@article{
author = "Коларић, Драгана and Марковић, Саша М.",
year = "2016",
abstract = "The adoption of new Law on Police was preceded by a political
decision to reform the public security systems and harmonize them
with European achievements and values. The Law has been adopted in
the spirit of European integrations, in the course of implementation of
key reforms of the Republic of Serbia legislation in the area of security
and justice. On March 01, 2012, The Council of Europe passed the
decision to grant Serbia the candidate status for the EU. The Law
came into force at the time when the last evaluation was made on
fulfi lment of criteria for opening the most important chapters, Chapter
23 (Judiciary and fundamental rights) and Chapter 24 (Justice, freedom
and security). Prior to its adoption the Law on Police was given a
positive opinion by the Council of Europe, although the Ombudsman
came forward with numerous remarks which were not adopted.
After considering from various aspects the provisions related to
special circumstances of termination of employment by the power of
law and the consequences it may create in practice, we have given our
opinion on their applicability and legal viability in the legal system
of Serbia. When analysing certain provisions of the Law on Police,
but also other legal regulations, we have established that they are not
in harmony with each other. Disharmony refers both to the mutual
provisions of the same law and to the provisions of various laws of
the same legal power. Also, through the analysis of certain rulings of
the European Court of Human Rights we have come to the conclusion
that certain provisions of the Law are not harmonized with ratifi ed
international and regional agreements.
All this can lead to legal insecurity of those employed by the
internal aff airs agencies. Moreover, through comparative law analysis
we have come to the conclusion that foundation for the provisions
defi ned by the Law on Police that has just been adopted cannot be
found in legal regulations of other European countries either. At the
end of every analysis we have given our opinion if the provisions of
this Law are “adequately available, foreseeable and formulated with enough precision to provide, if required, advice to the employee to
regulate his behaviour”. We have considered also if the right to private
and family life, as well as the right to fair trial has been provided for
those employed by the Ministry of Interior.
It was necessary to establish all this in order to give evaluation
if the Law on Police is harmonized with the Convention for protection
of human rights and fundamental freedoms.
Finally, taking into account all the above said, we are of the
opinion that the right political decision of the Ministry of Interior
management has been reached to postpone the implementation of
certain provisions of the new Law in practice, regardless of the fact
that the manner of their postponed implementation can be discussed,
and the fact that there is the question of legal foundation of such a
decision. Namely, consistent implementation of these provisions of the
law could result in incalculable harmful consequences and violation
of many fundamental human rights of those employed in the Ministry
of Interior. The question is how much the adoption of contradictory
regulations by the legislator and unlawful decisions by executive and
judicial authorities will cost Serbia in the future.
We are of the opinion that the 2016 Law must be thoroughly
amended de lege ferenda in the same year when it was adopted,
since the implementation of certain provisions can result in initiation
of many legal procedures in which the defendant – the Republic of
Serbia can be convicted of violation of fundamental human rights,
and therefore suff er immense damage, both material and immaterial
(reputation destroyed).",
publisher = "Београд : Институт за политичке студије",
journal = "Српска политичка мисао = Serbian political thought",
title = "Основна људска права полицијских службеника у светлу новог Закона о полицији, Fundamental human rights of police officers in the light of a new Law on Police",
volume = "23, 53",
number = "3",
pages = "231-252",
url = "https://hdl.handle.net/21.15107/rcub_jakov_1577"
}
