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CONSTITUTIONAL FRAMEWORK GOVERNING NATIONAL MINORITIES RIGHTS IN THE PROPOSAL (SIXTH) TO AMEND THE CONSTITUTION OF THE REPUBLIC OF CROATIA
Mato Arlović
; Ustavni sud Republike Hrvatske
Sažetak
Rights and freedoms of national minorities and their members as a constituent part of human rights and fundamental freedoms are the most challenging part of social relations for legal regulation, theoretical concept and systematisation as well as for their protection and enforcement in a community and state. In spite of their importance, there are at all levels quite a few disagreements or in other words, a significant number of issues that are being discussed aiming at unique, general solutions both at theoretical and provisional (legislative) level. It should suffice to mention that there is no agreement on the definition of the notion of national minority or on the question whether rights and freedoms of national minorities belong to their member individuals or/and national minority as a collectivity. Nevertheless, they are objects of legal regulation of supranational and national laws because of their significance and the role in establishing stable and secure societies as a link among nations and states, their expansion and the dialogue, understanding, tolerance and constant improvement of instruments to solve all social (interstate) tensions, including open conflicts by means of democratic principles, applying the principles and values of justice, freedom and equality, along with respect and protection of their rights and fundamental freedoms as human rights and fundamental freedoms based on best practices of states, rule of law and the Constitution. Indeed, all this should be done within the framework of the national, within the norms of Constitutional law to regulate the constitutional framework if the constitutional order has not taken it over from the supranational law (as in Croatia), and their legal framework for elaborating the content of enforcement and protection of rights and freedom of national minorities and their members.
The long year endeavour of the Republic of Croatia (since its independence) to regulate the issues of national minorities ended in the early 21st century (from 2000 until 2003) first of all based on its Constitution, then on the Convention for the Protection of Human Rights and Fundamental Freedoms and the Framework Convention for the Protection of National Minorities. The scope and content of legal regulation of rights and freedoms of national minorities and their members in the Republic of Croatia have been rated at the highest level in Europe, among many EU Member States i.e. in the world and have received the incentive and support for their enforcement and protection in real social life. Moreover, these issues once constituted the basis of tensions and excuses for the Serbian national minority in Croatia and as justification for Great-Serbian aspiration towards the Republic of Croatia even by means of military aggression.
These issues motivate sensitive handling of all serious interventions in legal order and protection of rights and freedom of national minorities and their members and in particular of those affecting the changes in constitutional-legal approach to these issues and constitutionalisation of the state and community on one hand and established hierarchy of Croatian constitutional order on the other hand.
The aims of the sixth “Proposal to Amend the Constitution of the Republic of Croatia” are the aforementioned issues. The Proposal does not only change the hierarchical structure of the Croatian constitutional order by changing constitutional nature of legislation (Constitution and the laws) by which rights and freedoms of national minorities and their members are regulated by raising them from the level of organic laws to the level of constitutional norms and constitutional acts, but (if adopted and passed) it creates constitutional basis on which civil principle is adopted as a constituent of the Croatian society changing the ethnical principle by establishing different relations between ethnical majority and ethnical minority on the principle of division “we and you” etc.
The paper deals with the aforementioned issues based on critical analysis of the (sixth) proposal to amend the Constitution of the Republic of Croatia. It also indicates to the problems and consequences arising from the adoption of the proposed amendments of regulation of rights and freedoms of national minorities. Finally, the standing is reached that these amendments of the Constitution are retrograde in reference to its applicable solutions and even that they would harm the constitutional order and real life with unacceptable consequences.
Ključne riječi
amendments to the Constitution; regulating the rights of national minorities; Constitution; Constitutional law; norms having the force of constitution; human rights and fundamental freedoms; rights and freedoms of national minorities
Hrčak ID:
147829
URI
Datum izdavanja:
30.8.2015.
Posjeta: 2.559 *