Yugoslavia

[YU] Serbian Public Information Act (Un)Repealed?

IRIS 2000-10:1/31

Miloš Živković

Belgrade University School of Law - Živković Samardžić Law offices

Changes that happened in Yugoslavia as a consequence of the federal elections of 24 September 2000 and the demonstrations of 5 October 2000 have strongly influenced the reporting of so-called "regime broadcasters". Within hours, they opened up their programmes for opinions different from the ones favoured by the former regime. However, the legal situation does not follow the pace of actual changes, and the situation regarding laws, regulations, and decisions of former authorities remain in place, with only few exceptions. So far, the only legal change introduced is the revocation of the Conclusion passed by the former Government of Serbia on 16 May 2000 (Official gazette of the Republic of Serbia Nr. 53/1995-2005) by which the Governement had taken over Belgrade's broadcasting station Studio B and discharged all of its managing staff. Before its replacement that Government also decided to revoke the Conclusion at one of its last sessions held on 9 October 2000. As a consequence the founders rights are returned to the Belgrade City Assembly, now held by the Democratic Opposition of Serbia. However, the destiny of Studio B still remains unclear because, in 1995, it was nationalised and placed under the control of the Belgrade City Assembly, and the applications of the then expropriated shareholders which are aimed at annulling the nationalisation of the Station are still pending.

The future of the Law on Public Information of Serbia from October 1998 remains also unclear (see IRIS 1999-1: 14). The Assembly of the Republic of Serbia was dissolved on 25 October 2000, and new elections have been scheduled for 23 December 2000 (see Official gazette of the Republic of Serbia NR. 39/2000-945). The repeal of the Law on Public Information had been on the agenda of the dissolved Assembly, but never decided upon because of the priority given to the formation of a transitional Government of Serbia. Therefore the Law on Public Information is formally still in force, while its enforcement has stopped since 5 October 2000. The final destiny of the Law on Public Information of Serbia may be determined either through a decision of the Constitutional Court of Serbia, which is still considering several initiatives for examination of that Law's compliance with the Constitution of the Republic of Serbia, or through a decision to repeal the Law to be taken by the new Assembly, once it is constituted after the elections of 23 December 2000. As a transitional solution, most probably the Law on Public Information of Serbia of 1991 will be applied.