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Wednesday, October 11, 2000
Kostunica Has Limited Powers Faced With Milosevic's Old System

by Alexandra Niksic

BELGRADE (AFP) - While riding a crest of massive popular support, Yugoslav President Vojislav Kostunica enjoys limited powers in his new post, which under the federation's constitution is largely ceremonial.

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The real power in Yugoslavia resides in the parliaments of the two constitutive republics, Serbia and Montenegro.

And the president of Serbia, by far the dominant partner, is Milan Milutinovic, a key ally of ousted president Slobodan Milosevic and like his close associate, indicted by a U.N. tribunal for war crimes.

The constitution allows Kostunica to promulgate federal laws by decree and issue instruments for the ratification of international treaties. Besides that, he nominates a candidate for federal prime minister and his cabinet, but still needs the approval of the federal parliament.

The president also recommends members of the federal constitutional court, the federal court, the federal public prosecutor and governor of the National Bank of Yugoslavia.

But for all of this he needs the backing of the federal parliament.

Since Kostunica's Democratic Opposition of Serbia (DOS) failed to win a majority in the two-chamber federal assembly in last month's elections, it has to count on the support of the Socialist People's party (SNP) of Montenegro.

The SNP is another old friend of Milosevic's Socialist Party of Serbia (SPS), although it was the first of his allies to congratulate Kostunica on his victory while Milosevic refused to step aside.

Thanks to constitutional changes adopted by the old parliament, the federal assembly will be in charge of the activities of the government itself, including foreign policy, customs, the budget and security issues.

The constitution stipulates that the Yugoslav army is under the command of the president of the republic, but pursuant to decisions by the Supreme Defense Council.

That Council is comprised of the presidents of the two republics, together with the commander of the Yugoslav army, although the president may appoint, promote or dismiss army chiefs.

However, both republics - Serbia and Montenegro - are quite autonomous in their rights, including the right to self-determination often mentioned by the reformist Montenegrin leadership during Milosevic's rule.

And thanks to the vagueness of the constitution, a member republic "shall be sovereign in matters which under the present constitution are not reserved to the jurisdiction of Yugoslavia."

Each republic can also maintain relations with foreign states without the approval of the federal authorities and join international organizations.

Therefore Kostunica could hardly order rebellious Montenegrin President Milo Djukanovic or pro-Milosevic Milutinovic to follow his rules.

Since Djukanovic took power in 1998, Montenegro has gained all but real independence - introducing its own monetary system, control of its borders, international relations and refusing to support the federal budget and other costs incurred during Milosevic's rule.

The rights of the post of the Serbian president, which Milosevic held for seven years, are even more powerful those of the Yugoslav chief.

In 1992, using his influence, Milosevic almost totally annulled the existence of the federal Yugoslav police, leaving only several dozen units to secure foreign embassies and the country's missions abroad.

At the same time he greatly increased the number of Serbian police, which legally come under the control of the republic's president and its interior ministry.

The Serbian police are currently estimated to number around 120,000, including various security services.

To enable a transition of power in Serbia as well as at the federal level - necessary to avoid a Montenegro-style boycott of the federal institutions - the DOS has focused on the republic's legislature, insisting on early elections to oust the current government, still dominated by Milosevic's allies.

If not, each republic could order its police forces against the Yugoslav army, or empty the federal budget by failing to pay duties or taxes into it.

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