ECHR might request change of Constitution

The European Court of Human Rights (ECHR) could request from Serbia to change regulations regarding MPs’ mandates due to ex-G17 plus MPs lawsuit. Serbia’s legal counsel Slavoljub Caric says that there is such a possibility if the court determines that the right to free elections was violated. ECHR might request change of Constitution He explained that two former G17 plus MPs Ksenija Milivojevic and Goran Paunovic's lawsuit against the state could result in a request to change the Constitution and the laws governing the issue. Caric points out, however, that the court does not make such decision very often. “For example, it happened in the case of Bosnia-Herzegovina, in the Sejdic and Finci case who, as members of peoples other than the three constitutional ones, were deprived of possibility to run for the public office, so the country was asked to change the Constitution. But, that’s going very slowly,” he stressed. According to him, “it is always a problem” when a country is asked by the court to take “general measures”. Serbia’s legal counsel said that the ECHR could soon deliver a verdict in the case of former G17 plus MPs, but he could not specify the exact date. He also stressed that he did not know what the outcome of the proceeding would be, adding that the state could be ordered not only to pay the compensation to the plaintiffs but also to change its laws and the Constitution. Caric says that, based on his previous experience, the state looses in 95 percent of cases. “In majority of cases the ruling was unfavorable to the state,” he pointed out, adding that Milivojevic and Paunovic had requested very high compensations. The two former G17 plus MPs were elected MPs in 2003 and their blank resignation letters were activated on May 15, 2006 after a conflict broke out between party officials Miroljub Labus and Mladjan Dinkic. The European Court of Human Rights (echr.coe.int)

ECHR might request change of Constitution

He explained that two former G17 plus MPs Ksenija Milivojević and Goran Paunović's lawsuit against the state could result in a request to change the Constitution and the laws governing the issue.

Carić points out, however, that the court does not make such decision very often.

“For example, it happened in the case of Bosnia-Herzegovina, in the Sejdić and Finci case who, as members of peoples other than the three constitutional ones, were deprived of possibility to run for the public office, so the country was asked to change the Constitution. But, that’s going very slowly,” he stressed.

According to him, “it is always a problem” when a country is asked by the court to take “general measures”.

Serbia’s legal counsel said that the ECHR could soon deliver a verdict in the case of former G17 plus MPs, but he could not specify the exact date.

He also stressed that he did not know what the outcome of the proceeding would be, adding that the state could be ordered not only to pay the compensation to the plaintiffs but also to change its laws and the Constitution.

Carić says that, based on his previous experience, the state looses in 95 percent of cases.

“In majority of cases the ruling was unfavorable to the state,” he pointed out, adding that Milivojević and Paunović had requested very high compensations.

The two former G17 plus MPs were elected MPs in 2003 and their blank resignation letters were activated on May 15, 2006 after a conflict broke out between party officials Miroljub Labus and Mlađan Dinkić.