Aleksandar Vučić, while exercising the function of the President of the Republic, abusing his constitutional position, abolished the supreme constitutional motto of the rule of law (Article 3 of the Constitution of Serbia) and parliamentary civil democracy in Serbia (Article 1 of the Constitution). He replaced them with his personal regime - autocratic, authoritarian government (contrary to paragraph 2 of Article 2 of the Constitution), with the help of a party camarilla blindly subservient to him.
Thus, among other things, he:
1. By word and deed, he incites the sharp division of Serbia into supporters and opponents, generates deep internal divisions and massive street turbulence, especially in the role of the leader of the ruling political party - instead of embodying, as the president of all citizens of Serbia, the constitutionally prescribed national unity (Article 111) - while avoiding public, open and reasoned social dialogue.
2. Aleksandar Vučić, as the head of the state, grossly violates the principle of separation of powers (Article 4), namely: by performing, that is, coordinating tasks that constitutionally exclusively belong to the Government - conducting internal and foreign policy in particular - but also by usurping certain competencies of the public prosecutor's office (Article 56) and public administration bodies (Art. 136-137), with clear and continuous political pressure on them (the case of Savamala is typical).
3. With his own comments on court work, criticisms and suggestions, he directly denies the principle of independence of the judiciary and judges (Article 142), thereby destroying the right to a fair trial (paragraph 1 of Article 32).
4. He encourages or/and directly restricts and stifles media freedoms (Article 50) with his entire attitude and attitudes - by different types of censorship of unruly newspapers, broadcasters and individuals, as well as the freedom of expression of citizens (Article 46), at the same time spreading the atmosphere of insecurity, fear and all kinds of violence (which is the antithesis of the right to freedom and security, Article 27).
5. It abundantly contributes and favors - along the chain of command - the systematic trivialization of other rights of citizens by the ruling political group.
Examples: - the right to free elections (Article 52) - tricks with election lists, impermissible influence on the will of voters, obvious procedural election irregularities, significantly defective, interfering with the supervision and verification of election results, etc.; - property rights (Article 58) - for example, irregular denial of part of pensions, banditry in Savamala; - the right to information (Article 51) - thus, unjustified refusal to exercise the right to access information of public importance (non-disclosure of key clauses of capital state business contracts, accepted conditions in connection with investments of strategic importance, as well as non-disclosure of the contents of certain other documents that are tricky for ruling caste); - the right to the protection of personal data (Article 42) - sending unsavory letters to pensioners at their home addresses, providing confidential information to their apparatchiks and tabloid regime media about opposition leaders and other persons who raise their voices against his dictatorship; - rights to work (Article 60) - waves of the so-called party employment, nepotism and corruption, brotherhood and other personal ties as a criterion, instead of expertise and ability, then humiliation of workers in diapers, gaffes with salaries and contributions...; - the right to equal participation in public affairs (Article 53) - the continuation of numerous employments selected in the public sector by order "from above", despite the express legal prohibition; - rights to environmental protection (Article 74) - regarding the construction of mini-hydroelectric power plants on rivers...; - the right to "develop..." turned into breaking the spirit of tolerance in the field of education, culture and information (Article 81), followed by the uncontrolled propagation of extreme primitivism, vulgarity (reality programs Cooperative, Couples) and hate speech, discrimination and disqualification of unwanted people - and other legal and ethical violations.
6. Without the knowledge and permission, i.e. the approval of the Supreme Leader, it was hardly possible to carry out a significant alienation of public resources, contrary to the Constitution and the law (Article 86, paragraph 3): constructed public procurements (New Year's lights, plastic giant Christmas tree...), rigged public tenders for distribution of public funds (say, agricultural land, eligible media), transfer of money from public companies and institutions to party funds (payments to parties during the election campaign, supposedly with money (40.000 dinars - sic!) of social assistance recipients - and the like.
7. Vučić - at the same time one of the party leaders in the multi-party system and the head of state - is personally responsible for the daily disregard of the constitutional provision according to which "political parties cannot directly exercise power, nor subordinate it to themselves" (paragraph 4 of Article 5). Because, key political decisions in Serbia are prepared or made by party forums, and not by authoritative state structures - in fact, he himself, in a party environment.
8. Persistently advocating the "demarcation of Serbia and Kosovo", i.e. unauthorized signing and operationalizing other unconstitutional, i.e. legally non-existent political arrangements, the subject of which is the southern Serbian province - Aleksandar Vučić flagrantly and repeatedly violates the presidential constitutional oath to "preserve the sovereignty and the entire territory of the Republic of Serbia, including Kosovo and Metohija as its integral part" (Article 114).
All in all, Vučić has irresponsibly and arrogantly turned himself into a surrogate of all public institutions in Serbia, marginalizing them substantially. In other words, he placed himself above the highest and fundamental legal act of Serbia - thus not respecting the principle of constitutionality and legality (Article 194). In an effort to gain and maintain pharaonic supremacy over the state and all its citizens with impunity.
In short: due to the large, numerous and long-lasting constitutional violations, he - according to the Constitution, according to justice/fairness, according to morality, according to reasonable reasoning, and also according to the criterion of political expediency - must be dismissed from the state office he is currently holding as soon as possible. Next comes the Parliament, then the Constitutional Court and, finally, the Parliament again (Article 118 of the Constitution). (In the current social circumstances, the signatory is aware of the grotesqueness of the last sentence of this text.)
PS As the last means of saving the people and the State from total collapse, there remains a determined broad movement conscious civil disobedience and resistance to legal violence and violence against law in today's Serbia. This is, in doctrine and practice, a well-known and tried-and-tested, forced "policy of clean sleeves", connected with the sentence according to which the person who drastically violates and ignores the basic legal norms loses the authority - he is deprived of both legality and legitimacy - to follow them at all in the future. calling! After all, sovereignty, ex constitutione, originally and naturally belongs to the citizens (Article 2 of the Constitution) - and from that follows the collective right of those who are absolutely irregularly disenfranchised to temporarily snatch such and such sovereignty and return it to their hands!
The author is the order. prof. of Administrative Law at the Faculty of Law of the University of Belgrade, head of the Department of Public Law
(Peščanik.net)
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