€ @ RADIO FREE EUROPE €ésearch COMMUNIST AREA This material was prepared forthe use of the editors and policy staff of Radio Free Europe. 2004 YUGOSLAVIA: ~ Law 2% February 1974 YUGOSLAVIA'S NEW CONSTITUTION PROCLAIMED: SOME PRELIMINARY REMARKS Summary: This paper offers some pre- Timinary remarks on the proclamation of Yugoslavia's new Constitution, pending publication of its full text.’ The report will examine some general aspects of the new document which in large part is aimed at strengthening party control nationwide. A new electoral system is briefly mentioned, as is Kardelj's chances of becoming Tito's successor. On February 21 of this year the 140-member Chamber of Nationalities, Yugoslavia's politically most powerful body in the five-house Federal Assembly, solemnly proclaimed the country's fourth Constitution since 1946, Following his doctors' advice, the ailing President Tito, who will be 82 on May 25, stayed home. Other top leaders, led by Edvard Kardelj, domestic and foreign guests, as well as millions of people throughout the country, reportedly greeted the inauguration of the new Constitution with enthusiasm. The 404-article document introduces not only a new assembly system based on delegations, but also recognizes the rights of illegiti- mate children, liberalizes abortion laws and limits capital punish- ment to only the most extreme cases. In the opinion of its authors, "it gives the working man -- for the first time in the history of the world -- the right to manage the results of his work and makes him.his own representa- tive, deputy and committeeman." (1) Thus, according to its creators, the last vestiges of the bourgeois parliamentary system have been removed. It was also announced that the election of delegates to all assemblies at the communal, provincial, repub- lican and federal level will take place before May 15, at which-2- time the new Federal Assembly, composed of two chambers, will meet.to elect President Tito State President for life. (2) Therefore, new elections in Yugoslavia will take place before the 10th Party Congress convenes on May 27. The exultation over the worth and merits of a document which has yet to be publicly tested is an old habit of the Yugoslav leaders, In the past, the three previous ‘constitutions were referred to as "the best in the world," but they had to be replaced in order to adapt to the "revolutionary changes" taking place in the country. Yet two days before the new Constitution was proclaimed, Veljko Milatovic, the President of the Socialist Alliance of the Working People of Yugoslavia, a front organization directed by the Party, revealed the real reasons for the changes. Speaking at a meeting in Montenegro, Milatovic said that "all political institutions of our system have been stuck in a crisis" qy and that with every postponement of changes, "the situation has worsened." (3) Party Control to Intensify Although official party propaganda insists that the new Constitution is designed to strengthen both the working class in general and the workers' self-management system in particular, it will obviously strengthen nationwide party control. There are at least. three innovations in the Constitution, which confirm this: first, the top state collective leadership of Yugoslavia, up until ‘the 23-member State Presidency, has been reduced to only nine members, with the President of the League of Communists of Yugoslavia as an ex officio member (as he would also be after President Tito's death); second, the new system of delegations is based on the so-called "imperative mandate" under which elected delegates at all levels will be unable (in contrast with @ the relative amount of free expression that currently exists) to voice their own views, but must instead strictly adhere to the W instructions "from the base" controlled by the Party; third, the Socio-Political Chamber of the three-house assemblies In the communes, provinces and republics (the Federal Assembly will have only two chambers), will be composed of delegates "from the socio- political organizations." Thus, the Socialist Alliance, "led by the League of Communists," will send its delegates to the assem- blies at the previously-mentioned three levels. An explanation of this procedure is provided by a Belgrade daily: The presence of political power and influence {of the Party] -- not because of power as such (the League of Communists is not trying to return to it) -- is important because of the realization that the responsibility for making the most significant decisions and for the future in general is going to be achieved in the most direct and "most self-managing" way together with self-managers rather than indi- rectly." (4)ee With this new process in effect, it is difficult to see how centralization in the party apparatus can be avoided on the state jevel,* particularly when the Constitution strengthens the top state leadership in the same way as the new Party Statutes are designed to strengthen: the top party leadership. Kardelj ito's Successor? Yugoslavia's first Constitution (merely a copy of the Soviet Constitution) was proclaimed on 31 January 1946. After the June 1946 break with Moscow, Tito decided to change the Constitution and on 13 January 1953 a so-called constitutional law was adopted, a sort of "unofficial Constitution.” Tt lasted 10 years and on 7 April 1963 the third Constitution with 259 articles was proclaimed. Kardelj called ita "progressive and modern Constitution." The April 1963 Constitution was amended three times: the amendments adopted in April 1967 were numbered 1 through 6; those of December 1968 were numbered 7 to 19; and the July 1971 amendments were numbered 20 through 42. Because the amendments were so extensive, it was decided that a new text of the Constitution should be drawn up. Thus, the fourth Constitution with 404 articles (the draft text had 378 articles) came into ‘being. Since several lengthy analyses of the new Yugoslav Constitution, with particular emphasis on the new electoral system, will be made in the near future, only two additional points will be men- tioned at this time: (1) the Federal Assembly will be composed of two chambers ~~ the Federal Chamber and the Chamber of Republics and Provinces. The first will have 220 delegates (30 delegates rom each of Yugoslavia's six constituent republics and 20 from each of the two autonomous provinces; the second chamber will have 88 delegates (12 from each republic and 8 from each province). Therefore, the Federal Assembly will have a total of 308 delegates, but only in rare cases will it sit in plenum. In principle, there will be two active chambers -- each of which will act and pass on decisions within its own competency. The Chamber of Republics and Provinces will act on decisions which will need the approval of all the republics and provinces. (Subsequent papers will deal with the competencies of both chambers.) (2) While the new Constitution was in preparation, as well as during its proclamation, there were indications that Edvard Xardelj was being treated as Tito's successor. He is not only considered the father of the new Constitution, but has been des- cribed as "the only person" capable of mediating between conflict- ing groups. For example, in January of this year a party theore- tician extolled Kardelj's capabilities as follows: We have all been impressed by Kardelj's patience. Meetings of the Constitutiondl Coordinating Commission were frequently attended by members of various working groups. Everybody wanted to give his opinion.Long discussions were conducted about many details. Sometimes it was really difficult to follow them, However, Comrade Kardel} was the only person who not only followed the discussion but also took part in it. Very often he found something rational in ideas which other people were ready to abandon, Kardelj's collab- orators stress that he is not only a good connois- seur of political theory but also of constitu- tional theory. All of us in the Coordinating Commission had a special interest in one parti cular thing. Only Kardelj was capable of dis- cussing everything with the experts, His special merit has been his ability to bring together and appease differing views... It is to Kardelj's merit that the idea of the socio-political cham- bers was accepted... (5) Whether Edvard Kardelj, who was 64 on January 23, will even- tually replace President Tito remains to be seen, although it is widely known that Tito favors him as his successor. As far as Yugoslavia's new Constitution is concerned, there has never been a shortage of "good" and even "best" constitutions, laws, reso~ lutions and regulations. Most of the country's problems have arisen from the fact that the adopted documents were not, in practice, implemented. It therefore would not be surprising if new amendments to tae Constitution were soon recommended, Slobodan Stankovic (1) Borba, Belgrade, 22 February 1974. (2). Politika, Belgrade, 21 February 1974 (3) Ibid. (4) Ibid. (5) Politika, 13 January 1974. €e