Referendum, or decision on what Serbia should do, is the question which divided the Serbian Government officials, in a situation when Western countries are pressing Serbia with requests related to the Kosovo and Metohija. Serbian President Nikolic is advocating the idea of referendum, where citizens should decide. Serbian Prime Minister Vucic also recently said that he “will ask people how to deal with this issue in the future”, and in the light of the attempts to prejudge the outcome of the Brussels dialogue. He also added that it relates to the negotiating Chapter 35, which at the moment contains solutions that are worse than formal recognition of Kosovo.
Experts on constitutional law categorically claim that possible decision on Kosovo must be brought through referendum, because that is stipulated by the Constitution: “There are questions that can be adopted without referendum, but not in this case. So, all questions related to the territorial “redrawing”, or the form of governing the state, require the decision of the citizens through direct deciding,” said Professor Ratko Markovic, adding that any other decision would lead to violation of the Constitution.
“In democratic states the citizens are deciding in referendum, or elections are organized, because in such a way the citizens are indirectly asked about their opinion. It is the same as citizens decided in referendum on certain politic. Then the party which won the elections is legitimate to lead that policy, said Markovic.
Professor Vladan Kutlesic emphasized that everything that is related to Kosovo should be decided “through referendum”. “Certainly, not all changes in the Constitution require the referendum. However, when it comes to Kosovo, referendum is required. That is also stipulated by preamble.” In addition professor Kutlesic said that all people dealing with the theory of the Constitutional Law as he is, are reserved towards the value of referendum decision, because of the influence of media, where ruling parties can get result which they want.
The decision brought on referendum is mandatory, so professor Kutlesic is asking what would happen if the decision, brought in referendum, is to accept Kosovo independence. “That decision would be binding, but contrary to the Constitution. All MPs in the Serbian Assembly gave an oath on this text of the Constitution, committing to respect it,” said Professor Kutlesic.
