Constitutional Law and Stability in South Eastern Europe

Subject of the project "Constitutional Law and Stability in South Eastern Europe: The Contribution of Constitutional Arrangements for the Stability in South Eastern Europe (SEE)" is the legal analysis of minority problems. The emphasis of the analysis lies in the field of comparative constitutional law. As method of comparison the functional analysis of norms is applied. In the project the effects of those minority rights, which are guaranteed on constitutional level, are examined with respect to their contribution to lasting peace and the avoidance of violence. By means of selected constitutions it shall be proved, that the implementation of minority rights into the constitution can contribute to peace between different ethnic communities. It is an investigation hypothesis here, that the establishment of "democratic infrastructure" of the conflict control, with which diverging interests can be coordinated, harmonized and realized, is a precondition for the protection of peace. The institutionalization of conflict control mechanism, may guarantee the solution of conflicts in a democratic way and can prevent escalation of ethnic tensions. Minority problems are among others the causes for permanent conflicts in South Eastern Europe. These ethnically, culturally, religious, linguistic and politically heterogeneous states of SEE, have some common conflict potentials, as for example unresolved boundary and minority problems, deficits in the democratization process and underdeveloped conflict solution mechanisms. Possible solution strategies for these conflict potentials ought to be developed on the basis of a comparison of the constitutions of the Republic of Slovenia and the Federal Republic of Yugoslavia. This should be possible on account of their common historical experiences. Therefore the federal constitution of the Socialist Federal Republic of Yugoslavia form 1974 and the evolution of the republican constitutions of Serbia, Montenegro and Slovenia should be investigated with regard to minorities protection arrangements. The project will be coordinated with the work of the chairman of the side table "rights of persons belonging to national minorities" / working table "democratization and human rights" of the Stability Pact for SEE Mr. Mitja Zagar, (Institutes for Ethnic Studies, Slo).

Subject of the project "Constitutional Law and Stability in South-eastern Europe" was the legal analysis of minority regulations in the constitutions of the "new democracies" in the region of former Yugoslavia and its effect on stability in South-eastern Europe. The project concept has been founded on the hypothesis that on the basis of the fact that despite the violent conflicts in the region of former Yugoslavia all examined states (Slovenia, Croatia, Serbia and Montenegro and Macedonia) are ethnically very much heterogeneous - except Slovenia - and were established as national states, the establishment of so-called democratic infrastructure of conflict regulation which can coordinate and harmonize different interests, is an important precondition for peace keeping and stability. The analysis has proved the validity of the hypothesis and showed that the implementation of minority rights can contribute substantially to peace and stability in SEE. With the project "Constitutional Law and Stability in South-eastern Europe" there have been pursued manifold objectives which comprise personal professional aims of the project head, professional aims (in the field of constitutional law and political science), stability political aims and communication aims. As method the functional method of legal comparison, has been applied, which proved to be an especially suitable method to examine minority rights with respect to their function of conflict prevention and/or conflict regulation. As starting point of analysis the last great constitutional reform of the former SFR Yugoslavia from 1974 and its importance for disintegration of Yugoslavia has been chosen. Subject to closer analysis was also the political culture of the SFRY successor states. In order to be able to analyse the actual function of the minority protection system on site, field trips were carried out, statistical data analysed and interviews with so-called "Key players" i.e. with important personalities as well as representatives of political and scientific institutions were carried out. In accordance with the formulated project aims, the project results are also very numerous and diverse. The implementation of minority rights into constitutions is qualified as an important step to peace keeping, because the establishment of functioning democratic conflict control mechanisms guarantee a solution of conflicts on democratic and non-violent basis. The constitutional minority protection in the analysed countries is very diverse, however it shows some common characteristics. One central finding of the analysis is the conclusion, that the reduction of the conflict causes of existing and historic social conflicts in SEE to ethnic differences is usually insufficient and does not meet the complexity of the problem appropriately. Corresponding uni-dimensional conflict regulation models therefore cannot be effective for lasting peace (see for example Kosovo/a). The stabilization of the democratic infrastructure in SEE has to be seen also in connection with the integration of SEE countries into the legal system of EU. During the project the project head cooperated especially with scientists of the analysed countries. The cooperation contributes to the development of an extended knowledge base in the field of the investigated topic, and is thus of great interest for future EU foreign policy, in particular in connection with the Stabilization -and Association Process (SAP) of the EU and its potential future enlargements.