The Yugoslav Community of Nations

376 Pages·2018·29.416 MB·English

by  Frits W. Hondius

THE YUGOSLAV COMMUNITY OF NATIONS

THE YUGOSLAV COMMUNITY
OF NATIONS
by
FRITS W. HONDIUS
1968
MOUTON
THE HAGUE • PARIS
© Copyright 1968 in The Netherlands.
Mouton & Co. N.V., Publishers, The Hague.
No part of this book may be translated or reproduced in any form, by print, photo-
print, microfilm, or any other means, without written permission from the publishers.
Printed in The Netherlands by Mouton & Co., Printers, The Hague
Ko na brdo, ak'i malo, stoji,
Vise vidi neg onaj pod brdom.
Petar Petrovic Njegus, Gorski Vijenac, 1847

PREFACE
The development of the Yugoslav community of nations, in terms of
constitutional law, shows an interesting combination of parallels and
contrasts. They are well worth recording. The historiographer of this
complex area faces a peculiar problem: how to record a development
which frequently lacks unity of time, place and action. A book on
Yugoslav constitutional development in some respects resembles an
experimental theatre in which different manifestations are performed
on different stages in one and the same hall.
Students of Yugoslav constitutional law have three main sources of
literature at their disposal: publications by Yugoslavs in their own
languages and in foreign languages, and publications by non-Yugoslavs.
Yugoslav legal publications are numerous. Apart from the official
editions of laws, commentaries on laws and information material, there
are many professional journals and textbooks. On account of the lan-
guage in which they have been written, most of this material remains
beyond the horizon of the international public.
For the benefit of foreign readers, the Yugoslavs are making laudable
efforts to issue foreign language publications. Major laws have been
translated into English and French, and several legal journals and
university yearbooks carry summaries of their contents in one of these
languages. Some periodicals are even specially produced in English or
French, such as The New Yugoslav Law, Questions of Socialism, Yugoslav
Survey or Review of International Affairs.
Even so, this category of literature does not entirely satisfy the needs
of foreign readers, tending as it does to be profuse on theory, but brief,
if not silent, on practice. The 1,046 page standard work on present
constitutional law, Novi ustavni sistem by Jovan Djordjevic, provides
hardly any data on constitutional practice. The chief quality of the
classical Yugoslav law textbook — its logic and its theoretical consist-
ency — is, at the same time, its chief defect. Reality is somewhat more
complicated and somewhat less logical.
8 PREFACE
There are several excellent foreign books and articles on Yugoslav
constitutional law. The United States, in particular, which has many
citizens of Yugoslav origin, has been very productive. Also in Germany,
France and Britain studies on Yugoslavia have seen the light. Expatriate
Yugoslavs in Britain have edited a special journal on current Yugoslav
affairs, Review. The disadvantage of many of these works is their strong
bias. Admittedly, it is difficult to write about Yugoslavia without choos-
ing sides.
The author embarked upon the present study in the hope of doing
justice to both the Yugoslavs' own views of their multinational, federal
system, and to the views of foreign commentators. This study is presen-
ted in the form of a chronicle with marginal annotations. Admittedly,
this method limits the possibilities for functional analysis, but it shows
how different problems are interwoven. The author felt that properly
selected and presented material can be an aid towards a better under-
standing of the complex Yugoslav community.
The author remembers with gratitude the encouragement he was given
many years ago by Professor Aleksandar Magarasevic to undertake this
study. Through the friendship and co-operation of his colleagues in all
Republics of Yugoslavia the author could make the acquaintance of the
rich world of Yugoslav law and legal literature. With assistance from
Yugoslav and Dutch government agencies and some other organizations,
he was able to visit Yugoslavia eight times during this period and to
gather on-the-spot impressions.
His two base camps for these academic expeditions were the Law
Faculties of Belgrade and Zagreb, both of which treated the author as one
of the family. His home base was the Documentatiebureau voor Oost-
Europees Recht of Leyden University, directed by Professor Zs. Szirmai.
It is not possible in this short space to mention all persons who assisted
his efforts, but the author feels excused in making a few exceptions:
to mention the response and counsel he has received throughout the
years from Professor Eugen Pusic of Zagreb, and the critical comments
that were offered by Professor Rudolf Bicanic of Zagreb, Professor Leon
Gerskovic and Dr. Miodrag JoviSic of Belgrade, and Dr. Ernest Petric
of Ljubljana, who read the whole or parts of the manuscript.
The advice of Mr. Bruce Burton and Mrs. Jean Sanders saved the
author from some faux pas in the English language.
The Hague, January 1968
CONTENTS
Preface 7
Chapter One
The Multinational Condition 11
Chapter Two
Development of the Historical Units 30
Chapter Three
Rise and Fall of the First Yugoslav State 77
Chapter Four
The Rebirth of Yugoslavia as a Federal State 113
Chapter Five
From Constitution to Constitutional Law 168
Chapter Six
From Constitutional Law to Constitution 210
Chapter Seven
The 1963 Constitution 244
Chapter Eight
The Nations Come of Age 314
Bibliography 346
Samenvatting
De Joegoslavische gemeenschap van naties 354
Kratak sadrzaj
Jugoslovenska zajednica naroda 357
General Index 360
Index of Persons 372