Sabic – The decisions of the European Court of Human Rights are constitutionally binding for Serbia



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Commenting on the amendment that frees the Serbian Ministry of Justice from the obligation to be responsible for publishing the judgments of the European Court of Human Rights and monitoring their execution, lawyer Rodoljub Sabic said that “it is really difficult to understand that a deputy could present such a amendment, and even more difficult to believe that it can be adopted by the Judicial Committee of the Assembly.

“The Ministry of Justice is a body that in all countries of the world deals with international law, cooperation and assistance, and the execution of decisions of foreign courts. Eliminate from the law the obligation of the Ministry (Serbia) to take charge to publish the judgments of the European Court of Human Rights and monitor their execution is therefore practically incomprehensible, “he told Beta.

“Serbia is a member of the European Convention on Human Rights. According to article 194 of our Constitution, this convention is part of our legal order and must be applied, and the decisions of the European Court of Human Rights are the basic instruments for its correct implementation, “Sabic said. .

“Article 38 of our Law on the Organization of Courts, among other things, obliges the courts to follow the practice of international judicial bodies, so it must be an indisputable obligation of the Ministry of Justice to do everything necessary to ensure that do your best realistically, “he added. .

Sabic assessed that since the amendment presented today in the Serbian Parliament, the “even more incredible” explanation is that it is a “technical amendment” that “only refers to the competence of the Ministry of Justice”, and that citizens and Other people can still be informed, and how, that will be decided by the new minister.

“With this logic, something that should be an obligation is left to ministerial improvisation. The consequences of that, which are certainly harmful, are easy to assume. In any country such an improvised and underestimated attitude towards the protection mechanisms of people would be inadmissible. human rights, “Sabic said.

“All the more it should be inadmissible in Serbia, a country that has very serious and chronic long-term problems with the execution of the decisions of the European Court of Human Rights, as a result of which it risks sanctions and destroys its reputation. At the same time time, Serbia has all the pertinent observations. ” the level of human rights is constantly decreasing, “he said.



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