04. 10. 2013

ANEM REACTS ON THE DECISION OF THE CONSTITUTIONAL COURT TO DECLARE UNCONSTITUTIONAL CERTAIN PROVISIONS OF THE LAW ON PROTECTION OF RIGHTS AND FREEDOM OF NATIONAL MINORITIES

Belgrade, October 4, 2013 - ANEM welcomes the decision by the Constitutional Court of the Republic of Serbia dated 3 October 2013 which declares unconstitutional certain provisions of the Law on Protection of Rights and Freedom of National Minorities.

The Constitutional Court of the Republic of Serbia established at the session held on 3 October 2013 that a part of the Article 17 paragraph 2 of the Law on Protection of Rights and Freedom of National Minorities (published in "The Official Gazette of the FRY" N. 11/02 and "The Official Gazette of the RS" No. 72/09), which says that "... is also allowed to found special radio and television stations that would broadcast programme in languages of national minorities", violates the Constitution. (Case No. IUz-27/2011).

We remind that already on 28 January 2011, ANEM in cooperation with its Legal Department - the Legal Office "Zivkovic & Samardzic" - submitted to the Constitutional Court a request for judgment on constitutionality of certain provisions of the Law on Protection of Rights and Freedom of National Minorities, the Law on National Councils of National Minorities, the Law on Local Self-Government and the Law on the Capital City, all in relation to the right of "legal entities" to found media outlets, which was in direct violation of the media laws - the Law on Public Information and the Law on Broadcasting. The request pointed out that certain provisions of these laws were violating the Constitution, the accepted rules of the international law and signed international agreements, especially because of the fact that the development of the media system crucially requires establishment of a functional media market, a precondition for which is a creation of equal conditions for all its participants. In the existing circumstances, characterized by simultaneous operation of privatized and non-privatized media outlets, with unequal position in the market to the detriment of the private media outlets, this is not possible to achieve.

The Constitutional Court decided to separate the legal proceedings related to the laws on protection of rights of national minorities. Acting on the request filed by ANEM (Decision No. IUz - 27/2011 dated 12 December 2012), the Court started proceedings with the purpose of adjudicating constitutionality of the disputed provision of the Article 17 of the Law on Protection of Rights and Freedom of National Minorities, establishing that the controversial provision relates to the question whether the current legal framework allows the state to found radio and television stations apart from the public service broadcaster, established in accordance with the law. This kind of interference of the government in the exercise of the right on the freedom of expression in this case has no legitimate basis stipulated by the Article 10 Paragraph 1 of the European Convention, nor is such involvement necessary or proportionate in a democratic society.

After this decision of the Constitutional Court, it is clear that harmonization of contradictory laws should be considered a highest priority within a legal system. Therefore it is not sufficient to end the process with this provision and all similar provisions from the remaining listed laws should be removed from the legislation as soon as possible.

ANEM President, Sasa Mirkovic