O USTAVU SFRJ OD 1974. GODINE I DRUŠTVENOM PRAVOBRANIOCU SAMOUPRAVLJANJA (OMBUDSMAN)

The SFRY Constitution of 1974 is often considered to groundbreaking in literature because it introduced several institutions and constitutional solutions that were previously unknown in constitutional law theory and practice. One such institution is the “social ombudsman of self-governance” („Друштвени правобранилац самоуправљања“), which shares similarities with the traditional ombudsman. It has been referred to by various names such as “Yugoslav ombudsman”, “self-management ombudsman”, “workers' ombudsman”, “quasi ombudsman”, and “self-management defender”, “defender self-management” etc. The role of the social ombudsman of self-management was to protect the self-management rights of working people and the social community in accordance with the concept of deеtatization and as an organ of the social community. This institution was established at various levels of the territorial-political government organization in the former Yugoslavia and existed until 1992. This paper explores the motives behind the establishment of this institution, its uniqueness, similarities and differences with the traditional ombudsman, its impact on self-governance, obstacles faced in fulfilling its constitutional function, and its influence on the formation of ombudsman institutions in the former republics of Yugoslavia, including Serbia and its Protector of Citizens. Through an analysis of the constitutional concept of the social ombudsman of self-governance, the author reflects on the ideological and semantical nature of the SFRY’s 1974 constitution.