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Grubisa, Damir
Međunarodne studije, 01/2013, Volume: 13, Issue: 1Journal Article
This article deals with the political symbolism of the flag as a constituent part of political rituals and political mythology, and special attention is given to the desecration of the flag as a phenomenon of exceptional political symbolism. The author reviews cases of flag desecration, national and international, while in the second part of the article deals with the desecration of international organizations' flags highlighting the desecration of the EU flag. Then the article analyses the desecration of the EU flag in Croatia in 2011 within the context of criminal proceedings initiated against the perpetrators. In doing so, the author finds that Art. 186 of the Croatian Penal Code cannot apply to the desecration of the EU flag as a symbol of an international organization, because the EU is not a classical international organization, but an association of states sui generis, as the German Federal Constitutional court ruled in 1993. Moreover, the flag of Europe is not the official flag of the EU any more since the provisions on EU symbols were cancelled in the Lisbon Treaty entering into force on December 1, 2009. Therefore flag burners or flag rippers cannot be prosecuted under the provisions of this article, because no one can be indicted for a non-existing symbol. However, the study of political symbols is very important in contemporary political science and this should be dealt with in analysis and research. Adapted from the source document.
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