Serbia: Campaigners Know The Law – It Seems The Serbian Government, Regional Authorities (and possibly EU Enlargement Commission) Dont – Why ??

 

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UPDATE – April 2015.

We have been joining our Serbian animal campaigner colleagues for several years now in what seems a never ending battle with the authorities to improve the treatment of Serbian stray animals; and most importantly; control and reduce stray (street) animal numbers by using a properly orchestrated ‘no kill’ strategy.

Please click on the following link below to read and see the situation for Serbian stray animals; and what we have undertaken in recent years to try and improve their lives.  The EU also has big responsibilities on this issue which it is NOT addressing.  Now more than ever (early 2015); we need EU wide legislation on a ‘NO Kill’ stray dog management and control programme.  With something in place such as this; nations already in the EU, such as Romania; and nations seeking EU membership, such as Serbia, would then be obliged by EU law to enforce the EU wide regulations, rather than making up or simply ignoring their own national legislation / rules as they are doing at present.

Link – ‘About Serbian Strays’ –  https://serbiananimalsvoice.com/about-serbian-animals/  

 

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Here are the real, current legal facts; not those that the Serbian government works to and wants citizens and the EU Enlargement Commission to believe.  Are the Serbian government now trying to change the (animal) law again in order to be admitted quicker into the EU ?

As an example – After three days at the ‘shelter’, dogs are taken to Novi Sad city where they are killed by ‘euthanasia’, using Pravilnik 29/94 legislation.

Prior to the new Serbian Veterinary Law of 02/10/2005, there was an old law dating from 1991 for the health protection of animals. In agreement with the old law of 1991, the authorities produced their own other ‘underlaw’ (extra law) regulationnamed ‘Pravilnik 29/94’, which was intorduced to allow the killing of animals after they were held in pounds for 3 to 7 days.

** From 02/10/2005 **, the new Veterinary Law Article 168 effectively destroyed everything that was written in Pravilnik 29/94, ** because the 2005 law demanded the care of animals.

Pravilnik 29/94 was overwritten by Article 168, the result being that all killing of animals was forbidden apart only from cases for Rabies infected areas, which were covered by application of Articles 64 and 65 of the Veterinary Law.

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By continuing to undertake the killing of animals after 3 to 7 days in accordance with regulation Pravilnik 29/94, the authorities were then in a situation where they were working in opposition to the actual existing law

But it is very much the case, even up to the present day, where authorities are still using Pravilnik 29/94 as a reason for the killing of animals.  But in reality, Pravilnik 29/94 became nonexistent on 02/10/2005 with the introduction of the new Veterinary Law (Article 168).

Hence the reality is by law; there should be no killing, but animal care instead.

Pravilnik 29/94 is only an ‘underlaw’ (extra law) regulation, has very less power than the actual law, and most importantly, must be in agreement with the existing law.  Pravilnik 29/94 was valid originally (1991 on) to protect animal health but is now in opposition to the new and current animal law – the new Veterinary Law Article 168 of 02/10/2005.

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Serbian campaigners have written to the Constitutional Court saying that it is unlawful for Shinters (Dogcatchers) and also veterinarians to kill stray dogs and cats only after they have been held for three (3) days, as this is now old and outdated legislation. 

Killing is forbidden under the new Veterinary law.

Campaigners have heard back from the Serbian Constitutional Court in writing, and they say that no analysis of the case is necessary for Pravilnik 29/94 as it has been replaced by the new Veterinary Law Article 168 (02/10/2005).

This is exactly what the campaigners had said, ie. that the old ‘underlaw’ (extra law) of Pravilnik 29/94 was still being used when it fact it has been overwritten by the new Veterinary Law Article 168 of 02/10/2005.

In addition, Article 46 of the new Veterinary Law (02/10/2005) states that the killing of stray cats and dogs is forbidden and that instead they should be provided with care.  

The word from the Serbian Constitutional (law) Court is that from 2005, animals should be provided with care and not be killed.

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It would appear that all of the public firms responsible for garbage collection in Serbian cities are still working to old illegal legislation, effectively using the outdated and illegal Pravilnik 29/94 rather than the No Kill Article 46 (168) of the new Veterinary Law.

In effect, by still working to this now non existent law, these public firms who collect and kill strays are UNDERTAKING ILLEGAL WORK– they should be working in accordance with the new Veterinary Law Article 46 (168) of 02/10/2005 which demands care for the animals.

EU AW LOGO

As the EU Enlargement Commission are not contacting us about anything; or to inform us of what they are doing; we can only assume that they are incorrectly being misled by the Serbian government as to the existing law(s) for animals. 

We can only assume; unless we are contacted to clarify the situation; that the EU Enlargement Commission have one aim and one aim only – to ignore actual existing Serbian ‘No Kill animals’ legislation and just get Serbia into the EU as yet another EU member state.

Every day we wait for the EU Enlargement Commission to answer our letter and that of UK MEP’s who we work with – and every day we get nothing.

Who really does know the law on Serbian

animals we ask ?

Why are the EU Enlargement Commission not ensuring that the Serbian government enforce the EU declaration of enforcing the ‘Rule of Law’ regarding animal welfare legislation ? – the Rule of Law enforcement being an ‘EU flagstone’ which must (allegedly – according to the EU) be shown to being rigorously enforced by an accession nation before that same nation becomes an EU member state ?

A detailed explanation of the legislation is given in our past SAV Link:

https://serbiananimalsvoice.wordpress.com/2010/01/25/serbia-constitutional-court-of-serbia-says-that-the-killing-of-stray-dogs-and-cats-in-serbia-is-forbidden-from-02102005/

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 226ASP6179944780By Who Exactly ?

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