Status of the provincial government in the Draft for the Statute of the Autonomous Province of Vojvodina.

Regardless of the fact that a new Constitution of the Republic of Serbia basically doesn't foresee significantly different status of Vojvodina, which is still just an autonomous territorial unit within the unitary regulated Republic of Serbia, nevertheless, is the total legal status of provincial administration in the Draft for the Statute of the Autonomous Province significantly differently regulated. The most important changes are in the entirely different principle of the organization of the provincial government which affected significantly different relations between the provincial administration and the Assembly of the Autonomous Province and the Government of the province as well as on the constitution of provincial administration counties which should execute the affairs of the provincial administration outside the main office of the provincial administration bodies which currently don't exist. To have a total view of the new legal position of future provincial administration in legal aspect will be possible later, when other important issues of the legal status and the organization of provincial administration are regulated by the decisions of the Provincial Assembly and the Provincial Government, authorized by the future Statute of the AP Vojvodina. To some provisions of the Draft for the Statute about the legal status of the provincial administration could be raised objections, however, equally as it was the case with numerous provisions of this act, to which the competent public already pointed out that they were not in concordance with the Constitution of the Republic of Serbia. Surely, the greatest imperfection in this regard represents the total failure regarding the choice of principle of provincial administration organization, where instead of the constitutionally stipulated assembly system of the government union, there is introduced the principle of the division of government and the parliamentary system. Similar problem exists with the provision about the provincial administration counties, which divide Vojvodina to geographical regions unknown to the Constitution of Republic of Serbia. Great issue with the Constitution, but also with the Act about the protector of the citizen's rights and the Act about Local Self-Government, have the provisions of the Statute addressing the Provincial Ombudsman, by which the manner of regulating the jurisdiction of this provincial institution is entirely failed. Beside these there are numerous other provisions about provincial administration which are not entirely in concordance with the Constitution or some of the Republic Laws. Therefore, in order to make the status of provincial administration entirely founded on solutions from the new Constitution and valid republic legislation, it is vital to eliminate all the noted imperfections, so that the final legal shaping of the major future provincial legal act wouldn't have to be performed by the Constitutional Court of the Republic of Serbia. [ABSTRACT FROM AUTHOR]