of Hungary(Syrmia,Bačka,Banat,Slavonia,Baranya) already during theMiddle Ageswith their numbers further increasing with theGreat Migrations of the Serbs.Serbs requested various autonomous territorial and cultural rights on multiple occasions including at the 1790 Council of Timisoara, 1848May Assemblyand 1861Annunciation Council.[1]Austrian EmpireandAustria-Hungarynevertheless limited Serb autonomy toEastern Orthodoxreligious and schooling self-government, particularly after the abolition of theSerbian Vojvodinain 1849 andVoivodeship of Serbia and Banat of Temeschwarin 1860.[1]Requests for Serb territorial autonomy were silenced until the beginning of theWorld War Iand the end of the empire.[1]The experience and subsequent abolition of Serbian Vojvodina and Voivodeship of Serbia and Banat of Temeschwar nevertheless inspired cultural and political leaders amongPrečani Serbsadvocating for unification of closer links with thePrincipalityandKingdom of Serbia.[2]
On November 25, 1918, theGreat National Assembly of Serbs, Bunjevci and other Slavsproclaimed unification of theBanat, Bačka and Baranjawith theKingdom of Serbiasoon leading to the creation of theKingdom of Serbs, Croats and Slovenes(Yugoslavia).[2]The unification was perceived as a realization of major political objectives of theSerbs in Vojvodinalimiting most of the further claims for autonomy in theInterwar periodand withNovi Sadserving as a seat of theDanube Banovina.[1]Only some political and cultural leaders such asVasa Stajićadvocated for preservation of Vojvodina's distinctiveness within the new state.[2]
Socialist Yugoslavia
editDuring theWorld War II in YugoslaviatheAnti-Fascist Council for the National Liberation of Yugoslaviaestablished the Main National Liberation Committee for Vojvodina in 1943 with the body confirming once again the union with thePeople's Republic of Serbiawithin theFederal People's Republic of Yugoslavia.[1]During the war,Yugoslav partisansestablished a strong presence in the region and fought against the division of Vojvodina between the Nazi puppetIndependent State of Croatia,German-ruled BanatandHungarian occupied areasadvocating instead for the post-war multicultural autonomous Vojvodina in new Yugoslavia.[2]
Presidium of the People's Republic of Serbia introduced the first newLaw on the Organization of the Autonomous Province of Vojvodinaalready in 1945.[1]In 1948Autonomous Province of Vojvodina,with the assent from the republic, introduced its first Statute defining Vojvodina as an autonomous region within Serbia and reaffirming the right for the Presidium of Serbia to scrap unconstitutional or unlawful provincial decisions.[1]Following the 1948Tito–Stalin splitand the introduction of the principles of thesocialist self-management,in 1953 Vojvodina introduced the new Statute, this time independently and without republican assent preventing the right of the republican bodies from scaping provincial decisions.[1]
In 1963 the third Statute was introduced expanding provincial autonomy, elevating the administrative status of Novi Sad, and introducing the Supreme Court of Vojvodina as a branch of theSupreme Court of Serbia.[1]Already in 1969 Vojvodina expanded its autonomy once again by introducing theConstitutional Act of Vojvodinathat alongside Serbian was now directly subordinate to principles of the federalYugoslav Constitution.[1]The term national minorities was changed in the new Act to nationalities (narodnosti) while Novi Sad gained the status of thecapital cityof Vojvodina.[1]
In 1974 theSocialist Autonomous Province of Vojvodinaintroduced theConstitution of Vojvodinafollowing the introduction of the new federal level1974 Yugoslav Constitution.[1]The document with the long preamble and 430 articles introduced almost all of the elements enjoyed up until that time only by Yugoslav republics, introduced the independent Constitutional Court of Vojvodina and redefined the relations with the Socialist Republic of Serbia on the basis of common interest and provisions of republican and provincial constitutions.[1]The 1974 Constitution of Vojvodina represented the peak of the decentralization within Serbia with the late 1980sAnti-bureaucratic revolutioninitiated bySlobodan Miloševićrepresenting the sharp turn in the direction of the renewed centralization embodied in numerous constitutional amendments reaffirming the link with the republic.[1]The motivation for the change was the widespread perception of the Serbian political leadership that such a high level of autonomy put Serbia in highly unequal position compared to other Yugoslav republics.[2]Following the1990 Serbian constitutional referendumSerbia introduced a new constitution which led to the adoption of the new Statute of Vojvodina in 1991, as a simplebylaw,once again with the assent from the republic.[1]From 1993 onwards provincial bodies remained almost without any delegated power.[3]
Post-Cold War period
editFollowing the 2000Overthrow of Slobodan Miloševićthe newSerbian democratic governmentled byZoran Đinđićfirstly introduced the so-calledOmnibus lawin 2002 which reaffirmed certain provincial functions of Vojvodina.[2]Following the peaceful dissolution ofSerbia and Montenegroin 2006 Serbia effectively regained its sole independence not shared with any wider federation leading to the introduction of the new Statute of Vojvodina in 2008 with effect in 2009.[2]The basis for the new statute was introduced in the new 2006Constitution of Serbiawhich in article 185 defines the statute as the highest legal act of the province and with article 194 stating that it must follow constitutional provisions.[4]TheConstitutional Court of Serbiais entitled to decide on conformity of the Statute and other provincial regulations with the constitution and laws while the province can determine the provincial body which can make complains to the court in questions related to the protection of autonomous rights.[4]
The new statute strongly reaffirmed the autonomy but focused it primarily onexecutive powerwithout any substantial legislative, judicial and constitutional jurisdiction but with additional 2009 Omnibus law expanding the scope of areas of the provincial significance regulated by Vojvodina bodies and with ambiguous status of Novi Sad.[1]That same year theDemocratic Party of Serbiabrought the new Statute in front of the Constitutional Court of Serbia arguing that autonomous provisions are too broad and unconstitutional.[2]The court remained silent on the issue for the following three years publishing its decision only after the2012 Serbian parliamentary electionwhen a number of provisions of the 2009 Statute were declared unconstitutional, including on the capital city status of Novi Sad and provisions on independent cross-border cooperation of Vojvodina with other regions andEuropean Union.[2]The decision triggered substantial updates to the Statute which now defined Novi Sad as aadministrative centreand theseat of provincial bodieswhile the Government of the Autonomous Province of Vojvodina was renamed into the Provincial Government.[2]
Statute articles
editArticle 1.
Vojvodina is an autonomous province of the citizens who live in it, within the Republic of Serbia.
Vojvodina is a region in which traditional multiculturalism is preserved, and other European principles and values.
AP Vojvodina is an inseparable part of Serbia.
Article 6. National rights:
In Vojvodina, the Serbs, Hungarians, Slovaks, Croats, Montenegrins, Romanians, Roma, Bunjevci, Ruthenians and Macedonians, as well as other numerically smaller national communities that live in it, are equal in exercising their rights.
Among the statute's 70 other articles are guarantees ofhuman rights,minority rights,the use of the minority languages and Alpha bets, and the banning ofcapital punishmentandhuman cloning.In official use is theSerbian Languageand Cyrillic Alpha bet and minority languagesHungarian,Slovak,Croatian,RomanianandRuthenianand their respective Alpha bets, in accordance with the law and the provincial Assembly decision.
See also
editReferences
edit- ^abcdefghijklmnopqrOrlović, Slobodan Petar (2014)."Највиши правни акти у аутономији Војводине"[The Highest Legal Acts in Vojvodina's Autonomy].Zbornik radova Pravnog fakulteta u Novom Sadu.48(2):257–288.doi:10.5937/zrpfns48-6767.
- ^abcdefghijĐukanović, Dragan (2016)."Vojvodina u post-jugoslavenskome kontekstu: nastavak suspendiranja autonomije"[Vojvodina in the Post-Yugoslav Context: Continued Suspension of Autonomy].Croatian Political Science Review.53(1):51–70.
- ^Korhecz, Tamàs (2008)."Јавноправни положај Аутономне покрајине Војводине"[Public Law Position of the Autonomous Province of Vojvodina](PDF).Glasnik Advokatske komore Vojvodine.68(9):355–372.
- ^abMilosavljević, Bogoljub (2013)."Pokrajinski statut i organizacija pokrajinske vlasti prema Ustavu Republike Srbije"[Provincial Statute and Organization of Provincial Governance in According to the Constitution of the Republic of Serbia].Pravni zapisi.4(2):467–475.
External links
edit- Statute of the Autonomous Province of Vojvodina(English translation)