Pravni Zapisi (Jan 2018)
De iure affirmation of the multicultural character of the Autonomous Province of Vojvodina: Critical analysis of (non)existing normative competences of the Autonomous Province in the field of minority rights
Abstract
The Constitution of the Republic of Serbia from 2006 grants the autonomous province to determine additional rights of members of national minorities by provincial regulations, under the law and in accordance with the Constitution. The main topic of this paper is how this competence has been realized in practice; or in other words, whether the Autonomous Province of Vojvodina has succeeded in preserving its national, cultural and historical specialties through an active norm-making, even with lack of legislative power, and whether the national legislator has been a partner and provided an adequate framework for this activity. Because the Constitutional Court was dealing with these issues from different perspectives, particular attention is devoted to its rulings and contradictory interpretations, concerning the legal borders of the role/autonomy of the province in saving, promoting and developing its de facto multicultural character. The goal of the paper is to provide a descriptive overview, together with a critical analysis of competences of the AP of Vojvodina in the field of minority education, culture, media and official use of minority languages, with special focus on normative opportunity of the autonomous province in accordance with the valid legal framework and Constitutional Court practice.
