Former PM: Serbia should not respond with referendum

This is what happens when you put academic constitutional lawyers at the helm; they think as academic constitutional lawyers - and not as political leaders. Kostunica hasn't got a clue. The constitution serves the people, not the other way round. And constitutions are not written in stone. They can be change. To argue otherwise is just ridiculous. If the majority of Serbs wish to change the constitution and agree to Kosovo's independence then so be it. That is their choice.

"It can only be solved through a clear policy focused on defending the country's territorial integrity," Koštunica noted.

How Kostunica? Stop talking nonsense! What did you do when you where prime minister to keep Kosovo under Serbia's sovereignity? Nothing! A failed polititian who can not live without a prime minsterial seat.

I think kostunica is confused. He believes that there is a possability that serbia can retain kosovo and enter the eu. this is just as dellusional as the views of the other parties, the no alternative parties. simply put, there are protocals which serbia must adhere to in order to eneter the eu-one is to recognize the independence of kosovo. there is no way around this.

In my opinion serbia should turn its back to the eu and its face towards nations which respect it. but this is not on the horizon.

serbia has lost kosovo and it will maybe one day join the eu, and because of the basic unchanging nature of those who will controll the levers of power in the eu, serbia will one day fight and bleed to extracate itself from the superstate.

but between then and now-serbia must suffer. it is through the suffering of our mistakes that we learn to live properly.

serbia has found a drug called the eu, it promises to ease thier pain, solve thier problems--but in the end , unless they kick the habit, it kills them.

in a true democracy-there are always alternatives!

"... serbia will one day fight and bleed to extracate itself from the superstate. "
(milan, 25 September 2010 22:20)
So far since the founding of the EU (and its predecessors EC/EEC more than 50 years ago), exactly 0 countries felt the need to "extract themselves". Ever wondered why?

"in a true democracy-there are always alternatives!"
(milan, 25 September 2010 22:20)

Sure there are alternatives: Not to join the EU. But what exactly should be the advantage? And why do some people think that becoming an EU member stops a state from having relations with states outside the EU? Pure nonsense! Don't you know, that for example, Russia's biggest business partner regarding exports/imports is Germany, an EU member? And why not simply compare Serbia with Slovenia nowadays? You could imagine where Serbia would be today if it wouldn't have lost 10-20 years during the stupid balkan wars.

God this man's vanity knows no bounds. Just because the referendum is now associated with SNS policy Kostunica now feels he must distance himself from it. Its always been the way with him - machiavellian advisers and his obstinate vanity come together.

And the inevitable result is that he gets smashed at the ballot box - again. Move right they tell him, and people keep deserting him.

How much more distant from the people can a man like Kostunica get? Now he isn't even a supporter of what the average, moderate Serbian nationalist wants - the right to decide on his own future and for his country and people to benefit as a whole.

Oh no, now he doesn't trust anybody but a fictional government led by him and Vojislav Seselj (who else would he form a government with?) to impose their will upon the Serbian people.

Where has the democratic, slightly 'European', yugo driving Kostunica gone? Until he rediscovers those credentials no amount of machiavellian manourvering will help.

"With him and Dodik as representatives for Serbs we can defend what is legaly ours..."

Mikael C,

What law are you referring to? Serbian law? Allll right...but it is not valid when it comes to international law.

"The constitution serves the people, not the other way round. And constitutions are not written in stone. They can be change."
(Jim, 25 September 2010 22:04)
Yes. In fact, the Serbian constitution HAS been changed recently! Only since then it includes a paragraph about "Kosovo being an integral part of Serbia". Funnily, this was NOT done after a referendum to let the people decide, but politicians from all (or most?) Serbian parties did it.

Kostunica for president! With him and Dodik as representatives for Serbs we can defend what is legaly ours and stand up for our people. Tadic and co will, sooner or later, sell Serbia to the highest bidder.

What law are you referring to? Serbian law? Allll right...but it is not valid when it comes to international law.
(EA)
-
International law? You mean 1244 of course.

"Kosovo's independence was legal under UN1244. so yeah, the question still stands."
(AdamNYC, 27 September 2010 12:27)

Another person who cannot read: Kosovos DECLARATION of independence was not violating UN1244, nothing else was said about "independence" and "legality"

no surprise here

the reality doesnt match the rampant nationalist propaganda (that the likes of Kostunica cling to) A referendum would just expose how the majority of serbs dont care about kosovo.

@trudsaam

you want to apply un1244?
Yugoslavia doesnt exist anymore. Todays Republic of serbia is Younger than the paper UN1244 is written on. Yes, the constitution written after the fact serbs wave about is irrelevent.

Kosovo's independence was legal under UN1244. so yeah, the question still stands.

Another person who cannot read: Kosovos DECLARATION of independence was not violating UN1244, nothing else was said about "independence" and "legality"
(Top, 27 September 2010 21:37)

You are correct; ICJ just said that the declaration of independence did not violate international law. That’s it; that’s what it was asked about.

Now, we are homo sapiens (emphasis on the “sapiens”) who can also think sometimes on our own. First of all, as a general legal principle, if something does not violate a law, than it is legal. That’s the first conclusion: Kosovo’s declaration of independence is legal under international law.

Now, what about the independence itself ? That is legal too. I’m not going to start a law lecture here, but basically if an act is legal, it’s consequences are also legal. A simple analogy is sufficient.

Assume presidential elections are held and after counting the votes the Electoral Commission declares “X is now the President”. Assume the declaration is legal according to the law. Doesn’t that also mean that X is the legal president?

"It can only be solved through a clear policy focused on defending the country's territorial integrity," Koštunica noted.

How Kostunica? Stop talking nonsense! What did you do when you where prime minister to keep Kosovo under Serbia's sovereignity? Nothing! A failed polititian who can not live without a prime minsterial seat.

"With him and Dodik as representatives for Serbs we can defend what is legaly ours..."

Mikael C,

What law are you referring to? Serbian law? Allll right...but it is not valid when it comes to international law.

no surprise here

the reality doesnt match the rampant nationalist propaganda (that the likes of Kostunica cling to) A referendum would just expose how the majority of serbs dont care about kosovo.

@trudsaam

you want to apply un1244?
Yugoslavia doesnt exist anymore. Todays Republic of serbia is Younger than the paper UN1244 is written on. Yes, the constitution written after the fact serbs wave about is irrelevent.

Kosovo's independence was legal under UN1244. so yeah, the question still stands.

This is what happens when you put academic constitutional lawyers at the helm; they think as academic constitutional lawyers - and not as political leaders. Kostunica hasn't got a clue. The constitution serves the people, not the other way round. And constitutions are not written in stone. They can be change. To argue otherwise is just ridiculous. If the majority of Serbs wish to change the constitution and agree to Kosovo's independence then so be it. That is their choice.

Kostunica for president! With him and Dodik as representatives for Serbs we can defend what is legaly ours and stand up for our people. Tadic and co will, sooner or later, sell Serbia to the highest bidder.

I think kostunica is confused. He believes that there is a possability that serbia can retain kosovo and enter the eu. this is just as dellusional as the views of the other parties, the no alternative parties. simply put, there are protocals which serbia must adhere to in order to eneter the eu-one is to recognize the independence of kosovo. there is no way around this.

In my opinion serbia should turn its back to the eu and its face towards nations which respect it. but this is not on the horizon.

serbia has lost kosovo and it will maybe one day join the eu, and because of the basic unchanging nature of those who will controll the levers of power in the eu, serbia will one day fight and bleed to extracate itself from the superstate.

but between then and now-serbia must suffer. it is through the suffering of our mistakes that we learn to live properly.

serbia has found a drug called the eu, it promises to ease thier pain, solve thier problems--but in the end , unless they kick the habit, it kills them.

in a true democracy-there are always alternatives!

What law are you referring to? Serbian law? Allll right...but it is not valid when it comes to international law.
(EA)
-
International law? You mean 1244 of course.

"The constitution serves the people, not the other way round. And constitutions are not written in stone. They can be change."
(Jim, 25 September 2010 22:04)
Yes. In fact, the Serbian constitution HAS been changed recently! Only since then it includes a paragraph about "Kosovo being an integral part of Serbia". Funnily, this was NOT done after a referendum to let the people decide, but politicians from all (or most?) Serbian parties did it.

God this man's vanity knows no bounds. Just because the referendum is now associated with SNS policy Kostunica now feels he must distance himself from it. Its always been the way with him - machiavellian advisers and his obstinate vanity come together.

And the inevitable result is that he gets smashed at the ballot box - again. Move right they tell him, and people keep deserting him.

How much more distant from the people can a man like Kostunica get? Now he isn't even a supporter of what the average, moderate Serbian nationalist wants - the right to decide on his own future and for his country and people to benefit as a whole.

Oh no, now he doesn't trust anybody but a fictional government led by him and Vojislav Seselj (who else would he form a government with?) to impose their will upon the Serbian people.

Where has the democratic, slightly 'European', yugo driving Kostunica gone? Until he rediscovers those credentials no amount of machiavellian manourvering will help.

"... serbia will one day fight and bleed to extracate itself from the superstate. "
(milan, 25 September 2010 22:20)
So far since the founding of the EU (and its predecessors EC/EEC more than 50 years ago), exactly 0 countries felt the need to "extract themselves". Ever wondered why?

"in a true democracy-there are always alternatives!"
(milan, 25 September 2010 22:20)

Sure there are alternatives: Not to join the EU. But what exactly should be the advantage? And why do some people think that becoming an EU member stops a state from having relations with states outside the EU? Pure nonsense! Don't you know, that for example, Russia's biggest business partner regarding exports/imports is Germany, an EU member? And why not simply compare Serbia with Slovenia nowadays? You could imagine where Serbia would be today if it wouldn't have lost 10-20 years during the stupid balkan wars.

Another person who cannot read: Kosovos DECLARATION of independence was not violating UN1244, nothing else was said about "independence" and "legality"
(Top, 27 September 2010 21:37)

You are correct; ICJ just said that the declaration of independence did not violate international law. That’s it; that’s what it was asked about.

Now, we are homo sapiens (emphasis on the “sapiens”) who can also think sometimes on our own. First of all, as a general legal principle, if something does not violate a law, than it is legal. That’s the first conclusion: Kosovo’s declaration of independence is legal under international law.

Now, what about the independence itself ? That is legal too. I’m not going to start a law lecture here, but basically if an act is legal, it’s consequences are also legal. A simple analogy is sufficient.

Assume presidential elections are held and after counting the votes the Electoral Commission declares “X is now the President”. Assume the declaration is legal according to the law. Doesn’t that also mean that X is the legal president?

"Kosovo's independence was legal under UN1244. so yeah, the question still stands."
(AdamNYC, 27 September 2010 12:27)

Another person who cannot read: Kosovos DECLARATION of independence was not violating UN1244, nothing else was said about "independence" and "legality"