Justice minister warns AKS against violation of Constitution

BELGRADE - Serbian Justice Minister Nikola selakovic called on the Bar Association of Serbia (AKS) to invalidate the Ordinance according to which lawyers are obliged to go on strike on the threat of disciplinary sanctions and bar chamber exclusion, because the documents constitutes violation of the Serbian Constitution and a number of other laws.

The Justice Ministry proposes that the AKS should invalidate the Ordinance on lawyer procedures during the warning protests because it is contrary to the Constitution and laws, Selakovic said in the letter sent to AKS President Dragoljub Djordjevic which has been posted on the Ministry's website.

In case AKS does not adhere to the proposition, the Ministry will have the obligation to implement the Law on Public Administration and file a proposition to the government to end the Ordinance implementation and launch proceedings for assessment of its constitutionality and legality, the letter states.

The controversial AKS ordinance adopted on September 13 banned lawyers from appearing in the court for trials or in the Prosecutor's Office and police headquarters.

At the same time, lawyers have the obligation to file only the suits, appeals and other written documents for which delay in submission would result in loss of rights. The failure to adhere to the Ordinance is qualified as serious violation of barrister duty which entails financial fees or even erasure from bar books.

The minister noted that the Ordinance constitutes multiple gross violations of the Constitution and laws, noting that the Constitution guarantees the right to strike, but also envisages that each individual has the right to adopt their own decision as to whether or not to take part in the strike.