Serbian indictments

Kosor: Law invalidating Serbian indictments in accordance with constitution

28.12.2011 u 20:41

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The law invalidating Serbian indictments is in accordance with the Croatian constitution and protects its highest values, sovereignty and the rule of law, Croatian Democratic Union (HDZ) president Jadranka Kosor said on Wednesday.

"There's no need to assess the constitutionality (of the law) and I believe the law will remain in force. It's not an organic law. The majority with which it was passed (in parliament) was sufficient. It wasn't an election law nor does it concern the organisation of the state administration," Kosor said in a statement posted on the HDZ's website.

President Ivo Josipovic's office said yesterday the president had filed a request with the Constitutional Court to assess the constitutionality of the law invalidating certain decisions of the judicial authorities of the former Yugoslav People's Army, the former Socialist Federal Republic of Yugoslavia, and Serbia.

The president said in his request the law violated the constitutional right of veterans of the 1991-95 Homeland War to defence in a possible war crimes trial, exposed them to legal uncertainty and denied them the right to remove any unfounded charges against them in cooperation with the Serbian authorities.

Given that it is a piece of organic legislation, Josipovic claimed parliament had not passed it by a majority required by the constitution. He also said that contrary to the constitution, the law gave the authority to the justice minister to decide whether or not actions that fall within the jurisdiction of regular courts would be taken, and that the law was contrary to the constitutional provisions governing relations between international treaties and domestic laws.