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“Legal transformation in South-East Europe using former Yugoslavia as an example: prerequisites, parties involved, failures and successes – a preliminary review” was the title given to the first event to be organised jointly by the IRZ and the South-East Europe association (SOG), which took place in Berlin on 16 November.
Once the international symposium had been opened by IRZ Managing Director Veronika Keller-Engels and SOG Vice-President and Managing Director of the Munich Institute for Eastern European Law, Prof. Dr. Dr. h.c. Herbert Küpper, who also moderated the event, a series of experts from South-East Europe and Germany shed light on various aspects of the legal transformation.
The first of these was former ambassador Gudrun Steinacker, who presented legal transformation from the point of view of an ambassador, drawing on her rich experiences in Bulgaria, Macedonia and Montenegro. This was followed by a lecture on “The framework conditions for transformation from the point of view of a consultant: starting situation, parties involved and external influencing factors” by Dr. Stefan Pürner from the IRZ.
The event focussed on reports about the legal transformation in Bosnia and Herzegovina, Macedonia and Serbia, which were provided in German by
Prof. Dr. Zlatan Meskic, Zenica,
Lecturer Dr. Alexander Spasov, Skopje, and
Professor Dr. Milo Zivkovic, Belgrade.
They called for more respect for continental European legal traditions, since this is the only way of guaranteeing lasting and practical legal development.
The wide spectrum of lectures was rounded off by a contribution from the judge at the Higher Regional Court of Hamm, Norbert Foster, a former international judge in Kosovo and Head of the Rule of Law Mission in Afghanistan, who covered the issue of hybrid codes of criminal procedure in transition states.
Representatives from various institutions took part in the interdisciplinary event:
Academics and members of the justice system also took part in the symposium, as well as experts appointed by the IRZ.
During the second part of the interdisciplinary event, the participants had plenty of opportunity to address their questions to the experts and discuss these with them.
Using many practical examples, the progress of legal transformation and the various issues relating to this matter were brought to light. For example, it became clear that, whilst there are similarities between the various South-East European states, there are also particularities specific to each country. One of the things they have in common is an increasing influence from US law, which leads to extremely problematical laws.
The situation in Bosnia and Herzegovina is particularly complex due to the distribution of responsibilities between the state and individual entities set out in the Dayton agreement. A key factor shared by all the succession states of former Yugoslavia is that the law is now more heterogeneous than it was at the end of the socialist era.
International legal advice from Germany has been credited with a great deal of effectiveness and expertise. It has, however, been established that it appears to be rather reticent compared with other foreign organisations offering legal advice.
The speeches from the event and the results of the discussions will be available for those who are interested in a special edition of the “Südosteuropa Mitteilungen” journal published by the SOG.
Thanks to the huge success of this pilot event, the IRZ and SOG have decided to continue their cooperation by organising other similar public events.
From 19 to 22 September 2017, Munich, Regensburg and Nuremberg were the venues for a working visit, organised by the IRZ for experts from Bosnia and Herzegovina, Macedonia and Serbia on the subject of “Coming to terms with the past – objectives, difficulties and ways forward”.
All the participating law professionals speak German and had already worked on issues concerning the legal processes for dealing with the past of various authoritarian systems in Germany and/or in their own countries. The focus of the study visit was on exchanging experiences and ideas with experts from the Munich Institute for Eastern European Law (IOR) based in Regensburg.
“The Notary and Aryanisation” event in Munich
To open the event, the President of the German Association of Notaries, Dr. Oliver Vossius, talked about “The Notary and Aryanisation”, a subject on which he had also put together a collection of relevant sources. Vossius explained that the National Socialist system of injustice stretched across three phases:
A revolutionary phase, which began with the seizure of power and ended with the “Röhm-Putsch” (also known as the “Night of the Long Knives”), followed by a phase of semblance of legality (July 1934 to the invasion of the Soviet Union in 1941) and then a period of “Removal of legal boundaries” ending in 1945.
Lively exchange of ideas at the IOR in Regensburg
At the Munich Institute for Eastern European Law (IOR) in Regensburg, the South-East European guests met with the regional consultants from the Institute to discuss relevant experiences in the following countries: Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Germany, Hungary Macedonia, Poland and Serbia.
Overall, the general conclusion was that the process of dealing with the past in most former socialist states has only been - and still is - very hesitant, just like the situation in Germany with regards to National Socialism during the first few years after the war.
When it comes to making the appropriate legal provisions, for example by compensating and rehabilitating victims of previous authoritarian regimes, Hungary has made the most progress.
On the other hand, the former Yugoslavian states remain far behind the former socialist states of Eastern Europe in this matter, as well as in the way this topic is handled by society in general. With regards to the handling of injustice in the socialist system, discussions focussed on one of the possible causes, which is the fact that during the collapse of Yugoslavia, there was no broad social consensus on the ending of the socialist regime, but rather a desire to create several national states.
South-East European projects for dealing with the past
Various projects, for which the first results of the corresponding research in these countries has already been compiled, were also presented. These include a research project led by the IOR, which was introduced by IOR Managing Director Prof. Dr. Dr. h.c. Herbert Küpper. The results of the project were published in 2010 in a book entitled “Die rechtliche Aufarbeitung der kommunistischen Vergangenheit in Europa” (“Legal review of the communist past in Europe”) by Prof. Dr. Dres. h.c. Friedrich-Christian Schroeder, Academic Director of the IOR, and Prof. Dr. Herbert Küpper.
For former Czechoslovakia, the publication “Communist Law in Czechoslovakia”, which contains more than a thousand pages, was presented during the study visit by the lecturer Dr. Vojtech Simicek, a judge at the Constitutional Court of the Czech Republic and one of the publishers of this work. Much of the content of this publication can be viewed on the website.
Fortunately, some initial approaches have also been made towards coming to terms with the past in the former Yugoslavian region. These range from various events on the subject, which have been carried out with the support of the IRZ, to papers that have already appeared or are currently being prepared. There are also a few publications on this subject.
Particularly worth mentioning here is the journal “Hereticus - a magazine for re-examination of the past” published by a group including two Belgrade university lecturers, Prof. Dr. Jovica Trkulja and Prof. Dr. Dr. h.c. Vladimir Vodinelic. The journal has been in circulation since 2006 and is therefore the most in-depth and long-lasting project of its kind in South-East European succession states. The journal has published articles on the region’s communist past, for example during the time of the Milosevic regime, as well as on overcoming the Nazi regime in Germany.
During the study visit, Benjamina Londrc from the Faculty of Law in Zenica also presented the publication on the legal situation of the Jewish community in Herzegovina between 1918 and 1945, which is already in its second edition.
Other initiatives relating to Bosnia and Herzegovina, Macedonia and Serbia were also mentioned by Prof. Dr. Zlatan Meskic, also from Zenica, and lecturers Dr. Aleksandar Spasov and Prof. Dr. Slavko Djordjevic from Kragujevac.
The various objectives for dealing with the past
During the course of the discussions, it became clear that there is a fundamental difference between Germany and the former socialist states of South-East Europe when it comes to their objectives for dealing with the past. In Germany, dealing with the past has been about self-critical reflection and studying the wrongdoings of their own people, whilst in the region of former Yugoslavia it is more a case of pointing out the wrongdoings of other ethnic groups, whilst members of their own groups are frequently seen indiscriminately as “heroes” and/or “victims”.
Nuremberg as the last port of call on the study visit
Nuremberg was last on the itinerary and the South-East European guests visited the Documentation Centre at the Nazi Party Rally Grounds and the Nuremberg Trials Memorial. As well as a guided tour and discussions with an expert at the Memorial, Andreas Mix, there was also a lecture by Dr. Sabina Ferhadbegovic from the University of Jena on the punishment of German war crimes in former Yugoslavia.
The working visit provided participants with a number of concrete references on the comparative legal situation and sources relating to this.
It brought together a transnational network of experts working on this important, though often unpopular, subject.
The presentation of the documentation of the results of projects in publications and on websites provided valuable “technical” support.
The IOR and the Faculty of Law in Kragujevac have decided to exchange publications in future.
The working visit led to various ideas finding their way into the current activities of the participants.
Therefore, the IRZ will continue the transnational handling of the subject of “Coming to terms with the past”.
The format of a shared exchange of expertise between IRZ project partners and experts at the IOR has also proved to be successful. This will therefore also be used in future for other suitable subjects.
The Republic of Serbia Ministry of Justice and the European Union launched an eighteen-month Twinning project “Improving capacities and capabilities within the prison system in the Republic of Serbia”, which is being implemented in partnership with Germany and Austria. The project, which is worth 1 million EUR, has the objective to improve the prison system of the Republic of Serbia through a transfer of experiences, expertise and good practices developed in EU member countries.
The opening ceremony marking the start of the project was held on 15 September 2017 at the Palace of Serbia and audiences were addressed by:
Sem Fabrizi, Ambassador, Head of the EU Delegation in Serbia
Dr. Wolfgang Brandstetter, Vice-Chancellor of Austria
Nela Kuburović, Minister of Justice of the Republic of Serbia
Dušan Čarkić, Assistant Minister of Finance Contracts and Financing of EU Funded Projects (CFCU) and
Katharina Tegeder, Coordinator for EU-projects, IRZ
IRZ as the Lead Member State Partner was entrusted with responsibility to successfully carry out the implementation of the project, supported by the Agency for Economic Cooperation and Development (aed) from Austria as the Junior Member State Partner.
Implementation phase commenced on 04 July 2017 with the arrival of the Resident Twinning Adviser, Catalin Bejan, in Serbia. Our project team is located in the premises of the Centre for Training and Vocational Education of the Administration for Enforcement of Penal Sanctions in Niš from where they will coordinate the implementation.
In accordance with the real need to continue to strengthen the capacities of the prison system in the Republic of Serbia, the Twinning Project is funded by the EU and designed to contribute to the professional development of prison staff through improving the quality of their education and training in order to strengthen the overall capacities of the Administration for Enforcement of Penal Sanctions.
Over the next 18 months, experts from the Germany and Austria will work closely with colleagues from the Administration for Enforcement of Penal Sanctions. A series of analysis, training seminars, workshops, study visits and meetings will be organised in order to improve the employability of convicted persons while also improving the living and working conditions within the prison system in Serbia.
More specifically, project experts will work on the improvement of organisational and technical capacities of the Centre for Training and Vocational Education of the Administration for Enforcement of Penal Sanctions in Niš which will help to prepare and deliver training programmes for the staff employed within the system of enforcement of criminal sanctions. A number of training sessions will be organised for the staff of the security service, treatment service and health service in the institutes for enforcement of criminal sanctions as well as vocational education of female inmates in the Penal Correctional Institute in Požarevac.
The project is principally funded by the EU and co-funded by the Republic of Serbia. The beneficiary of this project is the Administration for Enforcement of Penal Sanctions of the Ministry of Justice, while the contracting authority on behalf of Serbia is the Department for Contracting and Financing of EU Funded Programs.