SERBIA: DSS CHALLENGES CALL FOR PRESIDENTIAL ELECTIONS

UNCLAS SECTION 01 OF 02 BELGRADE 001666

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EUR/SCE

E.O.12958: N/A
TAGS: PGOV PREL SR
SUBJECT: SERBIA: DSS CHALLENGES CALL FOR PRESIDENTIAL ELECTIONS

REFS: A. Belgrade 1657 B. Belgrade 1504 C. Belgrade 1552

Summary
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1. (SBU) The Democratic Party of Serbia publicly challenged the
December 12 call for presidential elections by Serbia's Parliament
Speaker Oliver Dulic. Other parties, however, including those in
the opposition, support the election timeframe. Dulic defended his
actions and said that any challenge should go the Constitutional
Court. The legal situation is increasingly murky, causing fractures
within the coalition government, and may be the first test for the
newly appointed Constitutional Court, if an official challenge is
ever filed. In the end, however, momentum appears to be moving
towards holding the elections as Dulic announced. End Summary.

DSS Challenge
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2. (U) The Democratic Party of Serbia (DSS) publicly challenged the
constitutionality of Dulic's December 12 announcement, which called
for presidential elections to be held on January 20, 2008. Milos
Aligrudic, Member of Parliament and Vice President for the DSS,
while speaking on the Assembly floor on December 13, accused Dulic
of violating the Constitution. The DSS maintains that the
Constitutional law requires presidential elections to be called no
later than 60 days after laws related to the presidential elections
and presidential powers go into effect and noting that all of these
laws would not be in effect for a few more weeks. (Laws are in
force and effect eight days after publication in the Official
Gazette.) The DSS has yet to file a legal challenge to Dulic's call
for elections, and is currently considering its next action;
however, Aligrudic said no action would be taken before the December
19 UNSC session on Kosovo.


3. (SBU) Dulic, addressing the Assembly on December 13, rejected
claims that he had violated the Constitutional law and said any
challenges should go to the Constitutional Court. Supporters of
Dulic say the Speaker acted appropriately by calling for elections,
since the Constitutional law also stipulates a deadline of December
31 for calling elections. University of Belgrade Law Professor and
member of Dulic's Democratic Party (DS),Dragor Hiber, told poloff
that Dulic did not violate any constitutional provision since he
called elections before December 31. The B92 media outlet reported
that law professor (and another DS member) Stevan Lilic said Dulic's
decision respected the intent of the law -- that Serbia needed
presidential elections.

Most Other Parties Support Election Date
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4. (SBU) In addition to the DS, Dulic's announcement has the
support of all other major parties, the Speaker's foreign affairs
advisor, Lidija Bartus, told poloff December 13. President Boris
Tadic (DS) said the decision to call elections would not endanger
the DS-DSS ruling coalition or create a government crisis, media
reported on December 13. Media also reported that the G17 Plus,
Liberal Democratic Party, and Serbian Radical Party would give their
support for January 20 elections. Liberal Democratic Party (LDP) MP
Ivan Andric told poloff on December 13 that even though Dulic may
have violated the constitutional law, the LDP probably would not
challenge the decree and would support elections. In addition to
the DSS, New Serbia Party (and DSS partner),and the Socialist Party
of Serbia (SPS) have opposed the election announcement.

Who Decides?
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5. (SBU) Jurisdiction to resolve this dispute is still unclear.
Serbia's newly reconstituted Constitutional Court, which has yet to
officially meet, may not have purview over this matter, since it
involves a decree, not a law or act, and it may pass to the Supreme
Court to decide. Alternatively, the parliamentary constitutional
committee may weigh in. Marko Blagojevic, Executive Director of the
Center for Free Election and Democracy (CeSID) and prominent
elections expert told poloff on December 13 that the legal situation
was "unclear." Blagojevic agreed with DSS that the laws must be in
effect before taking a decision on elections. One more wrinkle,
according to Blagojevic, was that the law on the military, one among
the body of laws at issue, was written to come into effect on
January 1, 2008.

Comment
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6. (SBU) The long-anticipated call for elections has evoked the
predictable political and constitutional wrangling which may serve
as the first challenge to the Constitutional Court. As of now,
however, the arguments for and against the calling of elections

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remain solely in the public media circles, since the DSS is still
deciding its next move. Ultimately, the dispute will likely be
resolved through backchannels, as has happened in the past, avoiding
the courts and Assembly, in order to reach a solution that maintains
the government coalition throughout the Kosovo status process. End
Comment.

MUNTER