political situation in the balkans

nstitut international de la démocratie nternational Institute for Democracy

PPOOLLIITTIICCAALL SSIITTUUAATTIIOONN IINN TTHHEE BBAALLKKAANNSS

II

2

INDEX

Pages FOREWORD

3

ALBANIA

5

BOSNIA AND HERZEGOVINA

9

BULGARIA

16

CROATIA

19

HUNGARY

24

MOLDOVA

28

ROMANIA

31

SLOVENIA

35

“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”

39

TURKEY

42

YUGOSLAVIA 45 The International Institute for Democracy is pleased to present a brochure on the Political Situation in the Balkans, prepared by Elise Cornu, Programme Assistant, and Tine Petersen, Trainee. Observations and comments are most welcome and should be addressed to Enie Wesseldijk, International Institute for Democracy, Palais de l’Europe, 67075 Strasbourg Cedex, France; fax : +33 388 41 37 75; e-mail: [email protected]; http://www.iidemocracy.coe.int

© International Institute for Democracy, 2002

3

FOREWORD

• This brochure on the “Political situation in the Balkans” was prepared on the basis of data from the following sources:

- Interparliamentary Union (www.ipu.org); - Agora (www.agora.it/elections ) - Le Courrier des Balkans - The Institute for War and Peace Reporting (IWPR) Crisis Reports - International Crisis Group Balkans Reports: “Current legal status of the Federal Republic of

Yugoslavia and of Serbia and Montenegro” (n°101, 19 September 2000) and “Bosnia’s November Elections: Dayton Stumbles” (n°104, 18 December 2000).

- Office of the High Representative (www.ohr.int) - OSCE (www.osce.org) - Council of Europe (www.coe.int) and Treaty Office of the Council of Europe

(http://conventions.coe.int) on which the texts of the European Charter for regional or minority languages (STE 148) and of the Framework Convention for the protection of national minorities (STE 157) are available. For further information on the Framework Convention for the protection of national minorities and on State reports, see: www.humanrights.coe.int/Minorities

- European Commission (www.europa.eu.int) Other sources are mentioned in footnotes. Most of the Constitutions are available on the web sites of each government. A translation is English of 12 Constitutions of Central and Eastern Europe can be found in “The rebirth of democracy”, edited by the International Institute for Democracy, 2d edition, 1996, Council of Europe Publishing, 445p. We would also like to thank the Secretariats of the South Eastern European Parliaments for their help and co-operation. Please do not hesitate to contact us if some data are inaccurate.

• For each country, four topics are tackled: the Constitution, the Government, the Parliament and the participation in European and Euro-Atlantic structures.

Due to the capacity of the International Institute for Democracy as Executive Secretary of the Stability Pact Task-Force on parliamentary co-operation, the accent is particularly made on the Parliament. This section is divided in 4 parts: composition and electoral system, organisation of the Parliament, sessions and the parliamentary system.

• Under the topic "Participation in European and Euro-Atlantic structures", we mention three different types of agreements concluded between the European Community and countries from Eastern and Southeastern Europe1.

- Association Agreements: concluded with Turkey, Malta and Cyprus, they cover trade-related issues, legal approximation, etc. Political dialogue is not included. The Association Agreement with Turkey also aimed at achieving a Customs Union.

1 For further information see the website of the European Commission: www.europa.eu.int/comm/enlargement

4

- European Agreements: concluded with 10 countries2, they cover political co-operation, trade relations, economic activities and cultural co-operation. They prepare the way for the EU and the partners to converge in these fields in the prospect of their accession to the EU. - Stabilisation and Association Agreements: five countries are eligible: Albania, Bosnia and Herzegovina, Croatia, the Republic of Yugoslavia and the Republic of Macedonia. These Agreements cover democratisation, civil society and institution-building, justice and home affairs, trade, economic and financial assistance and political dialogue.

2 Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia.

5

ALBANIA

The Constitution An interim Constitution, the "Law on Major Constitutional Provisions", has governed the country since 1991. Unsuccessful drafts elaborated by the Government and the opposition were proposed in 1993, October 1994 and February 1995. Parliament approved the new Constitution on 21 October 1998.

The Government President: Alfred Moisiu (2002), the President may not be member of a party, Article 89 of the Constitution). The President of the Republic is elected by the Parliament for a five-year term. To be elected the president has to be proposed by no less than 20 members of Parliament, and he needs a majority of three-fifths of the votes. Re-election is possible once. Prime minister: Fatos Nano (2002, PSSH).

The Parliament 1. Composition and electoral system The President of the unicameral People’s Assembly of the Republic of Albania (Kuvendi Popullor i Republikës së Shqipërisë) is Servet Pëllumbi. The Secretary General is Artan Banushi. The Assembly, as elected in 1997 according the Electoral Law adopted on 16 May 1997, has 155 members elected for four years. 115 members are elected in single-seat constituencies and 40 members elected through proportional representation, with a threshold of 2%. Albania currently consists of 115 constituencies spread among 26 electoral districts and one nation wide constituency for the remaining 40 seats. The new Constitution has reduced the number of deputies to 140 and the single-seat constituencies to 100. Parties and coalitions must receive at least 2.5% and 4% respectively of votes to participate in the allocation of the 40 remaining seats. Electoral Code: May 2000, amended in May 2001. Ministers can be members of Parliament (Art. 70-2, Const.: “Deputies may not simultaneously exercise any other public duty with the exception of that of a member of the Council of Ministers”). Last parliamentary elections: 24 June, 8 and 22 July 2001 The Socialist Party won the parliamentary elections. Sali Berisha announced on 30 July 2001 that he didn’t recognize the Socialists’ victory and added that members of his coalition would boycott the Parliament3.

3 RFE/RL Newsline, 31 July 2001.

6

Party 2001 Percentage Socialist Party of Albania (PSSH) 73 41.5 Democratic Party of Albania / “Our Union for Victory” (Sali Berisha)

46 36.8

Democratic Party 6 5 Social Democratic Party of Albania (PSDS) 4 3.6 Human Rights’ Unity Party (PMDN, centrist/Greek minority) 3 2.6 Democratic Alliance Party 3 2.5 Agrarian Party 3 2.5 Independents 2 Representation of women: 8 out of 140 (5,7%)4. 2. Organisation of Parliament Parliamentary committees: - Committee on Constitutional Issues and Laws (Chairwoman: Spartak Braho) - Committee on Foreign Policy and International Relations (Chairman: Fatos Nano) - Committee on Economy, Finances and Privatisation (Chairman: Ylli Bufi) - Committee on Agriculture and Food - Committee on Industry, Transport, Public Works and Trade (Chairman: Ilir Zela) - Committee on Education, Culture, Science and Sport - Committee on Means of Public Information (Chairman: Musa Ulqini) - Committee on Human Rights and Minorities (Chairman: Vasil Melo) - Committee on Health and Environmental Protection - Committee on Labour and Social Issues (Chairman: Elmaz Sherifi) - Committee on Defence (Chairman: Dashamir Shehi) - Committee on Public Order and SHIK (Chairman: Neritan Ceka) - Committee on Mandates, Immunities and Rules of Procedures (Chairman: Lek Cukaj) 3. Session: two annual sessions: the first session begins on the third Monday of January and the second session on the first Monday of September (Art. 74-1, Const.). 4. The parliamentary system Legislative process: - Initiative of laws: the Council of Ministers, every deputy and 2000 electors have the right to propose laws (Art. 81-1, Const.). The President promulgates the approved law within 20 days from its presentation. - Vote: the laws for the organisation and operation of the institutions provided for in the Constitution, the law on citizenship, the law on general and local elections, the law on referenda, the codes, the law for the state of emergency, the law on the status of public functionaries, the law on amnesty and the law on administrative divisions of the Republic are approved by three-fifths of all members of the Assembly (Art. 81-2, Const;). - Procedure: a draft law is voted on three times, article by article and entirely (Art. 83-1, Const.). - Referendum: 50.000 voters have the right to a referendum for the abrogation of a law, as well as to request the President of the Republic to hold a referendum about issues of special importance. One-fifth of the deputies and the Council of Ministers can decide that an issue of special importance be presented for referendum (Art. 150-1 and –2, Const.). The Constitutional Court reviews preliminarily the constitutionality of issues put for a referendum (Art. 152-1, Const.). A referendum cannot be held about issues relating to the territorial integrity of the Republic, limitations of fundamental human

4 In the previous legislature (elected in 1997), women represented 5.2% of the MPs. In the 2001 electoral campaign, women represented 7% of the candidates in single member constituencies and 15% of candidates in the proportionnal lists.

7

rights and freedoms, budget, taxes and financial obligatiosn of the State, declaration and abrogation of the state of emergency, declaration of war and peace, as well as amnesty (Art. 151-2, Const.). Dissolution of the Assembly:

a) If no presidential candidate has obtained the required majority, even under the fifth voting, the Assembly is dissolved, and a new general election takes place within 60 days (Art. 87, Const.).

b) The President appoints the Prime minister on the proposal of the party, which has the majority. The Prime minister must be approved by the Assembly. If the Assembly doesn’t approve the Prime minister and fails to re-elect another, the President dissolves the Assembly (Art. 96-1,2, Const.)

Motion of confidence: If a motion of confidence presented by the Prime minister is refused by a majority of all the members of the Assembly, the Assembly elects another Prime minister within 15 days. In this case, the President appoints the new Prime minister. If the Assembly does not succeed in electing a new Prime minister, the President of the Republic dissolves the Assembly (Art. 104-1,2, Const.) Participation in the European and Euro-Atlantic structures Accession to the OSCE: 19 June 1991 Accession to the Council of Europe: 13 July 1995. Partnership with NATO. Participating State of the Black See Economic Co-operation Pact. Member State of the Central European Initiative. Minorities Issue On 28 September 1999, Albania has ratified the Council of Europe’s Framework Convention for the protection of national minorities (1st February 1995, STE 157)5. The People’s Assembly of Albania Kuvendi Popullor, Bulevardi Deshmoret e Kombit, TIRANA Tel.: +355 43 62 003 Fax: +355 43 27 9491 Web site: www.parlament.al/ ECPRD Correspondent: Zana Bufi Kuvendi Popullor, Bulevardi Deshmoret e Kombit, TIRANA Tel.: +355 43 62 003 OSCE Head of mission: Amb. Geert-Hinrich Ahrens Rruga, Donika Kastrioli, Villa 6, TIRANA Tel.: +355 43 35 993 Fax: +355 43 35 994 E-mail: [email protected]

5 The first Report of Albania on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) was expected on January 2001.

8

EU Head of delegation: Michel Peretti Rruga Donika Kastrioti - Villa n° 2, TIRANA Tel: +355 43 28 320 Fax: +355 43 30 781 E-mail : [email protected] Council of Europe Office Villa Six, Rruga Donika Kastriotti, TIRANA Tel : +355 43 284 19 Fax : +355 43 333 75 E-mail : [email protected]

© International Institute for Democracy, 14 July 2002

9

BOSNIA AND HERZEGOVINA

The Constitution The Constitution of Bosnia and Herzegovina was adopted as Annex 4 of the Dayton Peace Agreement, initiated in Dayton, on 21 November 1995. It came into force with the signing in Paris on 14 December 1995. Bosnia and Herzegovina is a federal state. It consists of two entities, the Federation of Bosnia and Herzegovina (Federacija Bosne i Hercegovine) and the Serbian Republic (Republika Srpska). The Constitution defines the responsibility of each institution. On one hand, the institutions of Bosnia and Herzegovina are: foreign and foreign trade policies; customs and monetary policies; finances of the institutions and for the international obligations of Bosnia and Herzegovina; immigration, refugees and asylum policy and regulation; international and inter-entity criminal law enforcement; establishment and operation of common and international communication facilities; regulation of inter-entity transportation; and air traffic control (Art. III-1, Const.). On the other hand, according to Article III-2 of the Constitution, Entities have the right to establish special parallel relationships with neighbouring states consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina; they have to provide all necessary assistance to the government of Bosnia and Herzegovina in order enable it to honour international obligations, and to provide a safe and secure environment for all persons in their respective jurisdictions. Entities have also the right to enter into agreements with states and international organisations with the consent of the Parliamentary Assembly.

The Government at the State level Presidency: The Presidency is shared between three representatives, each elected by one of the three ethnic groups in the Federation. The current presidency is composed of: Beriz Belkic (2001, “The Alliance for Change”, Bosnian), Živko Radišic (2000, SPRS6, Serb) and Jozo Krizanovic (2001, “The Alliance for Change”, Croat7). The term of the Members of the Presidency is four years, and each of the representatives is elected Chairman for 8 month. Prime minister: Zlatko Lagumdzija (Since 18 July 2001). Elected for a two-year term, appointed by the Presidency and confirmed in office by the House of Representatives. Elections: Last Presidential elections: 2000. Next elections in September 2002. Electoral law: 23 August 20018.

6 SPRS together with Biljana Plavsic’s SNS and SNSD used to form the coalition: Sloga – Unity, which played an important role in the politics of Republika Srpska and on federation level. The Sloga Coalition doesn’t exist any longer. 7 On 8 March 2001, Wolfgang Petritsch, High Representative, decided to dismiss Ante Jelavic (HDZ) from his position as member of the Presidency of Bosnia and Herzegovina, because of unconstitutional actions of Mr Jelavic and an extremist group within his party. On 31 March 2001, he was replaced by Jozo Krizanovic. 8 The English version of the Electoral Law is available on the web site of the Venice Commission (Council of Europe): http://www.venice.dtcnet.coe.int

10

The Parliament

1. State level

The BiH House of Representatives is responsible for aspects of foreign policy and trade, state borders, regulation of telecommunications, utilities and electricity9. 1.1 Composition and electoral system The State Parliament (Skupstina) is bicameral. The Secretary General of the State Parliament is Vedrar Hadzovic.

1) The House of Representatives (Zastupnicki dom/ Predstavnicki dom) has 42 members elected directly for four years by proportional representation. 28 of these members are elected from the Federation of Bosnia and Herzegovina and 14 from Republika Srpska. The Chairman of the House of Representatives is Mariofil Ljubic. Deputies of the Chairman are Zeljko Mirjanic and Sead Avdic. The Secretary General of the House is Avdo Campara.

2) The House of Peoples (Dom Narodu) is composed of 15 delegates appointed by the

parliaments of the entities: 10 members are elected by the Federation House of Peoples of Bosnia and Herzegovina (5 Croats and 5 Bosnians), and 5 members are elected by the National Assembly of Republika Srpska. The Chairman of the House of Peoples is Nikola Spiric (PDP, Serb). Deputies of the Chairman are Sejfudin Tokic (Alliance for Change, Bosnian) and Ilija Simic (Alliance for Change, Croat). The Secretary General of the House is Avdo Campara.

Powers of the Parliamentary Assembly: enact legislative as necessary to implement decisions of the Presidency or to carry out the responsibilities of the Assembly under the Constitution; decide upon the sources and amounts of revenues for the operations of the institutions and international obligations of Bosnia and Herzegovina; approve a budget for the institutions; decide whether to consent to the ratification of treaties; and decide on other matters as are necessary to carry out its duties or as are assigned to it by mutual agreement of the Entities. Last general elections: 11 November 2000 Next elections in 2002 - The House of Representatives

Party Members Percentage 2000 Percentage 1998 Social Democratic Party (SDP, BiH, Zlatko Lagumdzija)

9 22 10

Party of Democratic Action (SDA, Alija Izetbegovic, BiH)

8

20

Serb Democratic Party (SDS, Mirko Sarovic) 6 15 10 Croatian Democratic Community (HDZ, Ante Jelavic)

5

12

14

Party for Bosnia and Herzegovina (SBH, Haris Silajdzic)

5

12

Democratic Progress (PDP, Rep. S.) 2 5 Democratic Peoples Union (DNZ, Fikret Abdic, BiH)

1

2

2

9 ICG Balkans Report, n°104, 18 December 2000.

11

New Croatian Initiative (NHI, Kresimir Zubak)

1 2

Democratic Party of Pensioners BiH (DSPBiH)

1 2

BiH Patriotic Party (BPS) 1 2 Party of Independent Social Democrats/ Democratic socialist party (SNSD/ DSP)

1

2

Socialist Party (SPRS, Zivko Radisic, Rep. S.)

1 2

Serbian Peoples Union (SNS) 1 2 The outcome of the election worried the International Community because the nationalist parties, Serb Democratic Party (SDS), Croatian Democratic Community (HDZ) and the Muslim Party for Democratic Action (SDA), obtained together 47% of the votes. The Social Democratic Party became the biggest single party represented in the State Parliament. On 13 January 2001, 10 Bosnian parties grouped around the SDP formed “The Alliance for Change”, in a bid to take the country’s executive power structures out of the hands of nationalists10. Representation of women: 3 out of 42 (7,1%) 1.2 Organisation of Parliament Parliamentary committees: - Committee for constitutional and legal matters (Chairman: Mirko Banjac) - Committee for foreign affairs (Chairman: Ivo Andric-Luzanski) - Committee for foreign trade and customs (Chairman: Tihomir Gligoric) - Committee for financial and budget issues (Chairman: Beriz Belkic) - Committee for human rights, immigration, refugees and asylum (Chairman: Osman Brka) - Committee on transport and communications (Chairman: Ivo Lozancic) - Committee for administrative issues (Chairman: Sead Avdic) - Committee for gender equality issues in Bosnia and Herzegovina (Chairman: Violeta

Kamberovic). 1.3 Sessions: permanent. 1.4 The parliamentary system Legislative process: - Procedure: all legislation requires the approval of both Chambers. - Vote: majority of those present and voting. This majority should include at least one-third of the votes of Delegates or Members from the territory of each Entity. If it is not possible, the decision is taken by a majority of those present and voting, provided that the dissenting votes do not include two-third or more of the Delegates or Members elected from either Entity (Article IV-3, d, Const.). Dissolution of the Assembly: The House of Peoples may be dissolved by the Presidency or by the House itself, provided that the House’s decision to dissolve is approved by a majority that includes the majority of Delegates from at least two of the Bosnian, Croat or Serb peoples (Art. IV-3, g, Const.). Motion of confidence: The Council of Ministers shall resign if at any time there is a vote of no-confidence by the Parliamentary Assembly (Art. V-4, c, Const.).

10 Bosnia Today, 14 January 2001.

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2. Entities 2.1 The Federation of Bosnia and Herzegovina

Following an agreement reached in Washington, by the representatives of the Republic of Bosnia and Herzegovina and the “Croat Republic of Herzeg-Bosna” (declared on 28 August 1993), the Federation of Bosnia and Herzegovina was formed on 31 March 1994. The President and Vice-President of the Federation were elected in May 1994. The Federation was reorganised as one of the two constituent entities of Bosnia and Herzegovina in the Peace Agreements of 199511. The Government The President of the Federation is Karlo Filipovic, the vice-President Safet Halilovic (president and vice president rotate every year) and the Prime Minister Alija Behmen. The Parliament The Federation of Bosnia and Herzegovina has a bicameral Parliament. - The 140 members of the House of Representatives (Zastupnicki dom Federacije) are directly elected for four years. The President of the House, elected on 15 January 2001, is Enver Kreso, member of the new coalition “The Alliance for Change”. - The 80 members of the House of Peoples (Dom Narodu) are elected by the 10 Cantonal Assemblies, where the various Cantons elect different numbers of representatives of already specified nationalities (30 Croats, 30 Bosnians and 20 others). The Chairman of the House is Ivo Komsic (“The Alliance for Change”). The Cantons are administrative units12, each composed of several municipalities. The principle of decentralisation gives the Cantons significant power. Last elections: 11 November 2000 - Bosnia and Herzegovina Federation House of Representatives

Party Members Percentage 2000 Percentage 1998 Party of Democratic Action (SDA) 38 27 Social Democratic Party (SDP) 37 26 14 (19) Croat Democratic community (HDZ, Ante Jelavic)

25

18

20 (28)

Party of Bosnia and Herzegovina (SBiH, Haris Silajdzic)

21

15

Democratic Peoples Union (DNZ, Fikret Abdic, Muslim)

3 2 2 (3)

BiH Patriotic Party (BPS, Sefer Halilovic) 2 1 1 (2) Bosnian Party (BOSS, Mirnes Ajanovic) 2 1 1 (1) New Croat Initiative (NHI, Kresimir Zubak) 2 1 Pensioners’ Party of the BiH Federation (SPF)

2

1

Civic Democratic Party (GDS, Ibrahim Spakic)

1 1

Democratic Party of BiH Pensioners (DSPBiH, Alojz Knezovic)

1

1

1 (2)

11 “The Europa World Year Book 1999”, Vol.1, Europa Publications, 1999, p.690. 12 Ten cantons: Sarajevo, Tuzla, Bosnia-Podrinja, Zenica-Doboj, Una-Sana, Middle Bosnia, Posavina, Herzegovina-Neretva, Western Herzegovina and Livno.

13

Croatian Party of Rights (HSP, Zdravko Hrstic)

1 1 1 (2)

Liberal Democratic Party (LDS) 1 1 Republican Party (RS, Sjepan Kjlujic) 1 1 Party of Independent Social democrats (SNSD, Milorad Dodik, Rep. Srpska)

1

1

Croatian Christian Democratic Union (HKDU)

1

1

Croatian Peasants Party (HSS, Ilija Simic) 1 1 1 (1)

2.2. Republika Srpska On 27 March 1992, a “Serb Republic of Bosnia and Herzegovina” was proclaimed. It was immediately declared illegal by the President of the State Presidency. The Republic comprised Serb-held areas of Bosnia and Herzegovina, including “Serb Autonomous Regions” of Eastern and Old Bosnia and Herzegovina, Bosanska Krajina, Romanija and Northern Bosnia. According to the Peace Treaty of December 1995, the Serb Republic was to constitute one of the two territorial entities13. The Government President: Mirko Sarovic (SDS). Since 11 November 2000. Vice-President: Dragan Cavic (SDS). Prime Minister: Mladen Ivanic (PDP). The Parliament Republika Srpska has a unicameral National Assembly (Narodna Skupstina Republike Srpske) consisting of 83 members elected by local constituencies for four years. The President of the National Assembly is Dragan Kalimic (SDS). In Republika Srpska, there are no cantons, only a number of municipalities. As one ethnic group dominates, the National Assembly has more real power than it’s counterpart in the Federation. Last elections: 11 November 2000 - Republika Srpska National Assembly

Party Members Percentage 2000 Percentage 1998 Serb Democratic Party (SDS, Mirko Sarovic) 31 38 24 (19) Party of Independent Social Democrats (SNSD, Milorad Dodik)

11

13

7 (6)

Democratic Progress (PDP, Mladen Ivanic) 11 13 Party of Democratic action (SDA, BiH) 6 7 Socialist Party of Serbia (SPRS) 4 5 12 (10) Democratic Socialists Party (DSP) 4 5 Social Democratic Party (SDP, Zlatko Lagumdzija, BiH)

4

5

2 (2)

Party of Bosnia and Herzegovina (SBH, Hans Silajdzic)

4

5

Democratic People’s League (DNS) 3 4 Serbian Peoples Union-Biljana Plavsic (SNS-BP)

2

2

14 (12)

Democratic Party of Serbia (DSRS) 1 1

13 “The Europa World Year Book 1999”, Vol.1, Europa Publications, 1999, p.691.

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New Croat Initiative (NHI) 1 1 1 (1) Pensioners’ Party RS (PSRS) 1 1 In the Federation House of Representatives in Bosnia and Herzegovina the nationalist parties obtained together 63 seats and 45% of the votes. Only one specific Serb party (the Party of the Independent Social Democrats) is represented with one seat and 1% of the votes. In the National Assembly of Republika Srpska, the Bosnian nationalists of SDA are represented with 6 seats and 7% of the votes. The more moderate Party of Bosnia and Herzegovina and the Social Democratic Party are both represented with 4 seats and 5% of the votes and the New Croat Initiative has one seat and 1% of the votes. On 11 January 2001, Wolfgang Petritch, High Representative of the International Community in Bosnia and Herzegovina, decided to establish a Constitutional Commission in the Parliaments of each entities. The two 16-person commissions will include representatives of Bosnian Serbs, Croats, Bosnian Muslims and other ethnic groups. Their task will be to protect the interests of all ethnic groups until the new Parliaments amend their Constitutions as ordered in 2000 by the Constitutional Court14. Participation in the European and Euro-Atlantic structures Accession to the OSCE: 30 April 1992. Special guest status to the Council of Europe Parliamentary Assembly since 28 January 1994. Request for accession to the Council of Europe: 10 December 1995. Accession to the Council of Europe: 24 April 2002. Member State of the Central European Initiative (CEI). Minorities Issue On 24 February 2000, Bosnia and Herzegovina has ratified the Council of Europe’s Framework Convention for the protection of national minorities (1st February 1995, STE 157)15. The commitment of Bosnia and Herzegovina to respect the principles of this Framework Convention was already included in the Dayton Peace Agreement. Parliamentary Assembly of Bosnia and Herzegovina Trg Bosne i Hercegovine 1, 71000 SARAJEVO Tel: +387 33 65 43 59 Fax: +387 33 23 39 80 Working hours: 9.00 a.m.-5.00 p.m. Parliamentary holidays: August. National holidays: 1-2 January, 1st March (Independence Day), 1st and 9 May, 25 November.

14 High Representative, Decision establishing interim procedures to protect vital interests of the Constituent peoples and Others, including freedom from discrimination”, 11 January 2001 (available on: www.ohr.int ) . This decision follows the four partial decisions of the Constitutional Court of Bosnia and Herzegovina (case U 5/98), adopted on 29-30 January 2000, 18-19 February 2000, 1st July 2000 and 18 August 2000 (available on: www.ustavnisud.ba/decisions/en). 15 The first Report of Bosnia and Herzegovina on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) is expected on June 2001.

15

OSCE Head of mission: Amb. Robert Beecroft Obala Kulina Bana 19, SARAJEVO Tel.: +387 71 444 444 Fax: +387 71 442 479 E-mail: [email protected] http://www.oscebih.org EU Head of Delegation: Hansjoerg Kretschmer Union Bank Building, 4th floor, Dubrovacka 6, SARAJEVO Tel: +387 33 666044 Fax: +387 33 447 582 E-mail: [email protected] Sarajevo Office of the High Representative The High Representative: Paddy Ashdown (Since 27 May 2002) Emerika Bluma 1, 71 000 SARAJEVO Tel: +387 33 283 500 Fax: +387 33.283 501 Web site: www.ohr.int Council of Europe Offices: Sime Milutinoviaea Sarajlije 4, 71000 SARAJEVO Tel : +387 33 667 785 Fax : +387 33 653 461 E-mail : [email protected] 98a Dr. Mile Budaka, 88000 MOSTAR Tel: +387 88 325 839 Fax: +387 88 325 823


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BULGARIA

The Constitution The Constitution of Bulgaria was adopted 12 July 1991. Constitutional amendments are currently under discussion within the Parliament.

The Government President: Gueorgui Parvanov (2001, PSB). The President is directly elected for a five-year term. Prime Minister: Simeon Saxe-Coburg-Gotha (2001). Elections: Last presidential elections: 11 and 18 November 2001.

The Parliament 1. Composition and electoral system The President of the unicameral National Assembly of Bulgaria (Narodno Sabranie) is Ognian Gerdjikov. The Secretary General is Ognian Avramov. The National Assembly has 240 members elected for four years by proportional representation in multi-seat constituencies with a threshold of 4%. Bulgaria consists of 31 multi-member constituencies. The number of seats is according to the population. Electoral law: 22 August 1991, amended on 21 November 1991. Ministers cannot be members of the Parliament (Article 68-2, Const.). Powers of the National Assembly: pass, amend and rescind laws; pass the State budget bill and the budget report; establish taxes; schedule elections for a President of the Republic; resolve on the holding of a national referendum; elect and dismiss the Prime Minister; approve State-loan agreements; resolve on the declaration of war and conclusion of peace; approve any deployment and use of Bulgarian armed forces (Art. 84, Const.). The National Assembly also exercises the parliamentary control (Art. 62, Const.) and ratifies or denounces international instruments (Art. 85, Const.). Last parliamentary elections: 17 June 2001

Party/Coalition Members Percentage Simeon II National Movement 120 42,7 Union of Democratic Forces (UDF) 51 18,1 Coalition For Bulgaria (BSP) 48 17,1 Movement for Rights and Freedoms (DPS), Liberal Union, EuroRoma

21 7,4

Geygyovden-VMRO 0 3,6 Representation of women: 63 out of 240 (26,25%). 2. Organisation of Parliament

17

Parliamentary Committees: - Committee on Economic Policy (Chair: Valeri Georgiev Dimitrov) - Committee on Budget and Finance (Chair: Ivan Gachov Iskrov) - Committee on Legal Issues (Chair: Anelia Yordanova Mingova) - Committee on Foreign Policy, Defence and Security (Chair: Stanimir Yankov Ilchev) - Committee on Public Health (Chair: Atanas Dimitrov Shterev) - Committee on National Security and Order (Chair: Vladimir Mihailov Donchev) - Committee on Education and Science (Chair: Elka Panchova Atanassova) - Committee on the Environment and Waters (Chair: Djevet Ibryam Chakarov) - Committee on Agriculture and Forests (Chair: Plamen Nedelchev Mollov) - Committee on Culture (Chair: Stefan Lambov Danailov) - Committee on Media (Chair: Milena Ivanova Milotinova-Koleva) - Committee on Local Self-Government, Regional Policy and Public Works (Chair: Remzi

Durmush Osman) - Committee on Human Rights and Religions (Chair: Lacheraz Blagovestov Toshev) - Committee on Complaints and Petition of the Citizens (Chair: Lyuben Andonov Kornezov) - Committee on Labour and Social Policy (Chair: Hassan Ahmed Ademov) - Committee on European Integration (Chair: Daniel Vassilev Valchev) - Committee on Energy (Chair: Vesselin Vitanov Bliznakov) - Committee on Child, Youth and Sport Issues (Chair: Alexander Manolov Pramatarski) - Committee on Transport and Telecommunication (Chair: Yordan Mirchev Mitev) - Committee on Civil Society Issues (Chair: Emil Iliev Koshlukov). 3. Session: permanent (Art. 74, Const.). 4. The parliamentary system The coalition Euro-left announced, on 4 January 2001, its intention to propose that constitutional amendments, currently under debate, include an expansion of presidential prerogatives and, in particular, the right to legislative initiative16. Legislative process: - Initiative: any Member of the National Assembly, the Council of Ministers. - Procedure: laws are read and voted upon twice. Dissolution: If the Prime minister-designate fails to form a government, the President asks the National Assembly to elect a Prime minister-designate. If it remains impossible to agree about the forming of a government, the President dissolves the National Assembly and appoints a caretaker government for the transitory period until a new election has been held (Art. 99, Const.). Motion of confidence: A motion of no confidence requires a seconding by one-fifth or more of the National Assembly, and to be passed, more than half of the votes of all National Assembly members. If the motion of confidence passes, the Prime minister must hand in his government’s resignation (Art. 89, Const.). Participation in European and Euro-Atlantic structures Accession to the OSCE: 25 June 1973 (original member). Accession to the Council of Europe: 7 May 1992. Associate Partner of WEO17 (1994).

16 Central Europe Online, 10 January 2001.

18

Request for accession to the European Union: December 1995. European Agreement: signature on March 1993, entry into force on February 1995. Participating State of the Black See Economic Co-operation Pact. Member State of the Central European Initiative. Minorities Issue On 7 May 1999, Bulgaria has ratified the Council of Europe’s Framework Convention for the protection of national minorities (1st February 1995, STE 157)18. The National Assembly of Bulgaria Narodno Sobranje, 1169 SOFIA Tel: +359 2 980 40 34 Fax: +359 2 980 89 16 E-mail: [email protected] Web site: www.parliament.bg Parliamentary holidays: Easter, August and Christmas. National Days: 1st January, 3 March, 24 April, 1st May, 6 may, 24 May, 22 September (Independence Day), 1st November and 24-25 December. ECPRD Correspondent: Zlatina Khristova Narodno Sobranje, 1169 SOFIA Tel: +359 2 987 18 07 EU Head of Delegation: Demetre Kourkoulas 9 Moskovska Str., 1000 SOFIA Tel: +359 2 933 52 52 Fax: +359 2 933 52 33 E-mail: [email protected] Web site : www.evropa.bg Council of Europe Information Office Director: Boyko Todorov 1, Lazar Stanev Street, 1113 SOFIA Tel: +359 2 971 30 00 Fax: +395 2 971 22 33 E-mail: [email protected] Web site: www.cid.bg


17 WEO is part of the European Union CFSP (Common Foreign and Security Policy) since November 2000. However, the Parliamentary Assembly of the WEO still exists. 18 The first Report of Bulgaria on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) was expected on September 2000.

19

CROATIA

The Constitution Croatia's Constitution was adopted after the first democratic elections 22 December 1990. Constitutional amendments adopted in November 1997 included a prohibition on the reestablishment of a union of Yugoslav states. In November 2000, the Parliament voted for the transformation of the semi-presidential system into a parliamentary system.

The Government President: Stjepan Mesic (2000, HNS). The President is directly elected for a five-year term. Prime Minister: Ivica Racan (2000, SDP). Governing parties: SDP (Social Democratic Party), HSLS (Croatian Social Liberal Party) and ZL Coalition (United List), including HSS (Croatian Peasant Party), LS (Liberal Party) and HNS (Croatian People’s Party). Elections: Last presidential elections: 24 January and 7 February 2000. Next elections in 2005.

The Parliament 1. Composition and electoral system The Assembly of the Republic of Croatia (Hrvatski Sabor) is unicameral19. The Croatian Parliament (Hrvatski Sabor) has 151 members elected for four years. The members are appointed after a mixed system: 28 members are chosen by simple majority in single-member constituencies. 80 are chosen from state party lists, by proportional representation and the d'Hondt method. Any list winning less than 5% of the votes is excluded from the distribution of these seats. 6 are chosen by proportional representation and the d’Hondt method to represent Croatians residing abroad. Members of ethnic and national communities or minorities, whose share of the country’s population exceeds 8%, are also entitled to be represented in proportion to their number; their representatives are chosen by simple majority from party lists. The President of the Sabor is Zlatko Tomcic (HSS). The Secretary General is Danica Orcic. The Croatian Parliament decide on the enactment and amendment of the Constitution, pass laws, adopt the State budget, decide on war and peace, decide on alternations of the boundaries of the Republic, call referenda, supervise the work of the Government and other holders of public powers responsible to the Sabor (Art. 80, Const.). Electoral Law: 18 September 1995.

19 On 14 March 2001, the Parliament approved the abolition of the House of Districts. A coalition of six-parties decided, on 23 February 2001, to abolish the House of Districts (controlled by the HDZ opposition) when its mandate expires, in April 2001. The coalition needed a two-third majority in the House of Representatives to adopt this abolition law (Croatia Today, 23 February 2001). The House of Districts had 68 members elected for a four-year term. Its powers were regulated by Article 81 of the Constitution.

20

Ministers can not be members of the Parliament. Last elections: 3 January 2000 Next elections in 2004

Party/ Coalition Members Percentage The Coalition: SDP and HSLS Social Democratic Party (SDP) Croatian Social Liberal Party (HSLS) Primorian-Goranian Union (PGS) Slavonian-Baranian Croatian Party (SBHS)

71 44 24 2 1

38,7

Croatian Democratic Community (HDZ) 46 26,7 United List (ZL) Croatian Peasant Party (HSS) Istrian Democratic Assembly (IDS) Liberal Party (LS) Croatian People’s Party (HNS) Croatian Social Democrats’ Action (ASH)

25 16 4 2 2 1

14,7

HSP and HKDU Croatian Right’s Party (HSP) Croatian Christian Democratic Union (HKDU)

5 4 1

5,2

SNS Serbian National Party 1 - Hungarian Democratic Community of Croatia (DZMH ) 1 - Non-partisan representatives minorities 2 - Representatives Croatians abroad 6 - Representation of women: 31 out of 151 members (20,5%). 2. Organisation of Parliament Committees of the House of Representatives: - Committee for Agriculture and Forestry (Chairman: Drago Krpina) - Committee for the Constitution, Standing Orders, and Political Systems (Chairman: Mato Arlovic) - Committee for the Economy, Development, and Reconstruction (Chairman: Dragica Zgrebec) - Committee for Education, Science, and Culture (Chairman: Ante Simonic) - Committee for Elections, Nominations, and Administration (Chairman: Vilim Herman) - Committee for Family, Youth, and Sport (Chairman: Dubravka Suica) - Committee for Finances and Budget (Chairman: Jadranko Mijalic) - Committee for Foreign Affairs (Chairman: Zdravko Tomac) - Committee for Human Rights and Rights of National Minorities (Chairman: Furio Radin) - Committee for Immigration (Chairman: Milan Kovac) - Committee for Internal Policy and National Security (Chairman: Durda Adlesic) - Committee for Interparliamentary Co-operation (Chairman: Ivo Skrabalo) - Committee for the Judiciary (Chairman: Luka Trconic) - Committee for Legislation (Chairman: Josip Leko) - Committee for Maritime Affairs, Transportation, and Communications (Chairman: Jure Radic) - Committee for Petitions and Complaints (Chairman: Anto Dapic) - Committee for Tourism (Chairman: Valter Drandic) - Committee for War Veterans (Chairman: Duro Decak) - Committee for Labour, Social Welfare, and Health (Chairman: Snjezana Biga Friganovic) - Committee for Urban Planning and Environmental Protection (Chairman: Zlatko Kramaric) - Credentials and Privileges Commission (Chairman: Milanka Opacic) - Committee for European Intergrations (Chairman: Mate Granic) - Committee for Information, Information Technology and Media (Chairman: Luka Roic) - Committee for Sex Equality (Chairman: Gordana Sobol)

21

- Committee for Local and Regional Selfadministration (Chairman: .Marin Jurjevic) 3. Sessions: 15 January-30 June and 15 September-15 December (Article 78, Const.). 4. The parliamentary system Legislative process: - Initiative of laws: all representatives in the House of Representatives, Clubes of Deputies and the Government. - Referendum: the House of the Representatives and the President (at the proposal of the Government and with the counter-signature of the Prime Minister) may call a referendum on constitutional issues. - Vote: majority, provided the majority of representatives are present. Laws which regulates national rights are passed by a two-third majority vote of all representatives, and laws which elaborate the constitutionally defined freedoms and the human rights, the electoral system, the organisation, responsibilities and operation of government bodies and the organisation of local self-government and administration state are passed by a majority vote of all representatives (Art. 83, Const.). Dissolution of the Assembly: The Croatian Parliament can be dissolved if so decided by the majority of all their representatives. The President of the Republic may dissolve the House of Representatives if this Chamber has passed a vote of no confidence in the government, or if it has not approved the state budget within a month from the date when it was proposed. The President may not again dissolve the House of Representatives before the expiration of one year from the date of its dissolution (Art. 77 and 104, Const.). Motion of confidence: At the proposal of at least a tenth of the representatives in the Parliament, a vote of confidence in the Prime minister, individual government members or the government as a whole may be requested. The Prime minister can, as well, request a vote of confidence in the government. If the vote passes with a majority of the total number of representatives, the Prime Minister shall submit his resignation to the President of the Republic, who shall dissolve the government, except when the vote of no confidence is passed on an individual member: the Prime minister may propose the President of the Republic to relieve the duty of this member or resign, himself (Art. 113, Const.). Participation in European and Euro-Atlantic structures Accession to the OSCE: 24 March 1992. Accession to the Council of Europe: 6 November 1996. Partner State of NATO. European Union Stabilisation and Association Agreement: negotiations opened at the Zagreb Summit on 24 November 2000. Member State of the Central European Initiative. Minorities Issue On 11 October 1997, Croatia has ratified the Council of Europe’s Framework Convention for the protection of national minorities (1st February 1995, STE 157)20 and on 5 November 1997 the Council of Europe’s European Charter for regional or minority languages (5 November 1992, STE 148). Under

20 The first Report of Croatia on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) was received by the Secretary General of the Council of Europe on 16 March 1999.

22

the European Charter, Croatia has committed itself to protect the Italian, Serbian, Hungarian, Czech, Slovak, Ruthenian and Ukrainian languages. The Assembly of the Republic of Croatia Hrvatski Sabor Trg sv. Marka 6-7, 41000 ZAGREB Tel.: +385 1 4569 420 Fax: +385 1 630 30 08/10 Web Site: http://www.sabor.hr National Days: 1st January, 6 January, 21 and 24 April, 1st May, 30 May (Independence Day), 22 June, 5 and 15 August, 1st November, 25-26 December. ECPRD Correspondent: Branka Martincic Trg sv. Marka 6-7, 41000 ZAGREB Tel.: +385 1 45 69 589 OSCE Head of Mission: Amb. Peter Semneby Florijana Andraseca 14, 10000 ZAGREB Tel: +385 1 309 66 20 Fax: +385 1 309 66 21 E-mail: [email protected] Web site: http://www.osce.org/croatia EU Head of Delegation: Jacques Wunenburger Masarykova 1, 10000 ZAGREB Tel: +385 1 48 96 500 Fax: +385 1 48 96 555 E-mail: [email protected] Web site : www.delhrv.cec.eu.int


23

HUNGARY

The Constitution The Constitution of the Republic of Hungary, approved on 19 August 1949, was revised on 18 October 1989. Amendments were consolidated in 1996.

The Government President: Ferenc Madl (2000). The President is elected by the Parliament for a five-year term. Prime Minister: Peter Medgyessy – Socialist (since 15 May 2002).

The Parliament 1. Composition and electoral system The President (Speaker) of the unicameral National Assembly of Hungary (Orszaggyüles) is Katalin Szili (Socialist). The Secretary General is István Soltész. The Assembly has 386 members elected for four years.

- 176 are elected in single-seat constituencies: two rounds of voting are normally held. Each elector casts two votes, one for an individual candidate and one for a party list. If, within a local constituency, no candidate obtains an absolute majority of the votes in the first ballot, or if less than half of the registered electors have voted, a second ballot is held. In the latter case (fewer than half of the voters), all previous candidates may run again, the one then obtaining the most votes is declared elected, provided at least 25% of the constituency’s electorate has voted. In the former case (no absolute majority for any individual), all candidates having gained at least 15% of the valid votes may run again. If the number of candidates is only one or two, the three having obtained the more first-ballot votes are entitled to continue. In either event, the candidate with the most votes is then declared elected, provided that at least 25% of the constituency’s electorate has voted.

- 152 are elected in 20 territorial multi-member constituencies by proportional representation, in a single ballot, with a 5% threshold.

- 58 members are chosen from “national lists” of candidates: seats are allotted to political parties on full proportional basis according to “scrap votes”, i.e. those cast for previously unsuccessful constituency candidates or lists, added together to form a national total21.

Electoral Law: 20 October 1989, amended on 16 June 1998. Members of the Government can be members of the Parliament (Article 20-5, Const.). Powers of the Parliament: enact the Constitution; pass laws; define the State's social and economic plan; establish the balance of public finances, approve the State budget and its implementation; decide on the Government's programme; conclude international treaties; decide on the declaration of a state of war and on the conclusion of peace; declare a state of national crisis and a state of emergency; decide on the deployment of armed forces; upon the recommendation of the Government (after the Constitutional Court has been called upon to express its opinion) dissolve representatives bodies of local government whose activities are unconstitutional (Art. 19-3, Const.).

21 This description of the Hungarian voting system was made by the Interparliamentary Union (see : www.ipu.org ).

24

Last elections: 7 and 21 April 2002 Next elections in 2006

Party Members Percentage Hungarian Socialist Party (MSzP) 179 46,11 League of Young Democrates (FIDESz) – Hungarian Civic Party (MDF)

188 48,70

Alliance of Free Democrates (SzDSz)

19 4,92

Representation of women: 35 out of 386 (9,07%). 2. Organisation of Parliament Standing Committees

- Committee on Constitutional, Legislative and Judicial Matters - Committee on European Integration Affairs (Chair: Jozsef Szajer) - Committee on Foreign Affairs - Committee on Local Government, Home Security and the Police - Committee on Defence Matters - Committee on Budgetary, Taxation and Financial Matters - Committee on Economic Matters - Committee on Social Welfare, Health Care and the Protection of Families - Committee on Environmental Protection - Committee on Cultural, Educational and Scientific Matters, on Sport, Television and the

Media - Committee on Human Rights, Minorities and Religious Matters

Special Committees

- Committee on Procedural Matters - Committee on Elections and Mandates - Committee on Immunities and Incompatibilities - Committee on National Security

3. Sessions: 1st February-15 June and 1st September-15 December (Article 22, Const.). 4. The parliamentary system Legislative process: - Initiative of laws: the President of the republic, the Government, all Parliamentary committees and any Member of the Parliament. - Vote: majority. A two-third majority of votes is required to amend the Constitution and a majority of four-fifths to pass the Parliamentary resolution on the detailed rules on the preparation of the new Constitution (Art. 24-3 and -5, Const.). - If the President, who promulgates laws, disagrees with a law or with any provision thereof, he may return it, with its comments, to the Parliament for reconsideration. If the President considers any provision of a law to be unconstitutional, he may refer it to the Constitutional Court for appraisal. (Art. 26-2 and -4, Const.). - Referendum: a referendum must be held on the petition of at least 200.000 voters (Art. 28/C-2, Const.). On the initiative of the President of the Republic, the Government, one third of the deputies or 100.000 voters, the Parliament decides in its discretion that a referendum be held (Art. 28/C-4, Const.). A national referendum may not be held on the State budget, on the obligations arising from

25

international treaties, on the dissolution of the Parliament, on the program of the Government, on the declaration of a state of war, state of national crisis or state of emergency, on the deployment of armed forces, on the dissolution of the representative body of local government (Art. 28/C-5, Const.). Dissolution of the Assembly:

a) The Parliament may declare its dissolution prior to the completion of its term (Art. 28-2, Const.).

b) The President of the Republic may dissolve the Parliament if: o the Parliament passed a motion of no-confidence in the Government on no less than

four occasions in a period of 12 months during the course of one term; o in the event that the mandate of the Government ends, a candidate for Prime Minister

nominated by the President of the Republic is not elected by the Parliament within a period of 40 days from the day upon which the first candidate is nominated (Article 28-3, Const.).

o a new Parliament shall be elected within a period of three months (Article 28-6, Const.).

c) During a state of national crisis or a state of emergency the parliament may neither declare its dissolution nor be dissolved (Art. 28A-1, Const.).

d) A national referendum may not be held on the dissolution of Parliament (Article 28C-5, e, Const.).

Motion of confidence (Art. 39A, Const.): - A written motion of no confidence in the Prime Minister may be introduced by no less than one-fifth of the Members of Parliament, indicating the nomination for a candidate for the office of Prime Minister. A motion of no confidence in the Prime Minister is considered a motion of no confidence in the Government as well. Should, on the basis of this motion, the majority of the Members of Parliament express their lack of confidence, and then the candidate nominated for the office of Prime Minister in the motion shall be considered to have been elected. - The debate and vote on the motion of no confidence shall be held no earlier than three days and no later than eight days following the submission of the motion. - The Government, via the Prime Minister, may propose a vote of confidence in accordance with the terms specified in Paragraph (2). The Government, via the Prime Minister, may propose that the vote on the motion it has made simultaneously be considered as a vote of confidence. Should the Parliament not vote for confidence in the Government, the Government shall resign. Participation in European and Euro-Atlantic structures Accession to the OSCE: 25 June 1973 (original member) Accession to the Council of Europe: 6 November 1990. Member State of NATO. Request for accession to the European Union: March 1994. European Agreement: signature on December 1991, entry into force in February 1994. Member State of the Central European Initiative. Minorities Issue On 26 April 1995, Hungary has ratified the Council of Europe’s European Charter for regional or minority languages (5 November 1992, STE 148) and on 25 September 1995 the Council of Europe’s Framework Convention for the protection of national minorities22. 22 The first Report of Hungary on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) was received by the Secretary General of the

26

Under the European Charter, Hungary has committed itself to protect the Croatian, German, Romanian, Serbian, Slovak and Slovene languages. The Parliament of Hungary Magyar Országgyülés Kossuth tér 1-3, 1358 BUDAPEST Tel.: +361 441 43 44, 441 50 67 Fax: +361 441 41 83, 441 59 72 E-mails: [email protected]

[email protected] Web site: www.mkogy.hu Working hours: 8.00 a.m.-2.30 a.m. National holidays: 15 March, 1st May, 20 August and 23 October. Religious holidays: New Year, Easter, Whitsun, Christmas. ECPRD Correspondent: Zoltan Horvath Kossuth tér 1-3, 1358 BUDAPEST Tel.: +361 441 42 35 EU Head of delegation: Juergen KOEPPEN Bérc utca 23, H - 1016 BUDAPEST Tel: +36 1 209 97 00 Fax: +36 1 466 42 21 E-mail: [email protected] Web site: www.eudelegation.hu EU Information Centre 1052 BUDAPEST, Bárczy István u. 1-3. Tel.: +36 1 327 1711, 1315 Fax: +36 1 327 1716 E-mail: [email protected] Council of Europe Information Office Director: Klara Papp-Farkas Kossuth Lajos tér 1-3, 1055 BUDAPEST Tel: +36 1 441 48 57 Fax: +36 1 441 48 78 E-mail: [email protected] Web site: www.europatanacs.hu


Council of Europe on 21 May 1999. The first opinion of the Advisory Committee was adopted on 22 September 2000 and is not yet public.

27

MOLDOVA

The Constitution The Constitution of the Republic of Moldova was adopted on 29 July 1994. On 13 June 2000, the Parliamentary Assembly of the Council of Europe asked the Venice Commission to examine all projects for constitutional reform currently examined by the Constitutional Court and by the Parliament23. On 5 July 2000, the Parliament adopted a Law on Constitutional Reform introducing a purely parliamentary system.

The Government President: Vladimir Voronine (PC, 4 April 2001). According to the Constitutional Law adopted on 5 July 2000, the new President was elected by the Parliament with a 3/5 majority (before this constitutional amendment, the President was directly elected for a four-year term). Prime Minister: Vasile Tarlev Governing parties: Party of the Communists Elections: Last presidential elections: 4 April 2001.

The Parliament 1. Composition and organisation The President of the unicameral Parliament of Moldova (Parlamentul) is Eugenia Ostapciuc. The Vice-Presidents are Vadim Mishin and Mihai Camerzan. The Parliament has 101 members elected for a four-year term by proportional representation. Members are elected with a 4% threshold (Article 86, Const.). At least 50% of the electorate must cast ballots for the poll to be deemed valid. Electoral Law: 1st October 1993. Ministers cannot be members of Parliament (Art. 70-1, 99, Const.). Last parliamentarian elections: 25 February 2001

Party/Coalition Members Percentage Party of the Communists of the Republic of Moldova (PCRM) 71 49.93 Electoral Bloc “Braghis Alliance” (BEAB) - Social-Political Movement New Force - Professionals’ Movement Hope - Socialist Party of Moldova - Labour Union - Centrist Union of Moldova - Party of Social Democracy Ant.

19 13.4

Christian-Democratic People’s Party (PPCD) 11 8.31 23 Venice Commission, "Co-operation between the Venice Commission and the Republic of Moldova on Constitutional Reform", 24 January 2001, CDL-INF (2001)3, available on: www.venice.coe.int

28

Party of Rebirth and Conciliation (PRC) - 5.72 Democratic Party of Moldova (PDM) - 5.05 National Liberal Party (PNL) - 2.83 Social Democratic Party of Moldova (PSDM, Oazu Nantoi) - 2.47 Representation of women: 12 out of 101 (11,8%). 2. Organisation of Parliament Standing Committees:

- Legal Committee (Chair: Maria Postoico) - Committee for Economy, Industry, Budget and Finance (Chair: Bondariuc Nicolae) - Committee for Public Administration - Committee for State Security (Chair: Iurie Stoicov) - Committee for External Policy (Chair: Andrei Neguta) - Committee for Human Rights and National Minorities (Chair: Mihail Sidorov) - Committee for Agriculture and Processing Industry - Committee for Culture, Science, Education, Youth and Mass Media (Chair: Vladimir

Dragomir) - Committee for Social Protection, Health and Family (Chair: Lidia Gutu) - Committee for Ecology and Territorial Development (Chair: Conisescu Andrei).

3. Sessions: February-July and September-December (Art. 67, Const.). 4. The parliamentary system Legislative process: Dissolution of the Assembly:

A) If it has been impossible to form a government or a situation has been encountered whereby the passing of new legislation has been deadlocked for 3 consecutive months, the President of the Republic, on consultation with parliamentary groups, may dissolve Parliament (Art 85-1, Const.).

B) If within 45 days from a first presidential request for a vote of confidence to form a new government a second such request been also rejected by Parliament, the President of the Republic may dissolve the Parliament (Art. 85-2, Const.).

The Parliament may be dissolved only once in the course of a year and not during the President’s last 6 months of office or during a state of emergency or of war (Art. 85-4, modified, Const.). Motion of confidence: Parliament may carry a motion of confidence, if initiated by at least a quarter of the members present in session and based on their majority vote (Art. 106, Const.). Participation in European and Euro-Atlantic structures Accession to the OSCE: 30 January 1992. Accession to the Council of Europe: 13 July 1995. Partner State of NATO. Participating State in the Black Sea Economic Co-operation Pact. Member State of the Central European Initiative.

29

Minorities Issue On 20 November 1996, Moldova has ratified the Council of Europe’s Framework Convention for the protection of national minorities (1st February 1995, STE 157)24. The Parliament of Moldova 105, Stefan cel Mare Str., CHISINAU 2073 Tel: +373 2 23 74 03/ 23 34 66 Fax: +373 2 23 32 10 E-mail: [email protected] Web sites: www.parlament.md www.moldova.md/en/parliament/index.html Working hours: 8.00 a.m.-5.00 p.m. National holidays: 8 March, 1st May, 9 May, 27 August (Independence Day) and 31 August. Religious holidays: 1st January, 7-8 January, Orthodox Easter, Easter. ECPRD Correspondent: Mariana Azarov 105, Stefan cel Mare Str., CHISINAU 2073 Tel: +373 2 23 46 87 OSCE Head of Mission: Amb. David H. Swartz Tsarii str. 16,n 2012 CHISINAU Tel: +373-224 14 00,+373-223 37 71 Fax: +373-254 76 20 E-mail: [email protected] Web site: http://www.osce.org/moldova/ EU Delegation of the European Commission in Ukraine, Kiev Also accredited to Moldova and Belarus Head of Delegation: Norbert Jousten Kruglouniversitetska 10, KIEV 252024 Tel: +380 44 462 00 10 Fax : +380 44 462 09 20 E-mail : [email protected] Council of Europe Information Office Director: Lilia Snegureac CP 219, 2012 CHISINAU 12 Tel : +373 2 221 29 30 Fax : +373 2 24 10 96 E-mail : [email protected] Web site: www.delukr.cec.eu.int


24 The first Report of Moldova on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) was received by the Secretary General of the Council of Europe on 29 June 2000.

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ROMANIA

The Constitution The Constitution of Romania was adopted on 8 December 1991.

The Government President: Ion Iliescu (2000, PDSR). The President is directly elected for a four-year term. Prime minister: Adrian Nastase (29 December 2000, PDSR). Governing coalition: the Social Democrat Pole of Romania (PDSR). Elections: Last presidential elections: 26 November and 10 December 2000.

The Parliament 1. Composition and electoral system The Romanian Parliament (Parlamentul Romaniei) is bicameral.

1) The Chamber of Deputies (Camera Deputatilor) has 346 members elected for four years. The 327 members are elected by proportional representation with a 4% threshold and 19 members are representing ethnic minorities. Romania consists of 42 multi-member constituencies, where 4 to 29 members have to be elected. This is one Deputy for every 70 000 inhabitants. The President of the Chamber of Deputies is Valer Dorneanu (RSDP/ PDSR). The Secretary General is Florin Costiniu.

2) The Senate (Senatul) has 143 members elected for four years by proportional representation

with a 4% threshold. The 42 multi-member constituencies have to elect 4 to 13 seats. This is one Senator for every 160 000 inhabitants. The President of the Senate is Nicolae Vacaroiu (PDSR). The Secretary General is Constantin Sava.

Powers: - Parliament passes constitutional, organic and ordinary laws (Art. 72-1, Const.). - The Chambers meet in joint sessions in order to receive the message of the President of the Republic, to approve the State budget and the State social security budget, to declare general or partial mobilisation or a state of war, etc. (Art. 62-2, Const.). Electoral Law: 15 July 1992. Ministers can be members of the Parliament (Article 68-2, Const.). Last parliamentary elections: 26 November 2000 Next elections in 2004

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- The Chamber of Deputies

Party/Coalition Members Percentage Social Democratic Pole of Romania (PDSR) The Romanian Social Democracy Party (PDSR, Andrei Marga), leading party of the coalition Romania Social Democratic Party (PSDR) The Humanist Party of Romania (HUR)

155 142

7 6

36,6

Party of Greater Romania (PRM) 84 19,5 Democratic Party (PD) 31 7,0 National Liberal Party (PNL, Mircea Ionescu-Quintus) 30 6,9 Hungarian Democratic Union of Romania (UDMR) 27 6,8 Minorities 19 23,2 Representation of women: 37 out of 345 (10,7%). - The Senate

Party/Coalition Members Percentage Social Democratic Pole of Romania (PDSR) 65 37.1 Party of Greater Romania (PRM) 37 21.0 National Liberal Party (PNL) 13 7.6 Democratic Party (PD) 13 7.5 Hungarian Democratic Union of Romania (UDMR) 12 6.9 Representation of women: 8 out of 140 (5,71%). 2. Organisation of Parliament Standing committees

- Committee for Economic Policy Reform, and Privatisation - Committee for Budget, Finance, and, Banks - Committee for Industries and Services - Committee for Agriculture, Forestry, Food Industry and Specific Services - Committee for Human Rights, Cults and National Minorities Issues - Committee for Public Administration Territorial Planning and Ecological Balance - Committee for Labour and Social Protection - Committee for Health and Family - Committee for Education, Science, Youth, and Sport - Committee for Culture, Arts, Mass Information Means - Committee for Legal Matters, Discipline, and Immunities - Committee for Defence Public Order, and National Security - Committee for Foreign Policy - Committee for the Investigation of Abuses, Corrupt Practices, and for Petitions - Committee for Standing Orders - Committee for information technologies and communications

Other committee: Comisia de validare. 3. Sessions: February-June and September-December (Art. 63, Const.).

32

4. The parliamentary system Legislative process: - Initiative of laws: the Government, the Deputies, the Senators and at least 250.000 citizens having the right to vote. The citizens exercising the right to legislative initiative must belong to at least one quarter of the country’s counties, while each of these counties or the city of Budapest at least 10.000 signatures should be registered. This initiative from citizens may not concern matters concerning taxation, international affairs, amnesty or pardon (Art.73-1 and –2, Const.). - Vote: majority in each Chamber. - Referendum: the President may, after consultation of the Parliament, ask the people to express, by referendum, its will on matters of national interest. Dissolution of the Assembly: After consultation with the Presidents of both Chambers and the leaders of the parliamentary groups, the President of Romania may dissolve Parliament, if no vote of confidence has been obtained to form a government within 60 days after the first request was made, and only after rejection of at least two requests for investiture. The President can only dissolve Parliament once in the same year, and it cannot be dissolved during the last six months of the term of office of the President of Romania or during a state of emergency (Art. 89, Const.). Motion of confidence: A motion of confidence must be initiated by at least one fourth of the total number of deputies and senators, and it passes with a majority vote of the deputies and senators (Art. 112, Const.). Participation in European and Euro-Atlantic structures Accession to the OSCE: 25 June 1973 (original member). Accession to the Council of Europe: 7 October 1993. Partner State of NATO. Request for accession to the European Union: June 1995. European Agreement: signature on February 1993, entry into force on February 1995. Participating State of the Black Sea Economic Co-operation Pact. Member State of the Central European Initiative. Minorities Issue On 11 May 1995, Romania has ratified the Council of Europe’s Framework Convention for the protection of national minorities (1st February 1995, STE 157)25 and on 17 July 1995 has signed the Council of Europe’s European Charter for national or minority languages (5 November 1992, STE 148).

25 The first Report of Romania on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) was received by the Secretary General of the Council of Europe on 24 June 1999.

33

The Romanian Parliament Camera Deputatilor Senatul Str. Izvor 2-4, sector 5, 70647 BUCHAREST Piata Revolutiei No 1, 70647 BUCHAREST Tel: +401 402 14 44 Tel.: +401 312 30 79 Fax: +401 312 66 00 Fax: +401 312 11 84 E-mail: [email protected] E-mail: [email protected] Web site: www.cdep.ro Web site: www.senat.ro National Days: 1-2 January, 2 and 5 April, 1-2 May, 1st and 25 December. ECPRD Correspondent: Ioan Vida Str. Izvor 2-4, sector 5, 70647 BUCHAREST Tel: +401 315 09 73 EU Head of Delegation: Jonathan Scheele Str. Grigore Mora 11, Sector 1, 71278 BUCHAREST Tel: +401 203 54 00 Fax: +401 230 24 53 E-mail: [email protected] Council of Europe Information Office Director: Mariana Nitelea 6, rue Al. Donici, Secteur 2, 70224 BUCHAREST Tel : +401 211 68 10 Fax : +401 211 99 97 E-mail : [email protected] Web site: www.dcbuc.at


34

SLOVENIA

The Constitution The public desire to Slovenia' secession from the Socialist Federal Republic of Yugoslavia (SFRY) was first expressed in a referendum on 23 December 1990. On 25 June 1991, the Slovenian Parliament declared independence and adopted 'The Basic Constitutional Charter on the Independence and Sovereignty of the Republic of Slovenia'. Article I Sentence 2 of the Charter reads: "The Constitution of the SFRY ceases to have effect in the Republic of Slovenia". With the 'Enabling Statute for the Implementation of the Constitution of the Republic of Slovenia', adopted on 23 December 1991 by the Parliament, the Socio-Political Assembly, the Assembly of Municipalities, and the Assembly of Associated Labor, Slovenia installed the new Constitution. Constitutional amendments on 14 July 1997 and 25 July 2000.

The Government President: Milan Kucan (1990/1997). The president is directly elected for a five-year term. Prime minister: Janes Drnovsek (2000, LDS). Governing parties: LDS (Liberal Democracy of Slovenia), ZLSD (United List of Social-democrats), SLS-SKD (Slovenian People’s Party + Slovenian Christian Democrats) and DeSUS (Democratic party of Retired People). Elections: Last presidential elections: 23 November 1997. Next elections in November 2002.

The Parliament 1. Composition and electoral system Slovenia has a unicameral Parliament (Drzavni zbor Republike Slovenije). The National Assembly (Drzavni Zbor) has 90 members elected for four years. 88 deputies are elected by proportional representation and ethnic minorities elect 2 members. Slovenia has 8 multi-member constituencies (11 seats) and 2 single-member constituencies representing Hungarian and Italian minorities. Members are elected with a 4% threshold26. The president of the National Assembly is Borut Pahor (ZLSD). The Secretary General is Jozica Velisek. The National Assembly represents the citizens of the Republic. According to the Standing Orders of the National Assembly, the deputies of the Italian and Hungarian minorities have the right to use Italian and Hungarian languages.

Powers of the National Assembly: decide on and proclaim amendments to the Constitution, enact laws and the national budget, ratify international treaties, pass national programmes, declarations, statements, recommendations, opinions and decisions, announce referenda, decide on charges brought against the President of the Republic, the Prime Minister and Ministers before the constitutional court,

26 Threshold introduced by a constitutional amendment, adopted on 25 July 2000, establishing a proportional electoral system.

35

decide on immunity of deputies and of judges, decide on a declaration of war or a state of emergency, decide on the use of armed forces.

Apart from the National Assembly, the Constitution also provides for a National Council (Drzavni Svet), which has 40 members elected for five years. 22 members represent local councillors and 18 members represent commercial and non-commercial interests. The State Council is mainly an advisory organ without full lawmaking powers. The nature and status of the Council are currently under discussion. Ministers can be members of parliament. Last elections: 15 October 2000 Next elections in 2004

Party/Coalition Members Percentage Liberal Democracy of Slovenia (LDS, Drnovsek) 34 36,3 Social Democratic Party of Slovenia (SDSS, Jansa) 14 15,8 United List of Social-Democrats (ZLSD) 11 12,1 Slovenian People’s Party + Slovenian Christian Democrats (SLS+SKD)

9 9,6

New Slovenia Christian People’s Party (Nsi, Bajuk) 8 8,6 Democratic Party of Retired People of Slovenia (DeSUS) 4 5,2 Slovenian National Party (SNS) 4 4,4 Party of the Slovenian Youth (SMS) 4 4,3 United Greens – Greens of Slovenia and Green Alternative (ZZ)

0,9

Democratic Party of Slovenia (DSS) 0,6 Italian and Hungarian minorities 2 Representation of women: 12 out of 90 (13,3%). 2. Organisation of Parliament Parliamentary committees

- Mandates and Immunity Commission (Chairman: Saso Pece) - Commission for Elections, Appointments and Administrative Affairs (Chairman: Ciril Pucko) - Commission on the Incompatibility of Holding Public Office with the Pursuit of Profit-

Making Activity (Chairman: Bogomir Vnucec) - Commission for the Standing Orders (Chairman: Bojan Kontic) - Commission for National Minorities (Chairman: Maria Pozsonec; vice-Chairman: Roberto

Battelli) - Commission for Monitoring the Work of the Intelligence Services Commission for Budgetary

and Other Public Finance Control - Commission for Petitions - Committee for the Economy (Chairman: Franc Horvat) - Committee for Infrastructure and the Environment (Chairman: Andrej Gerencer) - Committee for Agriculture, Forestry and Food (Chairman: Janez Kramberger) - Committee for Finance and Monetary Policy (Chairman: Janez Kopac) - Committee on Foreign Affairs (Chairman: Jelko Kacin) - Committee on Home Affairs (Chairman: Maksimiljan Lavrinc) - Committee for Defence (Deputy Chairman: Dorijan Marsic) - Committee on Health, Labour, Family, Social Policy and the Disabled (Chairman: Stanislav

Brencic) - Committee on Culture, Education, Youth, Science and Sport (Chairman: Rudolf Moge) - Joint Parliamentary Committee of the Republic of Slovenia

36

3. Sessions: 10 January-30 July and 10 September-20 December (Standing Orders, 5 July 1993). 4. The parliamentary system Legislative process: - Initiative of laws: it belongs to the Government, to individual deputies and to no less than 5000 citizens. - Referendum: it may be called by the National Assembly on any issue that is subject of regulation by law. The initiative belongs to the National Assembly itself, to no less than a third of deputies of the National Assembly, to the National Council and to no less than 40.000 deputies. Dissolution of the Assembly: If the National Assembly after a vote of no confidence does neither elect a new Prime minister nor express confidence in the incumbent one in a fresh vote, the President of the Republic shall dissolve the Assembly and call new elections (Art. 117, Const.). If the National Assembly is dissolved, new elections shall be held no more than 2 months after the dissolution. The term of each succeeding National Assembly shall terminate with the first session of the newly elected Assembly, such session shall be convene no more than 20 days after these elections (Art. 81, Const.). Motion of confidence: “The National Assembly may, upon the motion of no less than 10 deputies and by the majority of all elected deputies, elect a new Prime minister” (Art. 116, Const.). Participation in European and Euro-Atlantic structures Accession to the OSCE: 24 March 1992. Accession to the Council of Europe: 30 June 1993. Partner State of NATO. Request for accession to the European Union: June 1996. European Agreement: signature on June 1996, entry into force on February 1999. Member State of the Central European Initiative. Minorities Issue On 25 March 1998, Slovenia has ratified the Council of Europe’s Framework Convention for the protection of national minorities (1st February 1995, STE 157)27 and on 4 October 2000 the Council of Europe’s European Charter for regional or minority languages (5 November 1992, STE 148). Under the European Charter, Slovenia has committed itself to protect the Italian and Hungarian languages as well as to the Romani language. 27 The first Report of Slovenia on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) was received by the Secretary General of the Council of Europe on 29 November 2000.

37

The National Assembly of Slovenia Subiceva 4, 1000 LJUBLJANA Tel: +386 1 478 94 83 Fax: +386 1 478 98 59 E-mail: [email protected] Web sites: www.sigov.si/dz/ www.dz-rs.si Working hours: Monday-Thursday: 8.00 a.m.-4.00 p.m./ Friday: 8.00 a.m.-3.00 p.m. Parliamentary holidays: 1-9 January, 31 July and 9 September, 21 December and 31 December. National holidays: 8 February, 27 April, 1-2 May, 25 June, 1st November, 26 December (Independence Day). Religious holidays: 21-24 April, 11 June, 15 August, 31 October and 25 December. ECPRD Correspondent: Natasa Glavnik Subiceva 4, 1000 LJUBLJANA Tel: +386 1 17 61 227 EU Head of Delegation: Erwan Fouere Trg Republike 3, XI., 1000 LJUBLJANA Tel: +3861 4251303 Fax: +3861 4252085 E-mail: [email protected] Council of Europe Information Office Director: Liana Kalcina Srhoj Rimska cesta 16, 1000 LJUBLJANA Tel: +386 61 121 43 00 Fax: +386 61 121 43 05 E-mail: [email protected] Web site: www.idcse.nuk.si


38

“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”

The Constitution

"The Former Yugoslav Republic of Macedonia" is the name acknowledged by the UN as the (current) official name of the Republic. Today's political Macedonia comprises the territory of the former Yugoslav Republic of Skopje and should be distinguished from ancient Greek Macedonia and from the Greek province of Macedonia. The Republic of Macedonia gained independence from former Yugoslavia on 17 September 1991. The Constitution was adopted on 17 November 1991 and is effective since 20 November 1991. Amendments have been added on 6 January 1992. A Framework Agreement was signed on 13 August 2001. It ends the political and armed conflict between the Macedonian authorities and the Albanian minority. Constitutional amendments were adopted on 15 November 2001 by the Parliament.

The Government President: Boris Trajkovski (14 November and 5 December 1999, VMRO-DMPNE). The President is directly elected for a 5 year-term. Premier Minister: Ljupco Georgievski (1998, VMRO-DMPNE). Governing parties: a new National Unity government was formed in May 2001. It includes VMRO-DMPNE (Internal Macedonian Revolutionary Organisation – Democratic Party for Macedonian National Unity), DPA (Democratic Party of Albanians), LDP (Liberal-democratic Party) and PDP (Democratic Prosperity Party, Albanian)28. Elections: Last presidential elections: 31 October and 14 November 1999. Next elections in 2004.

The Parliament 1. Composition and electoral system The President of the unicameral National Assembly of Macedonia (Sobranje) is Stojan Andov (LDP). The Secretary General is Karolina Ognjanovic Cukalieva. The Assembly has 120 members elected for four years. 85 are elected in single-seat constituencies and 35 are elected from one nation-wide constituency by proportional representation with a 5% threshold. Members of the government cannot be members of the Parliament. Powers: adopt and change the Constitution; adopt laws and give the authentic interpretation of laws; determine public taxes and fees; adopt the budget; ratify international agreements; decide on war and peace; make decisions on association in and disassociation from any form of union or community with other states; make decisions concerning any changes in the borders of the Republic; elect the Government and judges at the Constitutional Court; carry out political monitoring and supervision of the Government and other holders of public office responsible to the Assembly (Art. 68, Const.).

28 The Social Democratic Union of Macedonia (SDSM) was in the governing coalition until November 2001.

39

Last parliamentary elections: 18 October and 1st November 1998 Next elections on 15 September 2002

Party/Coalition Members Percentage Internal Macedonian Revolutionary Organisation – Democratic Party for Macedonian National Unity (VMRO-DMPNE, Ljupco Georgiecski)

49 28,1

Social Democratic Union of Macedonia (SDSM, Branko Crvenkovski)

27 25,2

Democratic Prosperity Party (PDP, Albanian minority, Mohamet Halili)

14 19,3

Democratic Alternative (DA, Vasil Tuparkovski) 13 10,1 Democratic Party of Albanians (DPA, Arben Xhaferi) 11 19,3 Liberal-Democratic Party29+ Democratic Party of Macedonia (LDP+DPM)

4 7

Socialist Party of Macedonia (SPM) Union of Roma in Macedonia (SRM)

1 1

4,7

Representation of women: 8 out of 120 (6,7%). 2. Organisation of Parliament Parliamentary committees

- Committee on Constitutional Issues (Chair: Stojan Andov) - Legislative Committee (Chair: Kiril Andonovski) - Committee on the Political System (Chair: Milanco Cherkezov) - Committee on Internal Policy and Defence (Chair: Gorgi Kotevski) - Foreign Policy Committee (Chair: Jordan Boshkov) - Committee on Election and Appointment Issues (Chair: Chedomir Kralevski) - Standing Inquiry Committee for Protection of Civil Freedoms and Rights (Chair: Tito

Petkovski) - Committee on Inter-Ethnic Relations (Chair: Sejfedin Haruni) - Committee for Supervising the Work of the Security and Counter-Intelligence Directorate and

the Intelligence Agency (Chair: Ljubomir Popovski) - Finance and Budget Committee (Chair: Fadil Bajram) - Committee on Economy (Chair: Nikola Popovski) - Committee on Economic Policy and Development (Chair: Milan Stavrev) - Committee on Monetary and Credit Policy and Banking (Chair: Stojan Andov) - Committee on Agriculture, Forestry and Water Resources Management (Chair: Borce

Sibinovski) - Committee on Contruction and Urban Planning (Chair: Aslan Selmani) - Committee on Traffic and Communication (Chair: Krale Spancevski) - Committee on Environment, Youth and Sport (Chair: Ismet Ramadani) - Committee on Education and Science (Chair: Bilal Ljutfii) - Committee on Culture (Chair: Stojan Popov) - Committee on Health Care (Chair: Nikola Jovanov) - Committee on Labour and Social Policy (Chair: Aleksandar Geshtakovski) - Committee for Marking Anniversaries of Important Events and People (Chair: Kiril Nasteski) - Committee on Rules of Procedure and Mandatory Immunity Issues (Chair: Goran Nevenoski) - Committee on Euro-Atlantic Integration

3. Session: permanent (Art. 66, Const.).

29 It split into the LDP and the Liberal Party of Macedonia.

40

4. The parliamentary system Legislative process - Initiative of laws: every Representative of the Assembly, the Government and at least 10.000 voters. - Referendum: the Assembly decides on issuing notice of a referendum concerning matters within its sphere of competence by a majority vote of the total number of Representatives. If a referendum is proposed by at least 150.000 voters, the Assembly is obliged to issue notice of it. The decision of the majority of voters in a referendum is adopted if more that half of the total number of voters voted (Art. 73, Const.). - Vote: majority (two-third majority or referendum for decisions on any change in the borders of the Republic (Art. 74, Const.). Dissolution of the Assembly: The Assembly is dissolved when more than half of the total number of Representatives votes for dissolution (Art. 63, Const.).The government ceases its term when the Assembly is dissolved. Motion of Confidence: A motion of confidence may be initiated by at least 20 representatives. The vote is adopted by a majority vote of all Representatives. If a vote of no confidence in the government is passed, the government is obliged to submit its resignation (Art. 92, Const.). The government itself has the right to raise the question of confidence before the Assembly (Art. 93, Const.). Participation in European and Euro-Atlantic structures Accession to the OSCE: 12 October 1995. Accession to the Council of Europe: 9 November 1995. Partner State of NATO. European Union Stabilisation and Association Agreement: concluded at the Zagreb Summit on 24 November 2000 and signed on 9 April 2001 by the Ministers for Foreign Affairs of the European Union. Member State of the Central European Initiative. Minorities Issue On 25 July 1996, the FYR of Macedonia has signed the Council of Europe’s European Charter for regional or minority languages (5 November 1992, STE 148) and has ratified on 10 April 1997 the Council of Europe’s Framework Convention for the protection of national minorities (1st February 1995, STE 157)30. The National Assembly of the Former Yugoslav Republic of Macedonia Sobranie, 11 Oktomvri B.B., 91000 SKOPJE Tel.: +389 91 112 255, 119 457

30 The first Report of the FYR of Macedonia on the legislative and other measures taken to give effect to the principles set out in the Framework Convention (article 25-1 of the Convention) was expected on February 1999.

41

Fax: +389 91 111 675, 135 401 E-mail: [email protected] Web site: www.sobranie.mk Working hours: 7.00 a.m.-3.00 p.m. National holidays: 1-2 January, 1-2 May, 2 August, 8-9 September, and 11 October. Religious holidays: 7-8 January, 15 April, 30 April-1st May, 25 December31. ECPRD Correspondent: Roska Georgievska Sobranie, 11 Oktomvri B.B., 91000 SKOPJE Tel.: +389 91 11 22 55 OSCE Head of Mission: Amb. Craig Jenness Makosped Building, Marshal Tito 9-2, 91 000 SKOPJE Tel: +389 91 111 143 Fax: +389 91 111 267 E-mail: [email protected] Web site: www.osce.org/skopje EU Head of Delegation: Jose Pinto Teixeira Paleta Makedonia, Marsal Tito 12, 1000 SKOPJE Tel: +389 91 122 032 Fax: +389 91 126.213 E-mail: [email protected] Web site: www.delmkd.cec Council of Europe Information Office Director: Vladimir Ristovski Ul. Mito Hadzivasilev Jasmin br.20, 91000 SKOPJE Tel: +389 91 123 616 Fax: +389 91 123 617 E-mail: [email protected] Web site: www.iocoe.org.mk


31 For Muslims: 1st day of Ranazan Bairam and 1st day of Kurban Bairam. For Jewish Community: 1st day of Ian Kipur.

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TURKEY

The Constitution The fifth Constitution was approved in 1982 by the last military regime after its seizing power in 1980. The 1995 amendments abolish about 20 articles and the preamble that stated the people's will to accept military rule. Civil servants will be allowed to engage in collective bargaining and unions may take part in politics. The right to vote at age 18 and the right to join political parties are now acknowledged. An ongoing dispute concerns the anti-Kurdish catch-all security provision in Art. 8 Anti-Terrorism Law ("[criminal is whatever] damages the unity of the state").

The Government President: Ahmet Necdet Sezer (2000). The President is elected for a seven-year term by the National Assembly. Prime Minister: Bülent Ecevit (1999, DSP). Governing parties: Democratic Left Party (DSP), Nationalist Movement Party (MHP) and Motherland Party (AnaP).

The Parliament 1. Composition and electoral system The President of the unicameral Grand National Assembly of Turkey (Türkiye Büyük Millet Meclisi) is Omer Izgi (MHP). The Secretary General is Vahit Erdem. The Grand National Assembly has 550 members32, directly elected in 79 multi-member constituencies (corresponding to the country’s provinces) for a five-year term by mitigated proportional representation using the d’Hondt method with restricted options. Members are elected with a 10% threshold and a double barrier; this means that the candidate can only be elected if the party: 1) is fully organised in at least half of the provinces and one-third of the districts within these

provinces; 2) has nominated two candidates for each parliamentary seat in at least half of the provinces; 3) has obtained at least 10% of the valid votes cast nation-wide; and 4) has received; in the constituency in question, valid votes at least equal to the applicable simple

electoral quotient. Voting is compulsory, abstention being punishable by a fine. Electoral Law: 1st January 2000. Ministers are required to be members of the Parliament. Powers: enactment, amendment and repeal of laws; supervision of the Council of Ministers and the Ministers; authorisation of the Council of Ministers to issue governmental decrees having force of law on certain matters; debating and approval of the budget draft; making decisions regarding printing of currency and declaration of war; ratifying international agreements (Art. 87, Const.).

32 In the Constitution of 1982, the TGNA had 400 representatives. This number was increased to 450 by an Amendment of June 1987, and to 550 by an Amendment of July 1995.

43

Last general elections: 18 April 1998 Early elections on 3 November 2002

Party Members Percentage Democratic Left Party (DSP, Bülent Ecevit, soc. democrat) 136 22.3 Nationalist Movement Party (MHP, Devlet Bahçeli) 129 18.1 Virtue Party (FP, Recai Kutan, moderate islamist)33 111 15.5 Motherland Party (AnaP, Ahmet Mesuf Yilmaz, cons.) 86 13.3 True Path Party (DYP, Tansu Ciller, cons.) 85 12.1 Republican People’s Party (CHP, Deniz Baykal, soc. democrat) - 8.9 Democratic People’s Party (Hadep, Murat Bozlak34, Kurdish minority)

- 4.7

Grand Unity Party (BBP, Muhsin Yazicioglu) - 1.5 Representation of Women: 23 out of 550 (4,2%). 2. Organisation of Parliament 3. Sessions: “the Turkish Grand National Assembly shall convene on its own accord the 1st day of October each year” (Art. 93, Const.). 4. The parliamentary system Legislative process: - Initiative of law: the Council of Ministers, the Deputies. - Vote: absolute majority (quorum: a quarter plus one of the total number of members). Dissolution:

a) If the Council of Ministers is unseated with an absolute majority of the votes of no-confidence (Art. 99, Const.), and a new Council of Ministers cannot be formed within 45 days, the President of the Republic, in consultation with the President of the National Assembly, may dissolve the National Assembly and call for elections (Art. 116, Const.).

b) If a President of the Republic cannot be elected with an absolute majority even in the fourth ballot, the National Assembly is dissolved and new elections to be held (Art. 102, Const.).

Motion of Confidence:

a) The reading of the Government Programme of the Council of Ministers shall be followed by a vote of confidence (Art. 110, Const.).

b) The Prime Minister may, after consulting the Council of Ministers, ask for a vote of confidence in the National Assembly (Art. 111, Const.).

c) A motion of confidence can be tabled in the course of a debate of a motion for interpellation initiated by a political party or by the signature of at least 20 deputies (Art. 99, Const.).

Participation in European and Euro-Atlantic structures Accession to the Council of Europe: 13 April 1950. Accession to the OSCE: 25 June 1973 (original member). Member State of NATO.

33 On 22 June 2001, the Turkish Constitutional Court decided to ban the Virtue Party for activities contrary to the principle of a secular republic, to expel two of its members from Parliament and to impose political bans on five more members (see: Resolution 1256 (2001) of the Parliamentary Assembly of the Council of Europe). 34 Mid-February 1998 the party’s 57-member directorate was arrested. Murat Bozlak and eight other members are reported to be in custody.

44

Request for accession to the European Union: 14 April 1987. Association Agreement: signature on September 1963, entry into force on December 1964. Participating State of the Black Sea Economic Co-operation Pact. Grand National Assembly of Turkey T.B.M.M ANKARA Tel.: +90 312 420 51 51 Fax: +90 312 420 67 56 E-mail: [email protected] Web site: www.tbmm.gov.tr National holidays: 1st January, 8-9 January, 16-19 March, 23 April, 19 May, 30 August, 29 October (Republic Day), 28-29 December. ECPRD Correspondent: Ali Riza Cihan T.B.M.M ANKARA Tel.: +90 312 420 68 35 EU Representation of the European Commission in Turkey Head of Representation: Karen Fogg Ugur Mumcu Caddesi 88, 4th floor, 06700 Gaziosmanpasa, ANKARA Tel: +90 312 446 55 11 Fax: +90 312 446 67 37 E-mail: [email protected] Web site: www.deltur.cec.eu.int


45

YUGOSLAVIA

The Constitution The Constitution of the Federation dates 27 April 1992. The Federation of Yugoslavia is composed of two Republics: the Republic of Serbia and the Republic of Montenegro. Constitutional amendments of 6 July 2000 were made by Milosevic supporters in a way prejudicial to the interests of Montenegro. As a reaction, Montenegro decided on 8 July 2000 not to recognise any longer acts of Federal authorities. The continuation of the Federation between Serbia and Montenegro is, at the moment, the main constitutional issue. Proposals for a new Constitution is under discussion35.

1. The Republic of Yugoslavia 1.1 The Government President: Vojislav Kostunica (Since 7 October 2000, Leader of the coalition DOS, Democratic Opposition of Serbia). Four year term. Prime minister: Dragisa Pesic36 (26 July 2001). “The Federal Assembly shall elect the President of the Republic for a four-year term by secret ballot. The President of the Republic and the federal prime minister may not be from the same member republic” (Art. 97-3 of the Constitution). 1.2 The Parliament The Federal Assembly is bicameral. Milan Lucic is the Secretary of the two Chambers. • Composition and electoral system 1) The Chamber of Citizens (Vece Gradjana)

The Chamber consists of 138 members, where 60 are elected for four years in single-seat constituencies and 78 members by proportional representation. To assure that both republics are represented, 108 must be elected from Serbia and 30 from Montenegro. Federal law regulates the election of mandates, and the members must represent the Federation. The President of the Chamber of Citizens (the Speaker) is Dragoljub Micunovic (DOS). The Secretary General are Milisav Milenkovic and Perisa Jovanovic. The Federation consists of 36 multi-member constituencies (27 in Serbia and 9 in Montenegro), 3 to 5 deputies are elected in each constituency, depending on its population.

2) The Chamber of the Republics (Vece Republika) The Chamber consists of 20 federal deputies from each member republic.

35 The Venise Commission (Council of Europe) has prepared a draft interim report on the constitutional situation in Yugoslavia (October 2001). The document is not yet public. 36 On 29 June 2001, Zoran Zizic announced his resignation from the post of Prime Minister of the Federal government, in protest of the delivery of former President Slobodan Milosevic to The Hague tribunal. It was accepted by the Yugoslav parliament on 4 July (source: Radio Free Europe/ Radio Liberty, 4 July 2001).

46

The laws of the member republics regulate the election of mandates, and the members must represent their republic. The President of the Chamber of Republics is Srda Bozovic (SNP). The Secretary General are Vukic Bulatovic.

Powers of the Federal Assembly: decide on the Constitution; decide on admission of other states as member republics into the Federal Republic, decide on association with other states on membership in international organisations; decide on alterations of the frontiers, decide on war and peace, declare a state of war, of imminent threat of war and of emergency; adopt federal laws; approve the federal budget; ratify international treaties falling within the jurisdiction of the Federal Republic; oversee the work of the federal Government and other federal organs and officials responsible to the Federal Assembly; appoint and dismiss the President of the Republic, the Federal Prime Minister, judges of the Federal Constitutional Court, etc. (Art. 78, Const.). • Organisation of Parliament: Permanent commissions and committees Commissions (joint working bodies of both Chambers):

- Constitutional Commission - Legislative-Legal Commission - Commission on the Exercice of Freedoms, Rights and Duties of Man and Citizens - Administrative Commission - Commission on Representation and Proposals - Commission on the Chambers’ Rules of Procedure.

Committees:

- Committee on Foreign Policy and Foreign Economic relations - Committee on Defence and Security - Committee on Justice and Federal Administration - Committee on Credit-Monetary System - Committee on Market and Development - Committee on Agriculture and Rural affairs - Committee on Federal Budget - Committee on Labour, Health and Environmental Protection - Committee on Public Information - Committee on Mandates and Immunity Issues.

• Sessions: two regular sessions: “the first regular session shall begin the first weekday in February

and the second on the first weekday in September” (Art. 89-3, Const.). Last federal election: 24 September 2000 Next elections in 2004

Party/ Coalition: Council of Citizens Council of Republics

Democratic Opposition of Serbia (DOS)37, Kostunica

58

10

Serb Socialist Party/ Yugoslav Left (SPS/JUL), Milosevic/ Mira Markovic

44

7

Socialist Peoples Party of Montenegro (SNP)*

37 DOS Coalition is composed of the following parties : Democratic Party of Serbia, Democratic Alternative, Democratic Party, New Democracy, Movement for Democratic Serbia, Alliance of Vojvodina Hungarians, League of Vojvodina Social-Democrats, Civil Alliance of Serbia, Social-Democracy, Christian Democratic Party of Serbia, Reform Democratic Party of Vojvodina, Association of Free and Independent Trade Unions, New Serbia, League for Sumadija, Democratic Center, Social-Democratic Union, Coalition Vojvodina, Sanddzak Democratic Party.

47

28 19 Serb Radical Party (SRS) 5 2 Serbian Peoples Party of Montenegro (SNSCG)*

2

1 Vojvodina’s Hungarian Union (VMSz) 1 0 Serb Renewal Movement (SPO), Draskovic 0 1 (*) All other parties in Montenegro boycotted the elections, which means that only the Montenegrin opposition sits in the Federal House of Republics. Representation of women:

- Council of Citizens: 10 out of 138 (7,2%) - Council of Republics: 1 out of 40 (2,5%)

• The parliamentary system Legislative process: - Initiative of law: the Federal Government, a federal deputy of each Chamber and no less than 30.000 voters. The National Bank of Yugoslavia has also the right to legislative initiative for a law concerning the monetary, foreign exchange and credit systems. (Art. 95-1 and -2, Const.). - Vote: Both Chambers decide concurrently on questions within the jurisdiction of the Federal Assembly by a majority of voters in each of the two Chambers (Art. 90-1, Const.). A two-third majority (in each Chamber) is required for laws regulating the flag, coat-of-arms or national anthem; election of federal deputies for the Chamber of Citizens; election of the President of the Republic; organisation of the Federal Constitutional Court, proceedings before it and legal effect of its decisions (Art. 90-2, Const.). - Procedure: when a law has not been passed in both Chambers in its identical text, the Chambers set up a commission of 5 federal deputies from each Chamber to harmonise the text (Art. 91, Const.). If the commission fails to harmonise the text of the law within one month, or if the Chambers do not accept the harmonised text, the text approved in the Chamber of Citizens is temporarily adopted (Art. 92-1). If during its temporary enforcement (during no more than one year), the federal law is not adopted in both Chambers, the mandate of the Federal Assembly is terminated (Art. 93, Const.). Dissolution of the Assembly: a) The mandates of deputies in the Federal Assembly shall be terminated if within three months of

the beginning of the procedure a federal government is not elected or if within this time limit the federal budget is not approved (Article 82-1, Const.).

b) The Federal Assembly shall be dissolved at the request of the federal government. The federal government may not dissolve the Federal Assembly if the procedure for a vote of confidence in the government has been initiated (Art. 84, Const.).

c) Elections shall be held within 60 days (Article 84-1, Const.). d) The Federal Assembly may not be dissolved in the first or last six months office term, during a

state of war, imminent threat of war or state of emergency (Art. 85-1, Const.). e) The mandate of the federal government shall also be terminated with the termination of the

mandate or dissolution of the Federal Assembly (Art. 84-2, Const.). Motion of confidence: The federal Prime Minister may put his government to a vote of confidence in the Federal Assembly. Failure to win the vote of confidence shall terminate the mandate of the federal government (Art. 103, Const.). Participation in European and Euro-Atlantic structures Accession to the OSCE: 10 November 2000.

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Special guest status to the Parliamentary Assembly of the Council of Europe: 22 January 2001. Request for accession to the Council of Europe: 9 November 2000.

2. The member states of the Federal Republic of Yugoslavia The Federal government has little power, the real power lies at the republic level. 2.1. The Republic of Serbia The Constitution The Constitution of the Republic of Serbia was adopted on 28 September 1990. A new Constitution is under analysis. The Government President of Serbia: Milan Milutinovic (Since 29 December, 1997, SPS). The President is directly elected for five years. Prime minister of Serbia: Zoran Djindjic (25 January 2001, Leader of the Democratic Party, member of the DOS coalition). The Prime Minister is elected by the National Assembly of Serbia. The Parliament • Composition and electoral system The President of the Serbian Assembly is Natasa Micic (Civic Alliance of Serbia) and the Secretary is Andjelka Dimitrijevic. The Parliament of Serbia has 250 members directly elected for four years. A deputy represents the citizens of the constituency he has been elected in. Powers: decide on amending the Constitution; enact laws; enact development plan, town and country planning document budget and annual balance sheet; make draft of decision relating to the change of boundaries of the Republic of Serbia; determine the territorial organisation in the Republic of Serbia; decide on war and peace; ratify international treaties; announce a public referendum; announce republic public loan and decide on contracting debts by the Republic of Serbia; elect and dismiss the President and Vice-Presidents of the National Assembly, the Prime Minister and Ministers, the President and judges of the Constitutional Court, the Supreme Court and other courts, etc.; effect control over the work of the Government and other agencies and high-ranking officials responsible to the National Assembly (Art. 73, Const.). Last election: 23 December 200038 Next elections in 2004

Party/Coalition Members Percentage Democratic Opposition of Serbia (DOS) 109 43.6 Democratic Party of Serbia (DOS) 45 18 League of Social-Democrates of Vojvodina (DOS) 7 2.8 New Serbia (DOS) 8 3.2 Vojvodina Reformists and Democratic Party of sandzak (DOS) 6 2.4 Socialist Party of Serbia (SPS) 37 14.8

38 See: OSCE/ODIHR Election Observation Mission Report, Republic of Serbia, Parliamentary Elections, Warsaw, 20 February 2001: http://www.osce.org/odihr/documents/reports/election_reports/yu/yu2000fin.pdf

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Serbian Radical Party (SRS) 23 9.2 Party of Serbian Unity (SJ)39 14 2 Independent 1 0.4 The ethnic Albanians in Kosovo boycotted the elections in Serbia. Representation of women: 27 out of 250 members (10,8%). • Organisation of the Parliament Parliamentary Committees:

- Administrative Committee (Chair: Goran Vesic) - Committee on Finance (Chair: Nenad Bogdanovic) - Committee on Industry (Chair: Zivica Predojev) - Committee on Foreign Affairs (Chair: Nada Kolundzija) - Committee on Kosovo and Metohija - Committee on Culture and Information (Chair: Svetlana Stojanevic) - Committee on Interethnic Relations (Chair: Meho Omerovic) - Committee on Science and Technological Development (Chair: Mirko Rosic) - Committee on Defence and Security (Chair: Dragan Jocic) - Committee on Relations with Serbs living outside Serbia (Chair: Rade Bajic) - Committee on Youth and Sports (Chair: Vladimir Dobrosavljevic) - Committee on Agriculture (Chair: Zoran Micovic) - Committee on Justice and Administration (Chair: Dragor Hiber) - Committee on Representations and Proposals (Chair: Velimir-Bata Zivojinovic) - Committee on Privatisation - Committee on Education (Chair: Predrag Stojanovic) - Committee on Labour, War Veterans and Social Affairs (Chair: Novica Djuraskovic) - Committee on Development and Foreign Economic Relations (Chair: Slobodan Radulovic) - Committee on Transport and Communications (Chair: Dragan-Palma Markovic) - Committee on Trade and Tourism (Chair: Nebojsa Lekovic) - Committee on Urban Planning and Civil Engineering (Chair: Marko Petrovic) - Committee on Constitutional Affairs (Chair: Dragan Marsicanin) - Committee on Environmental Protection (Chair: Sinisa Mitrovic) - Committee on Health and Family (Chair: Zivodarka Dacin) - Legislative Committee (Chair: Bojan Pajtic).

• Session: two regular sessions. The first begins the first working day in March and the second the

first working day in October. A regular session may not exceed 90 days (Art. 79, Const.). • The parliamentary system Legislative process: - Initiative of laws: the Government, every representative, the assembly of the Autonomous Province and no less than 15.000 voters (Art. 80, Const.). - Vote: majority (quorum: majority of the total number of representatives). - Referendum: the National Assembly decides if issues within its competence are adopted by referendum. The National Assembly has to call a referendum that is submitted by at least 100.000 voters (Art. 81, Const.). Dissolution of the Assembly (Art.89, Const.):

39 The Party of Serbian Unity is a coalition of four parties : Party of Serbian Unity, Party of Serbian Progress, United Pensioners’ Party and Peasants’ Party of Serbia.

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a) At the proposal of the Government, containing justified grounds, the President of the Republic may decide to dissolve the Assembly.

b) With the dissolution of the Assembly the Government’s mandate shall also terminate. c) Elections for a new Assembly shall be held within 60 days. d) The Assembly may not be dissolved during a state of war, an imminent threat of war or a

state of emergency. If the National Assembly is dissolved, the Government is revoked (Art. 93, Const.). Motion of confidence (Art. 93, Const.):

a) The Government and each of its members shall be responsible for their work to the National Assembly.

b) The Assembly may vote no confidence in the Government or one of his members. c) A vote of no confidence may be held only three days after submitting the proposal to vote

no confidence. d) The Government may itself ask for a vote of confidence in the National Assembly. The

Prime Minister may propose to the National Assembly the dismissal of individual members. The decision on dismissal of the Government or of any of its members shall be deemed adopted if it had been voted by the majority of the total number of representatives. The dismissal of the Prime Minister shall entail the resignation of the entire Government.

The Autonomous Provinces Under the Serbian Constitution (Articles 108 to 112), Vojvodina and Kosovo have the status of autonomous provinces. They both have their own institutions: an assembly, an executive council and agencies of administration.

• Kosovo and Metohia In 1990, following the adoption of amendments to the Yugoslav Constitution, the province’s autonomous status was removed, and the provincial assembly and government were dissolved. Most ethnic Albanian deputies in the Assembly were opposed to its dissolution and formed a “Kosovo assembly-in-exile”, which proclaimed Kosovo a “republic”. They also establish an interim “government”, based in Zagreb. This body organised a referendum among the ethnic Albanian population in the province, at the end of September 1991, the result of which was overwhelmingly in favour of Kosovo’s becoming a sovereign republic. The Assembly-in-exile also arranged elections on 24 May 1992. Ibrahim Rugova, leader of the Democratic Alliance of Kosovo, was declared President of the “Republic of Kosovo”. Both the referendum and the elections were declared illegal by the Serbian and federal authorities.40 Under de facto international rule: On 10 June 1999, UN Security Council Resolution 1244 mandated that the Secretary-General establish an international civilian administration in Kosovo. This entity is known as the UN Interim Administration Mission in Kosovo (UNMIK). Its purpose is to provide transitional administrative functions for Kosovo, while Kosovo establishes its own democratic government as a substantially autonomous entity within the Federal Republic of Yugoslavia.

- The UN-led interim civil administration;

- The humanitarian affairs component led by UNHCR (United Nations High Commission for Refugees);

- The reconstruction component led by the European Union; and

40 “The Europa World Year Book 1999”, vol. 2, Europa Publications, 1999, p. 3965.

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- The institution-building component led by OCSE (the Organisation for Security and Co-operation in Europe).

The Constitutional Framework for Provisional Self-Government was signed on 15 May 2001 by Mr Hans Haekkerup, Special Representative of the UN Secretary General for Kosovo. The Constitutional Framework establishes Provisional Institutions of Self-Government:

1. The Assembly 120 members elected for three years:

- 100 members are elected by proportional representation; - 20 seats are reserved for the additional representation of non-Albanian Kosovo Communities:

10 seats for candidates having declared themselves represneting the Kosovo Serb Community and 10 seats for the following Communities: Roma, Askhali and Egyptian Community (4 seats), Bosniak Community (3), Turkish Community (2) and Gorani Community (1).

The Presidency of the Assembly consists of a 7 Assembly members. The President will be a member of the Presidency from the party or coalition having obtained the highest number of votes in the elections for the Assembly.

2. The President of Kosovo The President is elected by the Assembly for three years.

3. The Government The Prime Minister is nominated by the President. At least two Ministers shall be from Communities other than the Community having a majority representation in the Assembly. The Prime Minister and Ministers may be members of the Assembly.

4. The Judicial system The courts are the Supreme Court of Kosovo, Districts Courts, Municipal Courts and Minor Offences Courts. Judges and Prosecutors are appointed by the Special Representative of the Secretary General. Under the Constitutional Framework for Provisional Self-Government, certain powers and responsibilities are reserved to the Special Representative of the Secretary General, in particular he has full authority to ensure that rights and interests of Communities are fully protected, and he may dissolve the Assembly and call for new elections in circumstances where the Provisional Institutions of Self-Government are deemed to act in a manner which is not in conformity with the UN Security Council Resolution 1244 (1999).

First municipal elections in Kosovo: 28 October 2000 The Democratic League of Kosovo (LDK) led by Ibrahim Rugova obtained 60% of the votes. The Democratic Party of Kosovo (PDK) led by Hashim Thaci obtained 30% of the votes. PDK renews the former Kosovo Liberation Army (UCK). A majority of ethnic Albanians want independence, but the situation in the country is still not clarified. The ethnic Serbs boycotted the municipal election in Kosovo.

Elections of the Local Assembly on 17 November 200141

Party Percentage Members

41 Source of results: http://www.osce.org/kosovo/elections/results/information_package.pdf

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Democratic League of Kosovo (LDK, Rugova) 45.65% 47 Democratic Party of Kosovo (PDK, Thaci) 25.7% 26 Kosovo Serb entity Coalition Return 11.34 22 Alliance for the Future of Kosovo (AAK) 7.83% 8 Vatan/ Bosniak/Gorani entity (VT) 1.15 4 Turkish Democratic Party of Kosovo (KDTP) 1 3 New Intiative for a Democratic Kosovo (IRDK)

0.5 2

Ashkali Albanian Democratic Party (PDASHK)

0.43 2

National Movement for Liberation of Kosovo (LKCK)

1.11% 1

People’s Movement of Kosovo (LPK) 0.56% 1 Justice Party (PD) 0.56 1 Christian Democratic Party of Kosovo (PSHDK)

0.98 1

The United Roma Party of Kosovo (PREBK) 0.34 1 Bosniac Party of Democratic Action of Kosovo (BSDAK)

0.37 1

Representation of women: 34 out of 120 members (28.3%).

• Vojvodina Based in Novi Sad, the Provincial Assembly has 120 members directly elected. The President of the Assembly is Nenad Canak. The last elections were held on 24 September 2000. DOC Coalition obtained the absolute majority (117 deputies). The President of the Executive Council, executive organ of the Province, is Djordje Djukic. 2.2. The Republic of Montenegro The Republic of Montenegro is currently acting for independence. A Referendum Law of the Republic was adopted on 19 February 2001. Montenegro considers the Federal Government as illegitimate and wants to negociate, directly with the Republic of Serbia, the shape of an alliance of two independent Yugoslav republics. The Constitution The Constitution of the Republic of Montenegro was promulgated on 12 October 1994. The adoption of a new Constitution is planned, but suspended to a decision on the status of the Republic of Montenegro. The Government President: Milo Djukanovic (Since 15 January 1998, DPS). The President is directly elected for a five-year term. Prime Minister: Filip Vujanovic (DPS) The Parliament

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• Composition and electoral system The President of the unicameral Assembly of Montenegro is Vesna Perovic (LSCG) and the Secretary General is Dusan Mrdovic. The Assembly has 78 members elected for four years by proportional representation with a threshold of 3%. One deputy is elected for every 6.000 voters. Ministers cannot be members of the Parliament (Art. 93, Const.). Powers: adopt the Constitution and enact laws; enact development plan of Montenegro, budget and annual balance sheet; determine principles for organisation of the State administration; ratify international treaties within the competence of the Republic; announce a republican referendum; float public loans and decide on entering into indebtedness of Montenegro; elect and dismiss the President and members of the Government, the President and judges of the Constitutional Court and other courts; appoint and dismiss public prosecutor and other officials (Art. 81, Const.). Early elections on 22 April 2001

Party/Coalition Percentage Members Coalition “Victory for Montenegro” Democratic Party of Socialists (DPS, Milo Djukanovic) Social Democratic Party (SDP, Zarko Rakcevic)

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Coalition “Together for Yugoslavia” NS Socialist People's Party (SNP) Serbian People's Party (SNS)

40.5

Liberal Alliance (LSCG) 7.8 People’s Socialist Party (NSS, Momir Bulatovic)

2.9

Preliminary statement by the International Election Observation Mission42:

16 parties and coalitions successfully submitted candidate lists for this election. Generally, they fell into two major blocs: the "Victory for Montenegro" coalition and the "Together for Yugoslavia" coalition. Individually registered parties, taking a more radical stance on each side of the pro-independence/pro-federation divide, shadowed the two main coalitions. The Liberal Alliance (LSCG) is committed to unqualified independence and the newly formed People's Socialist Party (NSS) is strongly pro-federation. Contestants representing national minority interests included the Bosniak-Muslim Democratic Coalition of Montenegro, made up of the Party of Democratic Action (SDA), the International Democratic Union (IDU) and the Party of National Equality (SNR). Albanian parties running individually were the Democratic Union of Albanians (DUA), the Party for Democratic Prosperity (PDP), and the Democratic Alliance in Montenegro (DSCG).

Representation of women: 8 out of 78 members (10,2%). • Organisation of Parliament

42 OSCE/ODIHR, 23 April 2001. The Final Report was adopted on 12 June 2001. Both Reports are available on the ODIHR web site: http://www.osce.org/odihr/documents/reports/election_reports/yu/

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Parliamentary committees: - Committee on Constitutional Questions (Chair: Vesna Perovic) - Committee on Law (Chair: Ivan Kalezic) - Committee on Political System, Justice and Civil Services (Chair: Igor Luksic) - Committee on Economic, Finance and Protection of Environment (Chair: Vojin Djukanovic) - Committee on International Relations (Chair: Svetozar Marovic) - Committee on Human Rights and Freedoms (Chair: Ranko Krivokapic) - Committee on Supervision of the Work of the State and Security Services (Chair: Miodrag

Zivkovic) - Committee on Education, Science, Culture, Health, Work and Social Policy (Chair: Asim

Dizdarevic) - Committee on Elections and Nominations (Chair: Radivoje Nikcevic) - Committee on Mandates and Immunity (Chair: Aleksandar Djurisic) - Committee on Monitoring Open and Transparency of the Process of Privatisation (Chair:

Momcilo Vucetic) • Sessions: two sessions: “the first regular session shall begin on the first working day in March and

the second session on the first working day in October” (Art. 82, Const.). • The parliamentary system Legislative process: - Initiative of laws: the Government, deputies and at least 6.000 voters (Art. 85, Const.). - Vote: majority of votes of deputies present. But, a majority vote of the total number of deputies is required for the adoption of laws regulating the manner in which the freedoms and rights are exercised, laws on the electoral system, on the material obligations of citizens, on the State symbols, on the dismissal of the President of the Republic and on the vote of confidence to the Government, on a referendum, on shortening the term of office and on its rules of procedure (Art. 93, Const.). Dissolution of the Assembly (Art. 84, Const.):

a) The Assembly shall be dissolved if it should fail to elect the Government within 60 days from the dates when the President of the Republic proposes candidates for the Prime Minister.

b) The Assembly may not be dissolved during the state of war, in case of an imminent danger of war or a state of emergency.

c) If the Assembly should cease to perform its duties as prescribed by the Constitution for a considerable period of time, the Government may, after hearing the opinion of the President of the Assembly and of the Presidents of the clubs of deputies of the Assembly, dissolve the Assembly.

d) The Government shall not be entitled to dissolve the Assembly if a procedure had been instigated for the vote of no confidence to the Government.

Motion of confidence (Art. 96-97, Const.):

a) The Government may raise the question in the Assembly of its vote of confidence. b) Not less than 10 deputies may submit the proposal for a vote of no confidence and the vote

shall be performed 3 days at the earliest from the date the proposal to that effect had been submitted.

c) If the Government has received a vote of confidence, the proposal to on no confidence for the same reasons may not be submitted before a period of 90 days from the date of previous voting.

The Government shall terminate its mandate when the mandate of the Assembly is terminated, when the Assembly is dissolved, when it submits its resignation and when it receives the vote of no confidence (Art. 98, Const.).

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The Federal Assembly of the Republic of Yugoslavia Trg. Nikolae Pasica 13, 11000 BELGRAD Web site: www.gov.yu/institution/assembly.html Vece Gradjana Tel: +381 11 322 9687 Fax: +381 11 322 7099

Vece Republika Tel.: +381 11 322 9687 Fax: +381 11 322 7099

OSCE Head of Mission to the FRY: Amb. Stefano Sannino Cakorska 1, 11000 BELGRAD Tel: +381 11 3606 149 Fax: +381 11 3672 429 E-mail: [email protected] Web site: www.osce.org/yugoslavia/hom EU Delegation: Geoffrey Barnett, Chargé d’affaires Paje Adamova 4 - 11000 BELGRAD Tel: +381 11 3672 411 Fax: +381 11 3671 143 E-mail: [email protected] National holidays : 1-2 January, 27 April, 1-2 May, 9 May, 29-30 November (Republic Days). In addition, 13 July is a national day in Montenegro and 7 July in Serbia. Council of Europe Information Office Mr François Friederich Cakorsa 1 - BELGRAD Assembly of Serbia Web site: http://www.parlament.sr.gov.yu/english/Homee.htm Vojvodina Web site: http://www.vojvodina.sr.gov.yu/ingles/index.html Assembly of Montenegro Nemanjina Obala 5, 81000 PODGORICA, CRNA GORA, Yugoslavia E-mail: [email protected] Website: http://www.skupstina.cg.yu Kosovo OSCE Head of Mission in Kosovo: Amb. Pascal Fieschi Belgrade Street 32 38000, Pristina, Kosovo Tel.: +381 38 500 162 Fax: +381 38 500 188 E-mail: [email protected] Web site: www.osce.org/kosovo Council of Europe Pristina Office OSCE Headquarters in Pristina, Room 103 INEX building, Kärtnerring 5-7, 4th floor, 1010 VIENNA Tel/Fax: +870 76 209 47 30/ 32

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