Justice minister warns AKS against violation of Constitution

Justice minister warns AKS against violation of Constitution

’’The Justice Ministry proposes that the AKS should invalidate the Ordinance on lawyer procedures during the warning protests because it is contrary to the Constitution and laws’’, Selakovic said in the letter sent to AKS President Dragoljub Djordjevic which has been posted on the Ministry's website.

’’In case AKS does not adhere to the proposition, the Ministry will have the obligation to implement the Law on Public Administration and file a proposition to the government to end the Ordinance implementation and launch proceedings for assessment of its constitutionality and legality’’, the letter states.

The controversial AKS ordinance adopted on September 13 banned lawyers from appearing in the court for trials or in the Prosecutor's Office and police headquarters.

At the same time, lawyers have the obligation to file only the suits, appeals and other written documents for which delay in submission would result in loss of rights. The failure to adhere to the Ordinance is qualified as serious violation of barrister duty which entails financial fees or even erasure from bar books.

The minister noted that the Ordinance constitutes multiple gross violations of the Constitution and laws, noting that the Constitution guarantees the right to strike, but also envisages that each individual has the right to adopt their own decision as to whether or not to take part in the strike.

’’The Law on Strike also envisages that employees have the right to decide on whether or not to take part in the strike and that the strike board and employees participating in the strike must not prevent employees who are not on strike from performing their duties’’, the justice minister said in the letter.

Selakovic recalled that the law envisages sanctions in the mode of dismissal for any individual preventing another individual from working during the strike.

’’The AKS attempt to temporarily abolish law practice in Serbia is contrary to the reasons for existence of the bar chamber and it also constitutes a denial of public authorities and realisation of general interests for the achievement of which the chamber was created in the first place’’, the justice minister said.

Lawyers demand that a solution to the issue of flat tax should be found and also call for invalidation of certain provisions of the Law on Public Notaries and Law on Real Estate Sale.

Over the past few days, several lawyers were excluded from bar chambers because of their failure to observe the Ordinance.