Considering the state tradition of the Serbian people and equality of all

citizens and ethnic communities in Serbia,

Considering also that the Province of Kosovo and Metohija is an

integral part of the territory of Serbia, that it has the status of a substantial autonomy

within the sovereign state of Serbia and that from such status of the Province of

Kosovo and Metohija follow constitutional obligations of all state bodies to uphold and

protect the state interests of Serbia in Kosovo and Metohija in all internal and foreign

political relations,

the citizens of Serbia adopt

CONSTITUTION OF THE REPUBLIC OF SERBIA

SECTION ONE.- CONSTITUTION PRINCIPLES

Republic of Serbia

Article 1

Republic of Serbia is a state of Serbian people and all citizens who

live in it, based on the rule of law and social justice, principles of civil democracy,

human and minority rights and freedoms, and commitment to European principles

and values.

Sovereignty holders

Article 2

Sovereignty is vested in citizens who exercise it through referendums,

people’s initiative and freely elected representatives.

No state body, political organization, group or individual may usurp the

sovereignty from the citizens, nor establish government against freely expressed will

of the citizens.

Rule of law

Article 3

Rule of law is a fundamental prerequisite for the Constitution which is

based on inalienable human rights.

The rule of law shall be exercised through free and direct elections,

constitutional guarantees of human and minority rights, separation of power,

independent judiciary and observance of Constitution and Law by the authorities.

Division of power

Article 4

The legal system is unique.

Government system shall be based on the division of power into

legislative, executive and judiciary.

Relation between three branches of power shall be based on balance

and mutual control.

Judiciary power shall be independent.

Political parties

Article 5

The role of political parties in democratic shaping of the political will of

the citizens shall be guaranteed and recognized.

Political parties may be established freely.

Activities of political parties aiming at forced overthrow of

constitutional system, violation of guaranteed human or minority rights, inciting racial,

national or religious hatred, shall be prohibited.

Political parties may not exercise power directly or submit it to their

control.

Prohibition of the conflict of interests

Article 6

No person may perform a state or public function in conflict with their

other functions, occupation or private interests.

The presence of conflict of interest and liability for its resolution shall

be regulated by the Constitution and Law.

Coat of arms, flag and national anthem

Article 7

The Republic of Serbia shall have coat of arms, flag and national

anthem.

The coat of arms of the Republic of Serbia shall be used in the form of

the Large Coat of Arms and Small Coat of Arms.

The flag of the Republic of Serbia shall exist and be used as the

National Flag and State Flag.

National anthem of the Republic of Serbia shall be official song «Bože

pravde».

Appearance and use of the coat of arms, flag and national anthem

shall be regulated by law.

Territory and border

Article 8

The territory of the Republic of Serbia is inseparable and indivisible.

The border of the Republic of Serbia is inviolable and may be altered

in a procedure applied to amend the Constitution.

Capital City

Article 9

The capital city of the Republic of Serbia is Belgrade.

Language and script

Article 10

Serbian language and Cyrillic script shall be in official use in the

Republic of Serbia.

Official use of other languages and scripts shall be regulated by the

law based on the Constitution.

Secularity of the State

Article 11

The Republic of Serbia is a secular state.

Churches and religious communities shall be separated from the

state.

No religion may be established as state or mandatory religion.

Provincial autonomy and local self-government

Article 12

State power is restricted by the right of citizens to provincial autonomy

and local self-government.

The right of citizens to provincial autonomy and local self-government

shall be subjected only to supervision of constitutionality and legality.

Protection of citizens and Serbs abroad

Article 13

The Republic of Serbia shall protect the rights and interests of its

citizens in abroad.

The Republic of Serbia shall develop and promote relations of Serbs

living abroad with the kin state.

Protection of national minorities

Article 14

The Republic of Serbia shall protect the rights of national minorities.

The State shall guarantee special protection to national minorities for

the purpose of exercising full equality and preserving their identity.

Gender equality

Article 15

The State shall guarantee the equality of women and men and

develop equal opportunities policy.

International relations

Article 16

The foreign policy of the Republic of Serbia shall be based on

generally accepted principles and rules of international law.

Generally accepted rules of international law and ratified international

treaties shall be an integral part of the legal system in the Republic of Serbia and

applied directly.

Ratified international treaties must be in accordance with the

Constitution.

Status of foreign nationals

Article 17

Pursuant to international treaties, foreign nationals in the Republic of

Serbia shall have all rights guaranteed by the Constitution and law with the exception

of rights to which only the citizens of the Republic of Serbia are entitled under the

Constitution and law.

SECTION TWO.- HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Direct implementation of guaranteed rights

Article 18

Human and minority rights guaranteed by the Constitution shall be

implemented directly.

The Constitution shall guarantee, and as such, directly implement

human and minority rights guaranteed by the generally accepted rules of

international law, ratified international treaties and laws. The law may prescribe

manner of exercising these rights only if explicitly stipulated in the Constitution or

necessary to exercise a specific right owing to its nature, whereby the law may not

under any circumstances influence the substance of the relevant guaranteed right.

Provisions on human and minority rights shall be interpreted to the

benefit of promoting values of a democratic society, pursuant to valid international

standards in human and minority rights, as well as the practice of international

institutions which supervise their implementation.

Purpose of constitutional guarantees

Article 19

Guarantees for inalienable human and minority rights in the

Constitution have the purpose of preserving human dignity and exercising full

freedom and equality of each individual in a just, open, and democratic society based

on the principle of the rule of law.

Restriction of human and minority rights

Article 20

Human and minority rights guaranteed by the Constitution may be

restricted by the law if the Constitution permits such restriction and for the purpose

allowed by the Constitution, to the extent necessary to meet the constitutional

purpose of restriction in a democratic society and without encroaching upon the

substance of the relevant guaranteed right.

Attained level of human and minority rights may not be lowered.

When restricting human and minority rights, all state bodies,

particularly the courts, shall be obliged to consider the substance of the restricted

right, pertinence of restriction, nature and extent of restriction, relation of restriction

and its purpose and possibility to achieve the purpose of the restriction with less

restrictive means.

Prohibition of discrimination

Article 21

All are equal before the Constitution and law.

Everyone shall have the right to equal legal protection, without

discrimination.

All direct or indirect discrimination based on any grounds, particularly

on race, sex, national origin, social origin, birth, religion, political or other opinion,

property status, culture, language, age, mental or physical disability shall be

prohibited.

Special measures which the Republic of Serbia may introduce to

achieve full equality of individuals or group of individuals in a substantially unequal

position compared to other citizens shall not be deemed discrimination.

Protection of human and minority rights and freedoms

Article 22

Everyone shall have the right to judicial protection when any of their

human or minority rights guaranteed by the Constitution have been violated or

denied, they shall also have the right to elimination of consequences arising from the

violation.

The citizens shall have the right to address international institutions in

order to protect their freedoms and rights guaranteed by the Constitution.

2. Human Rights and Freedoms

Dignity and free development of individuals

Article 23

Human dignity is inviolable and everyone shall be obliged to respect and

protect it.

Everyone shall have the right to free development of his personality if this

does not violate the rights of others guaranteed by the Constitution.

Right to life

Article 24

Human life is inviolable.

There shall be no death penalty in the Republic of Serbia.

Cloning of human beings shall be prohibited.

Inviolability of physical and mental integrity

Article 25

Physical and mental integrity is inviolable.

Nobody may be subjected to torture, inhuman or degrading treatment or

punishment, nor subjected to medical and other experiments without their free consent.

Prohibition of slavery, servitude and forced labour

Article 26

No person may be kept in slavery or servitude.

All forms of human trafficking are prohibited.

Forced labour is prohibited. Sexual or financial exploitation of person

in unfavourable position shall be deemed forced labour.

Labour or service of persons serving sentence of imprisonment if their

labour is based on the principle of voluntarity with financial compensation, labour or

service of military persons, nor labour or services during war or state of emergency in

accordance with measures prescribed on the declaration of war or state of

emergency, shall not be considered forced labour.

Right to freedom and security

Article 27

Everyone has the right to personal freedom and security. Depriving of

liberty shall be allowed only on the grounds and in a procedure stipulated by the law.

Any person deprived of liberty by a state body shall be informed promptly

in a language they understand about the grounds for arrest or detention, charges brought

against them, and their rights to inform any person of their choice about their arrest or

detention without delay.

Any person deprived of liberty shall have the right to initiate proceedings

where the court shall review the lawfulness of arrest or detention and order the release if

the arrest or detention was against the law.

Any sentence which includes deprivation of liberty may be proclaimed

solely by the court.

Treatment of persons deprived of liberty

Article 28

Persons deprived of liberty must be treated humanely and with

respect to dignity of their person.

Any violence towards persons deprived of liberty shall be prohibited.

Extorting a statement shall be prohibited.

Special Rights in Case of Arrest and Detention without Decision

of the Court

Article 29

Any person deprived of liberty without decision of the court shall be

informed promptly about the right to remain silent and about the right to be questioned only

in the presence of a defense counsel they chose or a defense counsel who will provide

legal assistance free of charge if they are unable to pay for it.

Any person deprived of liberty without a decision of the court must be

brought before the competent court without delay and not later than 48 hours, otherwise

they shall be released.

Detention

Article 30

Any person under reasonable doubt of committing a crime may be

remanded to detention only upon the decision of the court, should detention be necessary

to conduct criminal proceedings.

If the detainee has not been questioned when making a decision on

detention or if the decision on holding in detention has not been carried out immediately

after the pronouncement, the detainee must be brought before the competent court within

48 hours from the time of sending to detention which shall reconsider the decision on

detention.

A written decision of the court with explanation for reasons of detention

shall be delivered to the detainee not later than 12 hours after pronouncing. The court shall

decide on the appeal to decision detention and deliver it to the detainee within 48 hours.

Duration of detention

Article 31

The court shall reduce the duration of detention to the shortest period

possible, keeping in mind the grounds for detention. Sentencing to detention under a

decision of the court of first instance shall not exceed three months during investigation,

whereas higher court may extend it for another three months, in accordance with the law. If

the indictment is not raised by the expiration of the said period, the detainee shall be

released.

The court shall reduce the duration of detention after the bringing of

charges to the shortest possible period, in accordance with the law.

Detainee shall be allowed pre-trial release as soon as grounds for

remanding to detention cease to exist.

Right to a fair trial

Article 32

Everyone shall have the right to a public hearing before an independent

and impartial tribunal established by the law within reasonable time which shall pronounce

judgement on their rights and obligations, grounds for suspicion resulting in initiated

procedure and accusations brought against them.

Everyone shall be guaranteed the right to free assistance of an interpreter

if the person does not speak or understand the language officially used in the court and the

right to free assistance of an interpreter if the person is blind, deaf, or dumb.

The press and public may be excluded from all or part of the court

procedure only in the interest of protecting national security, public order and morals in a

democratic society, interests of juveniles or the protection of private life of the parties, in

accordance with the law.

Special rights of persons charged with criminal offense

Article 33

Any person charged with criminal offense shall have the right to be

informed promptly, in accordance with the law, in the language which this person

understands and in detail about the nature and cause of the accusation against him, as

well as the evidence against him.

Any person charged with criminal offense shall have the right to defend

himself personally or through legal counsel of his own choosing, to contact his legal

counsel freely and to be allowed adequate time and facilities for preparing his defense.

Any person charged with criminal offense without sufficient means to pay

for legal counsel shall have the right to a free legal counsel when the interests of justice so

require and in compliance with the law.

Any person charged with criminal offense available to the court shall have

the right to a trial in his presence and may not be sentenced unless he has been given the

opportunity to a hearing and defense.

Any person prosecuted for criminal offense shall have the right to present

evidence in his favour by himself or through his legal counsel, to examine witnesses

against him and demand that witnesses on his behalf be examined under the same

conditions as the witnesses against him and in his presence.

Any person prosecuted for criminal offense shall have the right to a trial

without undue delay.

Any person charged or prosecuted for criminal offense shall not be

obligated to provide self-incriminating evidence or evidence to the prejudice of persons

related to him, nor shall he be obliged to confess guilt.

Any other natural person prosecuted for other offences punishable by law

shall have all the rights of a person charged with criminal offense pursuant to the law and

in accordance with it.

Legal certainty in criminal law

Article 34

No person may be held guilty for any act which did not constitute a criminal

offence under law or any other regulation based on the law at the time when it was

committed, nor shall a penalty be imposed which was not prescribed for this act .

The penalties shall be determined pursuant to a regulation in force at the

time when the act was committed, save when subsequent regulation is more lenient for the

perpetrator. Criminal offences and penalties shall be laid down by the law.

Everyone shall be presumed innocent for a criminal offence until convicted

by a final judgement of the court.

No person may be prosecuted or sentenced for a criminal offence for

which he has been acquitted or convicted by a final judgement, for which the charges have

been rejected or criminal proceedings dismissed by final judgement, nor may court ruling

be altered to the detriment of a person charged with criminal offence by extraordinary legal

remedy. The same prohibitions shall be applicable to all other proceedings conducted for

any other act punishable by law.

In special cases, reopening of proceedings shall be allowed in accordance

with criminal legislation if evidence is presented about new facts which could have

influenced significantly the outcome of proceedings had they been disclosed at the time of

the trial, or if serious miscarriage of justice occurred in the previous proceedings which

might have influenced its outcome.

Criminal prosecution or execution of punishment for a war crime,

genocide, or crime against humanity shall not be subject to statute of limitation.

Right to rehabilitation and compensation

Article 35

Any person deprived of liberty, detained or convicted for a criminal offence

without grounds or unlawfully shall have the right to rehabilitation and compensation of

damage by the Republic of Serbia, as well as other rights stipulated by the law.

Everyone shall have the right to compensation of material or non-material

damage inflicted on him by unlawful or irregular work of a state body, entities exercising

public powers, bodies of the autonomous province or local self-government.

The law shall stipulate conditions under which the injured party may

demand compensation for damage directly from the person that inflicted the damage.

Right to equal protection of rights and legal remedy

Article 36

Equal protection of rights before courts and other state bodies, entities

exercising public powers and bodies of the autonomous province or local self-government

shall be guaranteed.

Everyone shall have the right to an appeal or other legal remedy against

any decision on his rights, obligations or lawful interests.

Right to legal person

Article 37

Everyone shall have legal capacity.

Upon becoming of age all persons shall become capable of deciding

independently about their rights and obligations. A person becomes of age after turning 18.

A person may choose and use personal name and name of their children

freely.

Right to citizenship

Article 38

Acquiring and terminating citizenship of the Republic of Serbia shall be

regulated by the law.

A citizen of the Republic of Serbia may not be expelled or deprived of

citizenship or the right to change it.

Any child born in the Republic of Serbia shall have the right to citizenship of

the Republic of Serbia unless conditions have been met to acquire citizenship of some

other country.

Freedom of movement

Article 39

Everyone shall have the right to free movement and residence in the

Republic of Serbia, as well as the right to leave and return.

Freedom of movement and residence, as well as the right to leave the

Republic of Serbia may be restricted by the law if necessary for the purpose of conducting

criminal proceedings, protection of public order, prevention of spreading contagious

diseases or defense of the Republic of Serbia.

Entry and stay of foreign nationals in the Republic of Serbia shall be

regulated by the law. A foreign national may be expelled only under decision of the

competent body, in a procedure stipulated by the law and if time to appeal has been

provided for him and only when there is no threat of persecution based on his race,

sex, religion, national origin, citizenship, association with a social group, political

opinions, or when there is no threat of serious violation of rights guaranteed by this

Constitution.

Inviolability of home

Article 40

A person’s home shall be inviolable.

No one may enter a person’s home or other premises against the will of

their tenant nor conduct a search in them. The tenant of the home or other premises shall

have the right to be present during the search in person or through his legal representative

together with two other witnesses who may not be under age.

Entering a person’s home or other premises, and in special cases

conducting search without witnesses, shall be allowed without a court order if necessary

for the purpose of immediate arrest and detention of a perpetrator of a criminal offence or

to eliminate direct and grave danger for people or property in a manner stipulated by the

law.

Confidentiality of letters and other means of communication

Article 41

Confidentiality of letters and other means of communication shall be

inviolable.

Derogation shall be allowed only for a specified period of time and based

on decision of the court if necessary to conduct criminal proceedings or protect the safety

of the Republic of Serbia, in a manner stipulated by the law.

Protection of personal data

Article 42

Protection of personal data shall be guaranteed.

Collecting, keeping, processing and using of personal data shall be

regulated by the law.

Use of personal data for any the purpose other the one were collected for

shall be prohibited and punishable in accordance with the law, unless this is necessary to

conduct criminal proceedings or protect safety of the Republic of Serbia, in a manner

stipulated by the law.

Everyone shall have the right to be informed about personal data

collected about him, in accordance with the law, and the right to court protection in

case of their abuse.

Freedom of thought, conscience and religion

Article 43

Freedom of thought, conscience, beliefs and religion shall be guaranteed,

as well as the right to stand by one’s belief or religion or change them by choice.

No person shall have the obligation to declare his religious or other beliefs.

Everyone shall have the freedom to manifest their religion or religious

beliefs in worship, observance, practice and teaching, individually or in community with

others, and to manifest religious beliefs in private or public.

Freedom of manifesting religion or beliefs may be restricted by law only if

that is necessary in a democratic society to protect lives and health of people, morals of

democratic society, freedoms and rights guaranteed by the Constitution, public safety and

order, or to prevent inciting of religious, national, and racial hatred.

Parents and legal guardians shall have the right to ensure religious

and moral education of their children in conformity with their own convictions.

Churches and religious communities

Article 44

Churches and religious communities are equal and separated from the

state.

Churches and religious communities shall be equal and free to organize

independently their internal structure, religious matters, to perform religious rites in public,

to establish and manage religious schools, social and charity institutions, in accordance

with the law.

Constitutional Court may ban a religious community only if its activities

infringe the right to life, right to mental and physical health, the rights of child, right to

personal and family integrity, public safety and order, or if it incites religious, national or

racial intolerance.

Conscientious objection

Article 45

No person shall be obliged to perform military or any other service

involving the use of weapons if this opposes his religion or beliefs.

Any person pleading conscientious objection may be called upon to fulfill

military duty without the obligation to carry weapons, in accordance with the law.

Freedom of thought and expression

Article 46

The freedom of thought and expression shall be guaranteed, as well as the

freedom to seek, receive and impart information and ideas through speech, writing, art or

in some other manner.

Freedom of expression may be restricted by the law if necessary to protect

rights and reputation of others, to uphold the authority and objectivity of the court and to

protect public health, morals of a democratic society and national security of the Republic

of Serbia.

Freedom of expressing national affiliation

Article 47

National affiliation may be expressed freely.

No person shall be obliged to declare his national affiliation.

Promotion of respect for diversity

Article 48

The Republic of Serbia shall promote understanding, recognition and respect of

diversity arising from specific ethnic, cultural, linguistic or religious identity of its

citizens through measures applied in education, culture and public information.

Prohibition of inciting racial, ethnic and religious hatred

Article 49

Any inciting of racial, ethnic, religious or other inequality or hatred shall be prohibited

and punishable.

Freedom of the media

Article 50

Everyone shall have the freedom to establish newspapers and other forms

of public information without prior permission and in a manner laid down by the law.

Television and radio stations shall be established in accordance with the

law.

Censorship shall not be applied in the Republic of Serbia. Competent court

may prevent the dissemination of information through means of public informing only when

this is necessary in a democratic society to prevent inciting to violent overthrow of the

system established by the Constitution or to prevent violation of territorial integrity of the

Republic of Serbia, to prevent propagation of war or instigation to direct violence, or to

prevent advocacy of racial, ethnic or religious hatred enticing discrimination, hostility or

violence.

The law shall regulate the exercise of right to correct false, incomplete

or inaccurately imparted information resulting in violation of rights or interests of any

person, and the right to react to communicated information.

Right to information

Article 51

Everyone shall have the right to be informed accurately, fully and timely

about issues of public importance. The media shall have the obligation to respect this right.

Everyone shall have the right to access information kept by state bodies and

organizations with delegated public powers, in accordance with the law.

Electoral right

Article 52

Every citizen of age and working ability of the Republic of Serbia shall have

the right to vote and be elected.

Suffrage shall be universal and equal for all, the elections shall be free and

direct and voting is carried out by secret ballot in person.

Election right shall be protected by the law and in accordance with the law.

Right to participate in management of public affairs

Article 53

Citizens shall have the right to take part in the management of public affairs and to

assume public service and functions under equal conditions.

Freedom of assembly

Article 54

Citizens may assemble freely.

Assembly held indoors shall not be subjected to permission or registering.

Gathering, demonstrations and other forms of assembly held outdoors

shall be reported to the state body, in accordance with the law.

Freedom of assembly may be restricted by the law only if necessary to

protect public health, morals, rights of others or the security of the Republic of Serbia.

Freedom of association

Article 55

Freedom of political, union and any other form of association shall be

guaranteed, as well as the right to stay out of any association.

Associations shall be formed without prior approval and entered in the

register kept by a state body, in accordance with the law.

Secret and paramilitary associations shall be prohibited.

Constitutional Court may ban only such associations the activity of which is

aimed at violent overthrow of constitutional order, violation of guaranteed human or

minority rights, or inciting of racial, national and religious hatred.

Judges of Constitutional Court, judges, public prosecutors, Defender of

Citizens, members of police force and military persons may not be members of political

parties.

Right to petition

Article 56

Everyone shall have the right to put forward petitions and other proposals

alone or together with others, to state bodies, entities exercising public powers, bodies of

the autonomous province and local self-government units and to receive reply from them if

they so request.

No person may suffer detrimental consequences for putting forward a

petition or proposal.

No person may suffer detrimental consequences for opinions stated in the

petition or proposal unless they constitute a criminal offense.

Right to asylum

Article 57

Any foreign national with reasonable fear of prosecution based on his race,

gender, language, religion, national origin or association with some other group, political

opinions, shall have the right to asylum in the Republic of Serbia.

The procedure for granting asylum shall be regulated by the law.

Right to property

Article 58

Peaceful tenure of a person’s own property and other property rights

acquired by the law shall be guaranteed.

Right of property may be revoked or restricted only in public interest

established by the law and with compensation which can not be less than market value.

The law may restrict the manner of using the property.

Seizure or restriction of property to collect taxes and other levies or

fines shall be permitted only in accordance with the law.

Right to inheritance

Article 59

Right to inheritance shall be guaranteed in accordance with the law.

Right to inheritance may not be denied or restricted for failing to observe

public duties.

Right to work

Article 60

Right to work shall be guaranteed in accordance with the law.

Everyone shall have the right to choose his occupation freely.

All work places shall be available to everyone under equal conditions.

Everyone shall have the right to respect of his person at work, safe and

healthy working conditions, necessary protection at work, limited working hours, daily and

weekly interval for rest, paid annual holiday, fair remuneration for work done and legal

protection in case of termination of working relations. No person may forgo these rights.

Women, young and disabled persons shall be provided with special

protection at work and special work conditions in accordance with the law.

Right to strike

Article 61

The employed shall have the right to strike in accordance with the law and

collective agreement.

The right to strike may be restricted only by the law in accordance with

nature or type of business activity.

Right to enter into marriage and equality of spouses

Article 62

Everyone shall have the right to decide freely on entering or dissolving a

marriage.

Marriage shall be entered into based on the free consent of man and

woman before the state body.

Contracting, duration or dissolution of marriage shall be based on the

equality of man and woman.

Marriage, marital and family relations shall be regulated by the law.

Extramarital community shall be equal with marriage, in accordance with

the law.

Freedom to procreate

Article 63

Everyone shall have the freedom to decide whether they shall procreate or

not.

The Republic of Serbia shall encourage the parents to decide to have

children and assist them in this matter.

Rights of the child

Article 64

A child shall enjoy human rights suitable to their age and mental maturity.

Every child shall have the right to personal name, entry in the registry of

births, the right to learn about its ancestry, and the right to preserve his own identity.

A child shall be protected from psychological, physical, economic and any

other form of exploitation or abuse.

A child born out of wedlock shall have the same rights as a child born in

wedlock.

Rights of the child and their protection shall be regulated by the law.

Rights and duties of parents

Article 65

Parents shall have the right and duty to support, provide upbringing and

education to their children in which they shall be equal.

All or individual rights may be revoked from one or both parents only by the

ruling of the court if this is in the best interests of the child, in accordance with the law.

Special protection of the family, mother, single parent and child

Article 66

Families, mothers, single parents and any child in the Republic of Serbia

shall enjoy special protection in the Republic of Serbia in accordance with the law.

Mothers shall be given special support and protection before and after

childbirth.

Special protection shall be provided for children without parental care and

mentally or physically handicapped children.

Children under 15 years of age may not be employed, nor may children

under 18 years of age be employed at jobs detrimental to their health or morals.

Right to legal assistance

Article 67

Everyone shall be guaranteed right to legal assistance under conditions

stipulated by the law.

Legal assistance shall be provided by legal professionals, as an

independent and autonomous service, and legal assistance offices established in the units

of local self-government in accordance with the law.

The law shall stipulate conditions for providing free legal assistance.

Health care

Article 68

Everyone shall have the right to protection of their mental and physical

health.

Health care for children, pregnant women, mothers on maternity leave,

single parents with children under seven years of age and elderly persons shall be

provided from public revenues unless it is provided in some other manner in accordance

with the law.

Health insurance, health care and establishing of health care funds shall

be regulated by the law.

The Republic of Serbia shall assist development of health and physical

culture.

Social protection

Article 69

Citizens and families that require welfare for the purpose of overcoming

social and existential difficulties and creating conditions to provide subsistence, shall have

the right to social protection the provision of which is based on social justice, humanity and

respect of human dignity.

Rights of the employees and their families to social protection and

insurance shall be regulated by the law.

The employees shall have the right to salary compensation in case of

temporary inability to work, as well as the r

Disabled people, war veterans and victims of war shall be provided special

protection in accordance with the law.

Social insurance funds shall be established in accordance with the law.

Pension insurance

Article 70

Pension insurance shall be regulated by the law.

The Republic of Serbia shall see to economic security of the pensioners.

Right to education

Article 71

Everyone shall have the right to education.

Primary education is mandatory and free, whereas secondary education is

free.

All citizens shall have access under equal conditions to higher education.

The Republic of Serbia shall provide for free tertiary education to successful and talented

students of lower property status in accordance with the law.

Establishment of schools and universities shall be regulated by the law.

Autonomy of university

Article 72

Autonomy of universities, faculties and scientific institutions shall be

guaranteed.

Universities, faculties and scientific institutions shall decide freely on their

organization and work in accordance with the law.

Freedom of scientific and artistic creativity

Article 73

Scientific and artistic creativity shall be unrestricted.

Authors of scientific and artistic works shall be guaranteed moral and

material rights in accordance with the law.

The Republic of Serbia shall assist and promote development of

science, culture and art.

Healthy environment

Article 74

Everyone shall have the right to healthy environment and the right to timely

and full information about the state of environment.

Everyone, especially the Republic of Serbia and autonomous provinces,

shall be accountable for the protection of environment.

Everyone shall be obliged to preserve and improve the environment.

3. Rights of Persons Belonging to National Minorities

Basic Provision

Article 75

Persons belonging to national minorities shall be guaranteed special individual or

collective rights in addition to the rights guaranteed to all citizens by the Constitution.

Individual rights shall be exercised individually and collective rights in community with

others, in accordance with the Constitution, law and international treaties.

Persons belonging to national minorities shall take part in decision-making

or decide independently on certain issues related to their culture, education, information

and official use of languages and script through their collective rights in accordance with

the law.

Persons belonging to national minorities may elect their national councils in

order to exercise the right to self-governance in the field of culture, education, information

and official use of their language and script, in accordance with the law.

Prohibition of discrimination against national minorities

Article 76

Persons belonging to national minorities shall be guaranteed equality

before the law and equal legal protection.

Any discrimination on the grounds of affiliation to a national minority shall

be prohibited.

Specific regulations and provisional measures which the Republic of Serbia

may introduce in economic, social, cultural and political life for the purpose of

achieving full equality among members of a national minority and citizens who belong

to the majority, shall not be considered discrimination if they are aimed at eliminating

extremely unfavourable living conditions which particularly affect them.

Equality in administering public affairs

Article 77

Members of national minorities shall have the right to participate in

administering public affairs and assume public positions, under the same conditions

as other citizens.

When taking up employment in state bodies, public services, bodies of

autonomous province and local self-government units, the ethnic structure of

population and appropriate representation of members of national minorities shall be

taken into consideration.

Prohibition of forced assimilation

Article 78

Forced assimilation of members of national minorities shall be strictly

prohibited.

Protection of members of national minorities from all activities directed

towards their forced assimilation shall be regulated by the Law.

Undertaking measures, which would cause artificial changes in ethnic

structure of population in areas where members of national minorities live traditionally

and in large numbers, shall be strictly prohibited.

Right to preservation of specificity

Article 79

Members of national minorities shall have a right to: expression,

preservation, fostering, developing and public expression of national, ethnic, cultural,

religious specificity; use of their symbols in public places; use of their language and

script; have proceedings also conducted in their languages before state bodies,

organisations with delegated public powers, bodies of autonomous provinces and

local self-government units, in areas where they make a significant majority of

population; education in their languages in public institutions and institutions of

autonomous provinces; founding private educational institutions; use of their name

and family name in their language; traditional local names, names of streets,

settlements and topographic names also written in their languages, in areas where

they make a significant majority of population; complete, timely and objective

information in their language, including the right to expression, receiving, sending

and exchange of information and ideas; establishing their own mass media, in

accordance with the Law.

Under the Law and in accordance with the Constitution, additional rights of

members of national minorities may be determined by provincial regulations.

Right to association and cooperation with compatriots

Article 80

Members of national minorities may found educational and cultural

associations, which are funded voluntarily.

The Republic of Serbia shall acknowledge a specific role of educational and

cultural associations of national minorities in their exercise of rights of members of

national minorities.

Members of national minorities shall have a right to undisturbed relations

and cooperation with their compatriots outside the territory of the Republic of Serbia.

Developing the spirit of tolerance

Article 81

In the field of education, culture and information, Serbia shall give impetus

to the spirit of tolerance and intercultural dialogue and undertake efficient measures

for enhancement of mutual respect, understanding and cooperation among all people

living on its territory, regardless of their ethnic, cultural, linguistic or religious identity.

PART THREE.- ECONOMIC SYSTEM AND PUBLIC FINANCES

1. Economic system

Basic principles

Article 82

Economic system in the Republic of Serbia shall be based on market

economy, open and free market, freedom of entrepreneurship, independence of

business entities and equality of private and other types of assets.

The Republic of Serbia shall represent a unique economic area with a

single commodity, labour, capital and services market.

The impact of the market economy on social and economic status of the

employed shall be adjusted through social dialogue between trade unions and

employers.

Freedom of entrepreneurship

Article 83

Entrepreneurship shall be permitted.

Entrepreneurship may be restricted by the Law, for the purpose of

protection of people’s health, environment and natural goods and security of the

Republic of Serbia.

Status on the market

Article 84

Everyone shall have equal legal status on the market.

Acts, which are contrary to the Law and restrict free competition by creating

or abusing monopolistic or dominant status, shall be strictly prohibited.

Rights gained through capital investments, in accordance with the Law, may

not be curtailed by the Law.

Foreign persons shall be equalled on the market with domestic persons.

Proprietary rights of foreigners

Article 85

Foreign natural and legal entities may obtain real estate property, in

accordance with the Law or international contract.

Foreigners may obtain a concession right for natural resources and goods,

as well as other rights stipulated by the Law.

Equality of all types of assets

Article 86

Private, cooperative and public assets shall be guaranteed. Public assets

shall become state assets, assets of the autonomous province and assets of local

self-government units. All types of assets shall have equal legal protection.

The existing social assets shall become private assets under the terms, in a

manner and within the deadlines stipulated by the Law.

Resources from the public assets shall be appropriated in a manner and

under the terms stipulated by the Law.

State assets

Article 87

Natural resources, goods which are stipulated by the Law as goods of

public interest and assets used by the bodies of the Republic of Serbia shall be the

state assets. State assets shall include other things and rights, according to the Law.

Natural and legal entities may obtain particular rights on particular goods in

public use, under the terms and in a manner stipulated by the Law.

Natural resources shall be utilised under the terms and in a manner

stipulated by the Law.

Assets of autonomous provinces and local self-government units, method of

its utilisation and management shall be stipulated by the Law.

Land

Article 88

Utilisation and management of agricultural land, forest land and municipal

building land on private assets shall be permitted.

The Law may restrict the models of utilisation and management, that is

stipulate terms of utilisation and management, in order to eliminate the danger of

causing damage to environment or prevent violation of rights and legally based

interests of other persons.

Protection of heritage

Article 89

Everyone shall be obliged to protect natural rarities and scientific, cultural

and historical heritage, as well as goods of public interest in accordance with the

Law.

The Republic of Serbia, autonomous provinces and local self-government

units shall be held particularly accountable for the protection of heritage.

Protection of consumers

Article 90

The Republic of Serbia shall protect consumers.

Activities directed against health, security and privacy of consumers, as well

as all other dishonest activities on the market, shall be strictly prohibited.

2. Public finances

Taxes and other revenues

Article 91

Resources which are used for the purpose of funding competences of the

Republic of Serbia, autonomous provinces and local self-government units shall be

provided from taxes and other revenues, stipulated by the Law.

Obligation of paying taxes and other dues shall be general and based on

economic power of taxpayers.

Budget

Article 92

The Republic of Serbia, autonomous provinces and local self-government

units shall have budgets, which must outline all receipts and expenses with which

they are funding their competences.

The Law shall stipulate the deadlines within which the Budget must be

adopted, as well as method of temporary funding.

Realisation of all budgets shall be audited by the State Audit Institution.

The National Assembly shall discuss the financial statement proposal of the

Budget upon the received evaluation of the State Audit Institution.

Public debt

Article 93

The Republic of Serbia, autonomous provinces and local self-government

units may be indebted.

Terms and procedure of getting into debts shall be stipulated by the Law.

Balancing development

Article 94

The Republic of Serbia shall take care of balanced and sustainable regional

development, in accordance with the Law.

National Bank of Serbia

Article 95

The National Bank of Serbia shall be a central bank of the Republic of

Serbia, independent and subject to supervision by the National Assembly to which it

accounts for its work.

The National Bank of Serbia shall be managed by the Governor elected by

the National Assembly.

The Law on the National Bank of Serbia shall be enacted.

State Audit Institution

Article 96

The State Audit Institution shall be the supreme state body for auditing public

finances in the Republic of Serbia, independent and subject to supervision by the

National Assembly to which it accounts for its work.

The Law on the State Audit Institution shall be enacted.

PART FOUR.- COMPETENCES OF THE REPUBLIC OF SERBIA

Competences of the Republic of Serbia

Article 97

The Republic of Serbia shall organise and provide for:

1. sovereignty, independence, territorial integrity and security of the Republic of

Serbia, its international status and relations with other countries and

international organisations;

2. exercise and protection of freedoms and rights of citizens; constitutionality

and legality; proceedings before courts and other state bodies; liabilities and

sanctions for violation of freedoms and rights of citizens stipulated by the

Constitution and for violation of laws, other regulations and general acts;

amnesty and pardon for criminal offences;

3. territorial organisation of the Republic of Serbia; system of local selfgovernment;
4. defence and security of the Republic of Serbia and its citizens; measures in

case of the state of emergency;

5. system of crossing the border and control of the trade in goods, services and

passenger traffic over border crossing; status of foreigners and foreign legal

entities;

6. single market; legal status of business entities; system of performing

particular economic and other activities; commodity reserves; monetary,

banking, foreign exchange and customs system; international economic

relations; system of foreign credit relations; fiscal system;

7. property and bonded relations and protection of all types of assets;
8. system in the area of labour relations, protection at work, employment, social

insurance and other forms of social security; other economic and social

relations of public interest;

9. sustainable development; system of protection and improvement of

environment; protection and improvement of flora and fauna; production,

trade and transport of arms, poisonous, inflammable, explosive, radioactive

and other hazardous substances;

10. system in areas of health care, social security, protection of war veterans and

the disabled , protection of children, education, culture and protection of

cultural goods, sport, public information, system of public services;

11. control of legality of managing resources of legal entities; financial audit of

public finances; collection of statistical and other data of public interest;

12. development of the Republic of Serbia, policy and measures for spurring

balanced development of particular areas of the Republic of Serbia, including

the development of underdeveloped areas; organisation and utilisation of

space; scientific and technological development;

13. regime and security in all areas of transport,
14. holidays and symbols of the Republic of Serbia;
15. funding of exercising rights and duties of the Republic of Serbia, stipulated by

the Constitution and Law;

16. organisation, competences and work of the bodies of the Republic;
17. other relations of interest to the Republic of Serbia, in accordance with the

Constitution.

PART FIVE.- ORGANISATION OF GOVERNMENT

1. National Assembly

Status of the National Assembly

Article 98

The National Assembly shall be the supreme representative body and

holder of constitutional and legislative power in the Republic of Serbia.

Competences

Article 99

The National Assembly shall:

1. adopt and amend the Constitution,
2. decide on changes concerning borders of the Republic of Serbia,
3. call for the Republic referendum,
4. ratify international contracts when the obligation of their ratification is

stipulated by the Law,

5. decide on war and peace and declare state of war and emergency,
6. supervise the work of security services,
7. enact laws and other general acts within the competence of the Republic of

Serbia,

8. give previous approval for the Statute of the autonomous province,
9. adopt defence strategy,
10. adopt development plan and spatial plan,
11. adopt the Budget and financial statement of the Republic of Serbia, upon the

proposal of the Government,

12. grant amnesty for criminal offences.

Within its election rights, the National Assembly shall:

1. elect the Government, supervise its work and decide on expiry of the term of

office of the Government and ministers,

2. appoint and dismiss judges of the Constitutional Court,
3. appoint the President of the Supreme Court of Cassation, presidents of

courts, Republic Public Prosecutor, public prosecutors, judges and deputy

public prosecutors, in accordance with the Constitution,

4. appoint and dismiss the Governor of the National Bank of Serbia and

supervise his/her work,

5. appoint and dismiss the Civic Defender and supervise his/her work,
6. appoint and dismiss other officials stipulated by the Law.

The National Assembly shall also perform other functions stipulated by the

Constitution and Law.

Constitution of the National Assembly

Article 100

The National Assembly shall consist of 250 deputies, who are elected on

direct elections by secret ballot, in accordance with the Law.

In the National Assembly, equality and representation of different genders

and members of national minorities shall be provided, in accordance with Law.

Election of deputies and constitution of the National Assembly

Article 101

Elections for deputies shall be called by the President of the Republic, 90

days before the end of the term of office of the National Assembly, so that elections

are finished within the following 60 days.

The first session of the National Assembly shall be convened by the

Chairman of the National Assembly from the previous session, so that the session is

held not later than 30 days from the day of declaring the final election results.

At the first session, the National Assembly shall confirm deputies’ terms of

office.

The National Assembly shall be constituted by confirmation of terms of

office of the two thirds of deputies.

Against the decision made in relation to confirmation of terms of office, an

appeal may be lodged before the Constitutional Court, which decides on it within 72

hours.

By means of confirming terms of office of the two thirds of deputies, the

term of office of the previous session of the National Assembly shall end.

Status of Deputies

Article 102

The term of office of the deputy shall begin on the day of confirmation of

terms of office in the National Assembly and last four years, that is until the expiry of

terms of office of deputies of that session of the National Assembly.

Under the terms stipulated by the Law, a deputy shall be free to irrevocably

put his/her term of office at disposal to the political party upon which proposal he or

she has been elected a deputy.

Deputy may not be a deputy in the Assembly of the autonomous province,

nor an official in bodies of executive government and judiciary, nor may he or she

perform other functions, affairs and duties, which represent a conflict of interest,

according to the Law.

Election, expiry of the term of office and status of deputies shall be

stipulated by the Law.

Immunity of deputies

Article 103

Deputies shall enjoy immunity.

Deputies may not accept criminal or other liability for the expressed opinion

or cast vote in performing the deputy’s function.

Deputy who uses his/her immunity may not be detained, nor may he or she

be involved in criminal or other proceedings in which prison sentence may be

pronounced, without previous approval by the National Assembly.

Deputy found in the act of committing any criminal offence for which the

prison sentence longer than five years is not envisaged, may be detained without

previous approval by the National Assembly.

There shall be no deadlines stipulated for the criminal or other proceedings

in which the immunity is established.

Failure to use the immunity shall not exclude the right of the National

Assembly to establish the immunity.

President and Vice Presidents of the National Assembly

Article 104

By means of majority votes of all deputies, the National Assembly shall

elect the President and one or more Vice Presidents of the National Assembly.

The President of the National Assembly shall represent the National

Assembly, convoke its sessions, preside over them and perform other activities

stipulated by the Constitution, Law and Rules of Procedure of the National Assembly.

Method of decision making in the National Assembly

Article 105

The National Assembly shall adopt decisions by majority vote of deputies at

the session at which majority of deputies are present.

By means of majority vote of all deputies the National Assembly shall:

1. grant amnesty for criminal offences,
2. declare and call off the state of emergency,
3. order measures of departure from human and minority rights in the state of

war and emergency,

4. enact the Law by which the Republic of Serbia delegates particular issues

falling within its competence to autonomous provinces and local selfgovernment

units,

5. give previous approval for the Statute of the autonomous province,
6. decide on the Rules of Procedure pertaining to its work,
7. cancel immunities of deputies, the President of the Republic, members of the

Government and Civic Defender,

8. adopt the Budget and financial statement,
9. elect members of the Government and decide on the end of the term of office

of the Government and ministers,

10. decide on response to interpellation,
11. elect judges of the Constitutional Court and decide on their dismissal and end

of their term of office,

12. elect the President of the Supreme Court of Cessation, presidents of courts,

Republic Public Prosecutor and public prosecutors and decide on the end of

their term of office,

13. elect judges and deputy public prosecutors, in accordance with the

Constitution,

14. elect and dismiss the Governor of the National Bank of Serbia, Governors’

Council and Civic Defender,

15. also perform other election competences of the National Assembly .

By means of majority vote of all deputies, the National Assembly shall

decide on laws which regulate:

1. referendum and national initiative,
2. enjoying of individual and collective rights of members of national minorities,
3. development and spatial plan,
4. public debt,
5. territories of autonomous provinces and local self-government units,
6. conclusion and ratification of international contracts,
7. other issues stipulated by the Constitution.

Sessions

Article 106

The National Assembly shall be convoked for two regular sessions per year.

The first regular session shall start on the first weekday of March, while the

second regular session shall start on the first weekday of October. Regular sessions

may not last longer than 90 days.

The National Assembly shall be convoked for extraordinary session upon

the request of at least one third of deputies or upon the request of the Government,

with previously determined agenda.

The National Assembly shall be convoked without announcement upon the

declaration of the state of war or emergency.

Right to propose laws

Article 107

A right to propose laws, other regulations and general acts shall belong to

every deputy, the Government, assemblies of autonomous provinces or at least

30,000 voters.

The Civic Defender and National Bank of Serbia shall have a right to

propose laws falling within their competence.

Referendum

Article 108

Upon the request of the majority of all deputies or at least 100,000 voters,

the National Assembly shall call the referendum on issues falling within its

competence, in accordance with the Constitution and Law.

The subject of the referendum may not include duties deriving from

international contracts, laws pertaining to human and minority rights and freedoms,

fiscal and other financial laws, the budget and financial statement, introduction of the

state of emergency and amnesty, as well as issues pertaining to election

competences of the National Assembly.

Dissolution of the National Assembly

Article 109

The President of the Republic may dissolve the National Assembly, upon

the elaborated proposal of the Government.

The Government may not propose dissolution of the National Assembly, if a

proposal has been submitted for the vote of no confidence in the Government or if

the issue of its confidence has been raised.

The National Assembly shall be dissolved if it fails to elect the Government

within 90 days from the day of its constitution.

The National Assembly may not be dissolved during the state of war and

emergency.

The President of the Republic shall be obliged to dissolve the National

Assembly upon his/her decree, in cases stipulated by the Constitution.

Simultaneously with the dissolution of the National Assembly, the President

of the Republic shall schedule elections for deputies, so that elections finish not later

than 60 days from the day of their announcement.

The National Assembly, which has been dissolved, shall only perform

current or urgent tasks, stipulated by the Law. In case of declaration of the state of

war or emergency, its full competence shall be reestablished and last until the end of

the state of war, that is, emergency.

Law on the National Assembly

Article 110

The Law on the National Parliament shall be enacted.

2. The President of the Republic

Status of the President of the Republic

Article 111

The President of the Republic shall express state unity of the Republic of

Serbia.

Competences

Article 112

The President of the Republic shall:

1. represent the Republic of Serbia in the country and abroad,
2. promulgate laws upon his decree, in accordance with the Constitution,
3. propose to the National Assembly a candidate for the Prime Minister, after

considering views of representatives of elected lists of candidates,

4. propose to the National Assembly holders of positions, in accordance with the

Constitution and Law,

5. appoint and dismiss, upon his/her decree, ambassadors of the Republic of

Serbia, upon the proposal of the Government,

6. receive letters of credit and revocable letters of credit of foreign diplomatic

representatives,

7. grant amnesties and award honours,
8. administer other affairs stipulated by the Constitution.

In accordance with the Law, the President of the Republic shall command

the Army and appoint, promote and relieve officers of the Army of Serbia.

Promulgation of laws

Article 113

The President of the Republic shall be obliged to issue a decree on

promulgation of laws or to return the law for reconsideration with a written

explanation to the National Assembly, within maximum 15 days from the day of

adoption of the law, that is, not later than within seven days, if the law has been

adopted by emergency procedure.

If the National Assembly decides to vote again on the law, which has been

returned for reconsideration by the President of the Republic, the law shall be

adopted by the majority vote from the total number of deputies.

The President of the Republic shall be obliged to promulgate the newly

adopted Law.

If the President of the Republic fails to issue a decree on promulgation of

the law within the deadline stipulated by the Constitution, the decree shall be issued

by the Chairman of the National Assembly.

Election

Article 114

The President of the Republic shall be elected on direct elections, by secret

ballot, in accordance with the Law.

Elections for the President of the Republic shall be scheduled by the

Chairman of the National Assembly, 90 days before the end of term of office of the

President of the Republic, so that elections finish within the following 60 days, in

accordance with the Law.

While assuming the office, the President of the Republic shall take the

following oath before the National Assembly:

“I do solemnly swear that I will devote all my efforts to preserve the

sovereignty and integrity of the territory of the Republic of Serbia, including Kosovo

and Metohija as its constituent part, as well as to provide exercise of human and

minority rights and freedoms, respect and protection of the Constitution and laws,

preservation of peace and welfare of all citizens of the Republic of Serbia and

perform all my duties conscientiously and responsibly.”

Incompatibility of positions

Article 115

The President of the Republic may not perform another public function or

professional duty.

Term of office

Article 116

The term of office of the President of the Republic shall last five years and

begin from the day of taking of the oath before the National Assembly.

If the term of office of the President of the Republic expires during the state

of war or emergency, it shall be extended so that it lasts until the expiry of three

months from the day of the end of the state of war, that is, of emergency.

No one shall be elected to a position of the President of the Republic more

than twice.

The term of office of the President of the Republic shall end with expiry of

the period of time for which he or she has been elected, by his/her resignation or

released of duty.

The President of the Republic shall tender his/her resignation to the

Chairman of the National Assembly.

Resignation

Article 117

When the President of the Republic tenders his/her resignation, he or she

shall then inform about this the general public and the Chairman of the National

Assembly.

The term of office of the President of the Republic shall end on the day of

his/her resignation.

Dismissal

Article 118

The President of the Republic shall be dismissed for the violation of the

Constitution, upon the decision of the National Assembly, by the votes of at least two

thirds of deputies.

Procedure for the dismissal may be initiated by the National Assembly,

upon the proposal of at least two thirds of deputies.

The Constitutional Court shall have the obligation to decide on the violation

of the Constitution, upon the initiated procedure for dismissal, not later than within 45

days.

Immunity

Article 119

The President of the Republic shall enjoy the immunity as a deputy.

The National Assembly shall decide on the immunity of the President of the

Republic.

Replacement of the President of the Republic

Article 120

When the President of the Republic is prevented from performing his/her

duties or his/her term of office ends before the expiry of the period of time for which

he or she has been elected, he or she shall be replaced by the Chairman of the

National Assembly.

The Chairman of the National Assembly may replace the President of the

Republic for maximum three months.

The Chairman of the National Assembly shall be obliged to schedule

elections for the President of the Republic so that they are held not later than three

months from the beginning of indisposition of the President of the Republic, that is

the end of his/her term of office for which he or she has been elected.

Law on the President of the Republic

Article 121

The Law on the President of the Republic shall be enacted.

3. Government

Status of the Government

Article 122

The Government shall be the holder of executive power in the Republic of

Serbia.

Competences

Article 123

The Government shall:

1. establish and pursue policy,
2. execute laws and other general acts of the National Assembly,
3. adopt regulations and other general acts for the purpose of law enforcement,
4. propose to the National Assembly laws and other general acts and gives its

opinion on those laws and general acts, when another mover proposes them,

5. direct and adjust the work of public administration bodies and perform

supervision of their work,

6. administer other affairs stipulated by the Constitution and Law.

Responsibilities of the Government

Article 124

The Government shall account to the National Assembly for the policy of

the Republic of Serbia, for enforcement of laws and other general acts of the National

Assembly, as well as for the work of the public administration bodies.

Prime Minister and members of the Government

Article 125

The Government shall consist of the Prime Minister, one or more Vice

Presidents and ministers.

The Prime Minister shall manage and direct the work of the Government,

take care of coordinated political activities of the Government, coordinate the work of

members of the Government and represent the Government.

Ministers shall account for their work and situation within the competence of

their ministries to the Prime Minister, Government and National Assembly.

Incompatibility of functions

Article 126

Member of the Government may not be a deputy in the National Assembly,

deputy in the Assembly of the autonomous province and representative in the

Assembly of the local self-government units, nor may he or she be a member of the

executive council of the autonomous province or executive body of the local selfgovernment

unit.

Other functions, actions or private interests which are incompatible with the

position of a member of the Government shall be stipulated by the Law.

Election of the Government

Article 127

A candidate for the Prime Minister shall be proposed to the National

Assembly by the President of the Republic, after he or she considers the opinions of

representatives of elected election lists.

The candidate for the Prime Minister shall present to the National Assembly

the Government’s Programme and propose its constitution.

The National Assembly shall simultaneously vote on the Government’s

Programme and election of the Prime Minister and members of the Government.

The Government shall be elected if the majority of the total number of

deputies votes for its election.

Commencement and termination of term of office of the Government and

members of the Government

Article 128

The term of office of the Government shall last until the expiry of the term of

office of the National Assembly which elected it.

The term of office of the Government shall commence on the day of taking

an oath before the National Assembly.

The term of office of the Government shall terminate before the period of

time for which it has been elected, by the vote of no confidence, dissolution of the

National Assembly, resignation of the President of the Republic and in other cases

stipulated by the Constitution.

The Government whose term of office has expired may only perform affairs

stipulated by the Law, until the election of the new Government.

The Government whose term of office has expired may not propose the

dissolution of the National Assembly.

The term of office of the member of the Government shall expire before the

expiry of the period of time for which he or she has been elected, by accepting

his/her resignation, by the vote of no confidence in the National Assembly and

dismissal by the National Assembly, upon the proposal of the Prime Minister.

Interpellation

Article 129

At least 50 deputies may propose interpellation in relation to the work of the

Government or particular member of the Government.

The Government shall have the obligation to respond to interpellation within

30 days.

The National Assembly shall discuss and vote on the response to

interpellation submitted by the Government or member of the Government to whom

the interpellation is directed.

After voting for the endorsement of the response, the National Assembly

continues to work according to the adopted agenda.

If the National Assembly fails to endorse the response of the Government or

the member of the Government by voting, it shall initiate a vote of no confidence in

the Government or a member of the Government, unless the Prime Minister, that is a

member of the Government resign beforehand, after the rejection of the response to

the interpellation.

The issue which was a subject of interpellation, may not be discussed again

before the expiry of the 90-day deadline.

Vote of no confidence in the Government or the member of the Government

Article 130

A vote of no confidence in the Government or the particular member of the

Government may be requested by at least 60 deputies.

The proposal for the vote of no confidence in the Government or the

particular member of the Government shall be discussed by the National Assembly at

the next first session, not later than five days after the submission of the proposal.

After the discussion is concluded, they shall vote on the proposal.

The proposal for the vote of no confidence in the Government or the

member of the Government shall be accepted by the National Assembly, if more than

a half of the total number of deputies votes for it.

If the National Assembly passes a vote of no confidence in the Government,

the President of the Republic shall be obliged to initiate proceedings for election of

the new Government. If the National Assembly fails to elect the new Government

within 30 days from the passing of a vote of no confidence, the President of the

Republic shall be obliged to dissolve the National Assembly and schedule elections.

If the National Assembly passes a vote of no confidence in the member of

the Government, the President of the Republic shall be obliged to initiate

proceedings for election of a new member of the Government, in accordance with the

Law.

If the National Assembly fails to pass a vote of no confidence in the

Government or the member of the Government, signatories of the proposal may not

submit a new proposal for a vote of no confidence before the expiry of the 180-day

deadline.

Vote of confidence in the Government

Article 131

The Government may require a vote of its confidence.

Upon the request of the Government, proposal for a vote of confidence in

the Government may be discussed at the current session of the National Assembly,

and if the Government has failed to submit such a proposal, the proposal shall be

discussed on the next first session, not later than five days from its submission. After

the discussion is concluded, they shall vote on the proposal.

The proposal for the vote of confidence in the Government or the member

of the Government shall be accepted by the National Assembly, if more than a half of

the total number of deputies votes for it.

If the National Assembly fails to pass a vote of confidence in the

Government, the term of office of the Government ends and the President of the

Republic shall be obliged to initiate proceedings for election of the new Government.

If the National Assembly fails to elect the new Government within 30 days from the

day of passing of vote of no confidence, the President of the Republic shall be

obliged to dissolve the National Assembly and schedule elections.

Resignation of the Prime Minister

Article 132

The Prime Minister may tender his/her resignation to the National

Assembly.

The Prime Minister shall tender his/her resignation to the Chairman of the

National Assembly and, at the same time, inform the President of the Republic and

general public.

At the next first session, the National Assembly shall confirm the resignation

of the Prime Minister.

The term of office of the Government shall terminate on the day of

confirmation of the resignation of the Prime Minister.

After the National Assembly confirms the resignation of the Prime Minister,

the President of the Republic shall be obliged to initiate the proceedings for election

of the new Government. If the National Assembly fails to elect the new Government

within 30 days from the day of confirmation of the resignation of the Prime Minister,

the President of the Republic shall be obliged to dissolve the National Assembly and

schedule elections.

Resignation and dismissal of the member of the Government

Article 133

The member of the Government may tender his/her resignation to the Prime

Minister.

The Prime Minister shall submit the resignation of the member of the

Government to the Chairman of the National Assembly and the National Assembly

shall confirm the resignation at the next first session.

The Prime Minister may propose to the National Assembly a dismissal of

particular member of the Government.

The National Assembly shall discuss and vote on the proposal for dismissal

of the member of the Government at the next first session.

Decision on Dismissal of the Member of the Government shall be adopted if

the majority of the total number of deputies votes for it.

The term of office of the member of the Government who has tendered

his/her resignation shall terminate on the day of confirmation of resignation, and for

the member of the Government who has been dismissed, the term of office shall

terminate on the day of adoption of the Decision on Dismissal.

Status and responsibilities of the member of the Government who has

tendered his/her resignation or for whom the proposal for dismissal has been

submitted shall be stipulated by the Law, until the termination of the term of office.

The Prime Minister shall be obliged to initiate proceedings for election of the

new member of the Government, after the expiry of the term of office of the member

of the Government due to tendered resignation or dismissal.

Immunity of the President and member of the Government

Article 134

The Prime Minister and the member of the Government shall not be held

accountable for opinions expressed at sittings of the Government and sessions of the

National Assembly, or for the cast vote at the sittings of the Government.

The Prime Minister and the member of the Government shall enjoy

immunity as a deputy. The Government shall decide on the immunity of the Prime

Minister and the member of the Government.

The Law on the Government

Article 135

The Law on the Government shall be enacted.

4. Public Administration

Status of the Public Administration

Article 136

The Public Administration shall be independent, bound by the Constitution

and Law and it shall account for its work to the Government.

Public Administration affairs shall be performed by ministries and other

public administration bodies, stipulated by the Law.

Public Administration affairs and the number of ministries shall be stipulated

by the Law.

Internal organisation of ministries and other public administration bodies

and organisations shall be regulated by the Government.

Delegation of public powers and public services

Article 137

In the interest of more efficient and rational exercise of citizens’ rights and

duties and satisfying their needs of vital importance for life and work, the Law may

stipulate delegation of performing particular affairs falling within the competence of

the Republic of Serbia to the autonomous province and local self-government unit.

According to the Law, particular public powers may be delegated to

enterprises, institutions, organisations and individuals.

According to the Law, particular public powers may be also delegated to

specific bodies through which they perform regulatory function in particular fields or

affairs.

The Republic of Serbia, autonomous provinces and local self-government

units may establish public services.

Affairs or duties for which public services are established, their organisation

and work shall be stipulated by the Law.

5. Civic Defender

Article 138

The Civic Defender shall be independent state body who shall protect

citizens’ rights and monitor the work of public administration bodies, body in charge

of legal protection of proprietary rights and interests of the Republic of Serbia, as well

as other bodies and organisations, companies and institutions to which public powers

have been delegated.

The Civic Defender shall not be authorised to monitor the work of the

National Assembly, President of the Republic, Government, Constitutional Court,

courts and Public Prosecutor’s Offices.

The Civic Defender shall be elected and dismissed by the National

Assembly, in accordance with the Constitution and Law.

The Civic Defender shall account for his/her work to the National Assembly.

The Civic Defender shall enjoy immunity as a deputy. The National

Assembly shall decide on the immunity of the Civic Defender.

The Law on the Civic Defender shall be enacted.

6. The Army of Serbia

Competences

Article 139

The Army of Serbia shall defend the country from external armed threat and

perform other missions and tasks, in accordance with the Constitution, Law and

principles of international law, which regulate the use of force.

Use of the Army outside the borders

Article 140

The Army of Serbia may be used outside the borders of the Republic of

Serbia only upon the decision of the National Assembly of the Republic of Serbia.

Control over the Army of Serbia

Article 141

The Army of Serbia shall be subject to democratic and civil control.

The Law on the Army of Serbia shall be enacted.

7. Courts

Judiciary principles

Article 142

Judicial power shall be unique on the territory of the Republic of Serbia.

Courts shall be separated and independent in their work and they shall

perform their duties in accordance with the Constitution, Law and other general acts,

when stipulated by the Law, generally accepted rules of international law and ratified

international contracts.

The hearing before the court shall be public and may be restricted only in

accordance with the Constitution.

Judges and jurors shall participate in a trial, in the manner stipulated by the

Law.

The Law may also regulate that only judges may participate in a trial in

particular courts and in particular cases.

The court shall decide on matters within the Council, while the Law may

stipulate that a single judge may decide on particular matters.

Types of courts

Article 143

Judicial power in the Republic of Serbia shall belong to courts of general

and special jurisdiction.

Establishing, organisation, jurisdiction, system and structure of courts shall

be regulated by the Law.

Provisional courts, courts-martial or special courts may not be established.

The Supreme Court of Cassation shall be the Supreme Court in the

Republic of Serbia.

The seat of the Supreme Court of Cassation shall be in Belgrade.

President of the Supreme Court of Cassation

Article 144

President of the Supreme Court of Cassation shall be elected by the

National Assembly, upon the proposal of the High Judicial Council and received

opinion of the meeting of the Supreme Court of Cassation and competent committee

of the National Assembly.

President of the Supreme Court of Cassation shall be elected for the period

of five years and may not be reelected.

Term of office of the President of the Supreme Court of Cassation shall

terminate before the expiry of the time for which he or she has been elected upon

his/her personal request, under the terms stipulated by the Law pertaining to the

termination of the term of office of the judge or dismissal for reasons stipulated by the

Law pertaining to dismissal of the President of Court.

Decision on the end of term of office of the President of the Supreme Court

of Cassation shall be adopted by the National Assembly, in accordance with the Law,

while the decision on dismissal shall be adopted upon the proposal of the High

Judicial Council.

Court decisions

Article 145

Court decisions shall be passed in the name of people.

Court decisions are based on the Constitution and Law, the ratified

international treaty and regulation passed on the grounds of the Law.

Court decisions shall be obligatory for all and may not be a subject of

extrajudicial control.

A court decision may only be reconsidered by an authorised court in a

legal proceedings prescribed by the Law.

A passed sentence may be fully or partially forgiven without a court

decision, by general pardon or amnesty.

Permanent tenure of office

Article 146

A judge shall have a permanent tenure.

Exceptionally, a person who is elected a judge for the first time shall

be elected for the period of three years.

Election of judges

Article 147

On proposal of the High Judicial Council, the National Assembly shall elect

as a judge the person who is elected to the post of judge for the first time.

Tenure of office of a judge who was elected to the post of judge shall last

three years.

In accordance with the Law, the High Judicial Council shall elect judges to

the posts of permanent judges, in that or other court.

In addition, the High Judicial Council shall decide on election of judges who

hold the post of permanent judges to other or higher court.

Termination of a judge’s tenure of office

Article 148

A judge’s tenure of office shall terminate at his/her own request, upon

coming into force of legally prescribed conditions or upon relief of duty for reasons

stipulated by the Law, as well as if he/she is not elected to the position of a permanent

judge.

The High Judicial Council shall pass a decision on termination of a judge’s

tenure of office. A judge shall have the right to appeal with the Constitutional Court against

this decision. The lodged appeal shall not include the right to lodge a Constitutional appeal.

The proceedings, grounds and reasons for termination of a judge’s tenure

of office, as well as the reasons for the relief of duty of the President of Court shall be

stipulated by the Law.

Independence of judge

Article 149

In performing his/her judicial function, a judge shall be independent and

responsible only to the Constitution and the Law.

Any influence on a judge while performing his/her judicial function shall be

prohibited.

Non-transferability of judge

Article 150

A judge shall have the right to perform his/her judicial function in the court

to which he/she was elected, and may be relocated or transferred to another court only on

his/her own consent.

In case of revocation of the court or the substantial part of the jurisdiction of

the court to which he/she was elected, a judge may exceptionally, without his/her consent,

be permanently relocated or transferred to another court, in accordance with the Law.

Immunity

Article 151

A judge may not be held responsible for his/her expressed opinion or

voting in the process of passing a court decision, except in cases when he/she committed

a criminal offence by violating the Law.

A judge may not be detained or arrested in the legal proceedings instituted

due to a criminal offence committed in performing their judicial function without the

approval of the High Judicial Council.

Incompatibility of judiciary function

Article 152

A judge shall be prohibited to engage in political actions.

Other functions, actions or private interests which are incompatible with the

judiciary function shall be stipulated by the Law.

8. The High Judicial Council

Status, constitution and election

Article 153

The High Judicial Council is an independent and autonomous body which

shall provide for and guarantee independence and autonomy of courts and judges.

The High Judicial Council shall have eleven members.

The High Judicial Council shall be constituted of the President of the

Supreme Court of Cassation, the Minister responsible for justice and the President of the

authorised committee of the National Assembly as members ex officio and eight electoral

members elected by the National Assembly, in accordance with the Law.

Electoral members shall include six judges holding the post of permanent

judges, of which one shall be from the territory of autonomous provinces, and two

respected and prominent lawyers who have at least 15 years of professional experience,

of which one shall be a solicitor, and the other a professor at the law faculty.

Presidents of Court may not be electoral members of the High Judicial

Council.

Tenure of office of the High Judicial Council’s members shall last five

years, except for the members appointed ex officio.

A member of the High Judicial Council shall enjoy immunity as a judge.

Jurisdiction of the High Judicial Council

Article 154

The High Judicial Council shall appoint and relieve of judges, in

accordance with the Constitution and the Law, propose to the National Assembly the

election of judges in the first election to the post of judge, propose to the National

Assembly the election of the President of the Supreme Court of Cassation as well as

presidents of courts, in accordance with the Constitution and the Law, participate in the

proceedings of terminating the tenure of office of the President of the Supreme Court of

Cassation and presidents of courts, in the manner stipulated by the Constitution and the

Law, and perform other duties specified by the Law.

Legal remedy

Article 155

An appeal may be lodged with the Constitutional Court against a

decision of the High Judicial Council, in cases stipulated by the Law.

9. Public Prosecutor’s Office

Status and jurisdiction

Article 156

Public Prosecutor’s Office shall be an independent state body which shall

prosecute the perpetrators of criminal offences and other punishable actions, and take

measures in order to protect constitutionality and legality.

Public Prosecutor’s Office shall perform its function on the grounds of the

Constitution, Law, ratified international treaty and regulation passed on the grounds of the

Law.

Establishment and organisation

Article 157

Establishment, organisation and jurisdiction of Public Prosecutor’s Office

shall be specified by the Law.

The Republic Public Prosecutor’s Office shall be the supreme Public

Prosecutor’s Office in the Republic of Serbia.

The Republic Public Prosecutor

Article 158

The Republic Public Prosecutor shall perform the function of the Public

Prosecutor’s Office within the rights and duties of the Republic of Serbia.

The Republic Public Prosecutor shall be elected by the National Assembly,

on the Government proposal and upon obtaining the opinion of the authorised committee

of the National Assembly.

The Republic Public Prosecutor shall be elected for the period of six years

and may be re-elected.

Tenure of office of the Republic Public Prosecutor shall terminate if he/she

is not re-elected, at his/her own request, upon coming into force of legally prescribed

conditions or upon relief of duty for reasons stipulated by the Law.

The decision on termination of tenure of office of the Republic Public

Prosecutor shall be adopted by the National Assembly, in accordance with the Law,

bearing in mind that it shall pass a decision on relief of duty on the Government proposal.

Public Prosecutors and Deputy Public Prosecutors

Article 159

A Public Prosecutor shall perform the function of the Public

Prosecutor’s Office.

A Public Prosecutor shall be elected by the National Assembly, on the

Government proposal.

Tenure of office of the Public Prosecutor shall last six years and

he/she may be re-elected.

A Deputy Public Prosecutor shall stand in for the Public Prosecutor in

performing the function of the Public Prosecutor’s Office and shall be obliged to act

according to his/her instructions.

On proposal of the State Prosecutors Council, the National Assembly

shall elect as a Deputy Public Prosecutor the person who is elected to this function

for the first time.

Tenure of office of a Deputy Public Prosecutor elected to that function

for the first time shall last three years.

In accordance with the Law, the State Prosecutors Council shall elect

Deputy Public Prosecutors to permanently perform that function, in that or other

Public Prosecutor’s Office.

In addition, the State Prosecutors Council shall decide on the election

of Deputy Public Prosecutors who permanently perform that function in another or

superior Public Prosecutor’s Office.

Responsibility

Article 160

The Republic Public Prosecutor shall account for the work of the

Public Prosecutor’s Office and his/her own work to the National Assembly.

Public Prosecutors shall account for the work of the Public

Prosecutor’s Office and their own work to the Republic Public Prosecutor and the

National Assembly, whereas Junior Prosecutors shall account for their work to their

immediately superior Public Prosecutor as well.

Deputy Public Prosecutors shall be held responsible for their work to

the Public Prosecutor.

Termination of Public Prosecutor and Deputy Public Prosecutor’s tenure of office

Article 161

A Public Prosecutor and Deputy Public Prosecutor may terminate their

tenure of office at their own request, upon coming into force of legally prescribed conditions

or upon relief of duty for reasons stipulated by the Law. A Public Prosecutor’s tenure of

office shall terminate even if he/she is not re-elected, and Deputy Public Prosecutor’s

tenure off office shall terminate if he/she is not permanently elected to that function.

A decision on termination of a Public Prosecutor’s tenure of office shall be

adopted by the National Assembly, in accordance with the Law, and it shall pass a

decision on relief of duty on the Government proposal.

A decision on termination of a Deputy Public Prosecutor’s tenure of office

shall be passed by the State Prosecutors Council.

A Public Prosecutor and Deputy Public Prosecutor may lodge an appeal

with the Constitutional Court against the decision on termination of their tenure of office.

The lodged appeal shall not include the right to lodge a Constitutional appeal.

The proceedings, grounds and reasons for termination of a Public

Prosecutor and Deputy Public Prosecutor’s tenure of office shall be regulated by the Law.

Immunity

Article 162

A Public Prosecutor and Deputy Public Prosecutor may not be held

responsible for the expressed opinion while performing the function of prosecutors, except

in cases when a Public Prosecutor or Deputy Public Prosecutor commits a criminal offence

by violating the law.

A Public Prosecutor or a Deputy Public Prosecutor may not be detained or

arrested in the legal proceedings instituted due to a criminal offence committed in

performing the prosecutor’s function or service without the approval of the authorised

committee of the National Assembly.

Incompatibility of prosecutor’s function

Article 163

Public Prosecutors and Deputy Public Prosecutors shall be prohibited to

engage in political actions.

Other functions, activities or private interests which are incompatible with

the prosecutor’s function shall be stipulated by the Law.

Status, constitution and election of the State Prosecutors

Council

Article 164

The State Prosecutors Council is an autonomous body which shall provide

for and guarantee the autonomy of Public Prosecutors and Deputy Public Prosecutors, in

accordance with the Law.

The State Prosecutors Council shall have 11 members.

The State Prosecutors Council shall be constituted of the Republic Public

Prosecutor, the Minister responsible for justice and the President of the authorised

committee of the National Assembly as members ex officio and eight electoral members

elected by the National Assembly, in accordance with the Law.

Electoral members shall include six Public Prosecutors or Deputy Public

Prosecutors holding permanent posts, of which one shall be from the territory of

autonomous provinces, and two respected and prominent lawyers who have at least 15

years of professional experience, of which one shall be a solicitor, and the other a

professor at the law faculty.

Tenure of office of the State Prosecutors Council’s members shall last five

years, except for the members appointed ex officio.

A member of the State Prosecutors Council shall enjoy immunity as a

Public Prosecutor.

Jurisdiction of the State Prosecutors Council

Article 165

The State Prosecutors Council shall propose to the National Assembly the

candidates for the first election of a Deputy Public Prosecutor, elect Deputy Public

Prosecutors to permanently perform that function, elect Deputy Public Prosecutors holding

permanent posts as Deputy Public Prosecutors in other Public Prosecutor’s Office, decide

in the proceedings of termination of Deputy Public Prosecutors’ tenure of office in the

manner stipulated by the Constitution and the Law, and perform other duties specified in

the Law.

PART SIX.- THE CONSTITUTIONAL COURT

Status

Article 166

The Constitutional Court shall be an autonomous and independent state

body which shall protect constitutionality and legality, as well as human and minority rights

and freedoms.

The Constitutional Court decisions are final, enforceable and generally

binding.

Jurisdiction

Article 167

The Constitutional Court shall decide on:

1. compliance of laws and other general acts with the Constitution,

generally accepted rules of the international law and ratified

international treaties,

2. compliance of ratified international treaties with the Constitution,
3. compliance of other general acts with the Law,
4. compliance of the Statute and general acts of autonomous provinces

and local self-government units with the Constitution and the Law,

5. compliance of general acts of organisations with delegated public

powers, political parties, trade unions, civic associations and collective

agreements with the Constitution and the Law.

The Constitutional Court shall:

1. decide on the conflict of jurisdictions between courts and state bodies,
2. decide on the conflict of jurisdictions between republic and provincial

bodies or bodies of local self-government units,

3. decide on the conflict of jurisdictions between provincial bodies and

bodies of local self-government units,

4. decide on electoral disputes for which the court jurisdiction has not

been specified by the Law,

5. perform other duties stipulated by the Constitution and the Law.

The Constitutional Court shall decide on the banning of a political party,

trade union organisation or civic association.

The Constitutional Court shall perform other duties stipulated by the

Constitution.

Assessment of constitutionality and legality

Article 168

A proceedings of assessing the constitutionality may be instituted by state

bodies, bodies of territorial autonomy or local self-government, as well as at least 25

deputies. The procedure may also be instituted by the Constitutional Court.

Any legal or natural person shall have the right to an initiative to institute a

proceedings of assessing the constitutionality and legality.

The Law or other general acts which is not in compliance with the

Constitution or the Law shall cease to be effective on the day of publication of the

Constitutional Court decision in the official journal.

Before passing the final decision and under the terms specified by the Law,

the Constitutional Court may suspend the enforcement of an individual general act or

action undertaken on the grounds of the Law or other general act whose constitutionality or

legality it assesses.

The Constitutional Court may assess the compliance of the Law and other

general acts with the Constitution, compliance of general acts with the Law, even when

they ceased to be effective, if the proceedings of assessing the constitutionality has been

instituted within no more than six months since they ceased to be effective.

Assessment of constitutionality of the law prior to its coming into force

Article 169

At the request of at least one third of deputies, the Constitutional Court

shall be obliged within seven days to assess constitutionality of the law which has been

passed, but has still not been promulgated by a decree.

If a law is promulgated prior to adopting the decision on constitutionality,

the Constitutional Court shall proceed with the proceedings as requested, according to the

regular proceedings of assessing the constitutionality of a law.

If the Constitutional Court passes a decision on non-constitutionality of a

law prior to its promulgation, that decision shall come into force on the day of promulgation

of the law.

The proceedings of assessing constitutionality may not be instituted

against the law whose compliance with the Constitution was established prior to its coming

into force.

Constitutional appeal

Article 170

A constitutional appeal may be lodged against individual general acts or

actions performed by state bodies or organisations exercising delegated public powers

which violate or deny human or minority rights and freedoms guaranteed by the

Constitution, if other legal remedies for their protection have already been applied or not

specified..

Ensuring the enforcement of decisions

Article 171

Everyone shall be obliged to observe and enforce the Constitutional

Court’s decision.

The Constitutional Court shall regulate in its decision the manner of its

enforcement, whenever deemed necessary.

Enforcement of the Constitutional Court’s decisions shall be regulated by

the Law.

Organisation of the Constitutional Court. Election and appointment of the Constitutional Court justices

Article 172

The Constitutional Court shall have 15 justices who shall be elected and

appointed for the period of nine years.

Five justices of the Constitutional Court shall be appointed by the National

Assembly, another five by the President of the Republic, and another five at the general

session of the Supreme Court of Cassation.

The National Assembly shall appoint five justices of the Constitutional

Court form among ten candidates proposed by the President of the Republic, the

President of the Republic shall appoint five justices of the Constitutional Court from among

ten candidates proposed by the National Assembly, and the general session of the

Supreme Court of Cassation shall appoint five justices from among ten candidates

proposed at a general session by the High Judicial Court and the State Prosecutor

Council.

On each of the proposed lists of candidates, one of the appointed

candidates must come from the territory of autonomous provinces.

A justice of the Constitutional Court shall be elected and appointed from

among the prominent lawyers who have at least 40 years of experience in practicing the

law.

One person may be elected or appointed a justice of the Constitutional

Court on two occasions at the most.

Justices of the Constitutional Court shall elect the president from among

their representatives for the period of three years, in a secret ballot.

Conflict of interest. Immunity

Article 173

A justice of the Constitutional Court may not engage in another public or

professional function or action, except for the professorship a law faculty in the Republic of

Serbia, in accordance with the Law.

A justice of the Constitutional Court shall enjoy immunity as a deputy. The

Constitutional Court shall decide on its immunity.

Termination of the tenure of office of the Constitutional Court justice

Article 174

Tenure of office of the Constitutional Court justice shall terminate upon

expiry of the period for which he/she had been elected or appointed, at his/her own

request, after meeting the requirements regulated by the Law for obtaining the old age

pension or by relief of duty.

A justice of the Constitutional Court shall be relieved of duty if he/she

violates the prohibition of the conflict of interest, permanently loses the ability to discharge

the function of a justice of the Constitutional Court, or is convicted of a penalty of

imprisonment or criminal offence which makes him/her ineligible for the post of the

Constitutional Court justice.

The National Assembly shall decide on the termination of a justice’s tenure

of office, on request of movers authorised for election, as well as on appointment for

election of a justice of the Constitutional Court. An initiative to institute the proceedings of

relieving of duty may be submitted by the Constitutional Court.

The manner of deciding in the Constitutional Court. The Law on the Constitutional Court

Article 175

The Constitutional Court shall adjudicate by the majority of votes cast by all

justices of the Constitutional Court.

A decision to autonomously institute the proceedings of assessing the

constitutionality or legality shall be passes by the Constitutional Court by two thirds of the

majority votes cast by all justices.

Organisation of the Constitutional Court and the proceedings before the

Constitutional Court, as well as the legal effect of its decisions shall be regulated by the

Law.

PART SEVEN.- TERRITORIAL ORGANISATION

1. Provincial autonomy and local self-government

Concept

Article 176

Citizens shall have the right to the provincial autonomy and local selfgovernment,

which they shall exercise directly or through their freely elected

representatives.

Autonomous provinces and local self-government units shall have the

status of legal entities.

Definition the competences

Article 177

Local self-government units shall be competent in those matters which

may be realised, in an effective way, within a local self-government unit, and autonomous

provinces in those matters which may be realised, in an effective way, within an

autonomous province, which shall not be the competence of the Republic of Serbia.

What matters shall be of republic, provincial or local interest shall be

specified by the Law.

Delegation of competences

Article 178

The Republic of Serbia may, in accordance with the law, delegate

particular matters within its competence to autonomous provinces and local selfgovernment

units.

According to its decision, an autonomous province may delegate particular

matters within its competence to local self-government units.

Resources to execute the delegated competences shall be provided for by

the Republic of Serbia or an autonomous province, depending on who the competences

were delegated by.

Right and duties of autonomous provinces and local self-government units

and powers of the Republic of Serbia and autonomous provinces in the process of

monitoring the execution of delegated competences shall be regulated by the Law.

The right to autonomous organisation of bodies

Article 179

Autonomous provinces, in accordance with the Constitution and the

Statute, and local self-government units, in accordance with the Constitution and the Law,

shall autonomously regulate the organisation and competences of its bodies and public

services.

The Assembly of an autonomous province and local self-government unit

Article 180

The Assembly shall be the supreme body of the autonomous province

and a local self-government unit.

The Assembly shall be constitutes of deputies, and the assembly of a

local self-government unit of councilors.

Deputies and councilors shall be elected for the period of four years,

in direct elections by secret ballot, namely, deputies in accordance with the decision

of the Assembly of the autonomous province, and councilors in accordance with the

Law.

In those autonomous provinces and local self-government units with

the population of mixed nationalities, a proportional representation of national

minorities in assemblies shall be provided for, in accordance with the Law.

Cooperation of autonomous provinces and local self-government units

Article 181

Autonomous provinces and local self-government units shall cooperate

with the corresponding territorial communities and local self-government units from other

countries, within the foreign policy of the Republic of Serbia, observing the territorial

integrity and legal system of the Republic of Serbia.

2. Autonomous provinces

Concept, establishment and territory of autonomous province

Article 182

Autonomous provinces shall be autonomous territorial communities

established by the Constitution, in which citizens exercise the right to the provincial

autonomy.

In the Republic of Serbia, there are the Autonomous Province of Vojvodina

and the Autonomous Province of Kosovo and Metohija. The substantial autonomy of the

Autonomous province of Kosovo and Metohija shall be regulated by the special law which

shall be adopted in accordance with the proceedings envisaged for amending the

Constitution.

New autonomous provinces may be established, and already established

ones may be revoked or merged following the proceedings envisaged for amending the

Constitution. The proposal to establish new, or revoke or merge the existing autonomous

provinces shall be established by citizens in a referendum, in accordance with the Law.

Territory of autonomous provinces and the terms under which borders

between autonomous provinces may be altered shall be regulated by the Law. Territory of

autonomous provinces may not be altered without the consent of its citizens given in a

referendum, in accordance with the Law.

Competences of autonomous provinces

Article 183

Autonomous provinces shall, in accordance with the Constitution and their

Statutes, regulate the competences, election, organisation and work of bodies and

services they establish.

Autonomous provinces shall, in accordance with the Law, regulate the

matters of provincial interest in the following fields:

1. urban planning and development,
2. agriculture, water economy, forestry, hunting, fishery, tourism, catering,

spas and health resorts, environmental protection, industry and

craftsmanship, road, river and railway transport and road repairs,

organising fairs and other economic events,

3. education, sport, culture, health care and social welfare and public

informing at the provincial level.

Autonomous provinces shall see to exercising human and minority rights,

in accordance with the Law.

Autonomous provinces shall establish their symbols, as well as the manner

in which they shall be put to use.

Autonomous provinces shall manage the provincial assets in the manner

stipulated by the Law.

Autonomous provinces shall, in accordance with the Constitution and the

Law, have direct revenues, provide the resources for local self-government units for

performing the delegated affairs and adopt their budget and annual balance sheet.

Financial autonomy of autonomous provinces

Article 184

An autonomous province shall have direct revenues for financing its

competences.

A kind and amount of direct revenues shall be stipulated by the Law.

The Law shall specify the share of autonomous provinces in the part of

revenue of the Republic of Serbia.

The budget of the Autonomous Province of Vojvodina shall amount to at

least 7% in relation to the budget of the Republic of Serbia, bearing in mind that threesevenths

of the budget of the Autonomous Province of Vojvodina shall be used for

financing the capital expenditures.

Legal acts of autonomous province

Article 185

The Statute shall be the supreme legal act of the autonomous province.

The Statute of the Autonomous Province of Vojvodina shall be adopted by

its Assembly, subject to prior approval of the National Assembly.

The autonomous province shall enact other decisions and general acts

pertaining to matters within its competences.

Monitoring the work of bodies of autonomous province

Article 186

The Government may institute, before the Constitutional Court, the

proceedings of assessing the constitutionality and legality of a decision adopted by the

autonomous province, prior to its coming into force. In that sense, prior to passing its

decision, the Constitutional Court may defer coming into force of the challenged decision of

the autonomous province.

Protection of the provincial autonomy

Article 187

A body designated by the Statute of the autonomous province shall have a

right to lodge an appeal with the Constitutional Court, if an individual legal act or action of a

state body or body of local self-government unit obstructs performing the competences of

the autonomous province.

A body designated by the Statute of the autonomous province may

institute the proceedings of assessing the constitutionality or legality of the law and other

legal act of the Republic of Serbia or the legal act of the local self-government unit which

violates the right to the provincial autonomy.

3. Local self-government

General provisions

Article 188

Local self-government units shall be municipalities, towns and the City of

Belgrade.

The territory and seat of a local self-government unit shall be specified by

the Law.

Establishment, revocation or alteration of the territory of a local selfgovernment

unit shall be preceded by a referendum on the territory of that local selfgovernment

unit.

Affairs of a local self-government unit shall be financed form the direct

revenues of the local self-government unit, the budget of the Republic of Serbia, in

accordance with the Law, and the budget of the Autonomous Province of Vojvodina, in

cases when the autonomous province delegated the performing of affairs within its

competences, in accordance with the decision of the Assembly of the Autonomous

Province.

Status of local self-government units

Article 189

Municipalities shall be established and revoked by the Law.

A town shall be established by the Law, in accordance with the criteria

stipulated by the Law regulating local self-government.

A town shall have competences delegated to the municipality by the

Constitution, whereas other competences may be delegated to it by the Law.

It may be envisaged in the Statute of the town to establish two or more

town municipalities on the territory of the town. The Statute of the town shall regulate the

affairs falling within the town competence performed by town municipalities.

The status of the City of Belgrade, the capital of the Republic of Serbia,

shall be regulated by the Law on the Capital and the Statute of the City of Belgrade. The

City of Belgrade shall have competences delegated to the municipality and city by the

Constitution and the Law, and other competences may be delegated to it in accordance

with the Law on the Capital.

Competence of municipality

Article 190

The municipality shall, through its bodies, and in accordance with the Law:

1. regulate and provide for the performing and development of municipal

activities;

2. regulate and provide for the use of urban construction sites and

business premises;

3. be responsible for construction, reconstruction, maintenance and use

of local network of roads and streets and other public facilities of

municipal interest; regulate and provide for the local transport;

4. be responsible for meeting the needs of citizens in the field of

education, culture, health care and social welfare, child welfare, sport

and physical culture;

5. be responsible for development and improvement of tourism,

craftsmanship, catering and commerce;

6. be responsible for environmental protection, protection against natural

and other disasters; protection of cultural heritage of the municipal

interest;

7. protection, improvement and use of agricultural land;
8. perform other duties specified by the Law.

The municipality shall autonomously, in accordance with the Law, adopt its

budget and annual balance sheet, the urban development plan and municipal

development programme, establish the symbols of the municipality, as well as their use.

The municipality shall see to exercising, protection and improvement of

human and minority rights, as well as to public informing in the municipality.

The municipality shall autonomously manage the municipal assets, in

accordance with the Law.

The municipality shall, in accordance with the Law, prescribe offences

related to violation of municipal regulations.

Municipal legal acts and bodies

Article 191

The Statute shall be the supreme legal act of the municipality. The Statute

shall be adopted by the Municipal Assembly.

The Municipal Assembly shall pass general acts within its competences,

adopt the budget and annual balance sheet, adopt the development plan and the

municipal spatial plan, schedule the municipal referendum and perform other duties

specified by the Law and the Statute.

Municipal bodies shall be the Municipal Assembly and other bodies

designated by the Statute, in accordance with the Law.

The Municipal Assembly shall decide on the election of municipal

executive bodies, in accordance with the Law and the Statute.

Election of executive bodies of the town and the City of Belgrade shall be

regulated by the Law.

Monitoring the work of municipality

Article 192

The Government shall be obliged to cancel the enforcement of the

municipal general act which it considers to be in noncompliance with the Constitution or

the Law, and institute the proceedings of assessing its constitutionality or legality within five

days.

The Government may, under the terms specified by the Law, dismiss the

Municipal Assembly.

Simultaneously with the dismissal of the Municipal Assembly, the

Government shall appoint a temporary body which shall perform duties within the

competences of the Assembly, taking into consideration the political and national

composition of the dismissed Municipal Assembly.

Protection of local self-government

Article 193

The body designated by the Statute of the municipality shall have the right

to lodge an appeal with the Constitutional Court if an individual legal act or action by a state

body or body of local self-government unit obstructs performing the competences of the

municipality.

The body designated by the Statute of the municipality may institute the

proceedings of assessing the constitutionality or legality of the Law or other legal act of the

Republic of Serbia or autonomous province which violates the right to local selfgovernment.

PART EIGHT.- CONSTITUTIONALITY AND LEGALITY

Hierarchy of domestic and international general legal acts

Article 194

The legal system of the Republic of Serbia shall be unique.

The Constitution shall be the supreme legal act of the Republic of Serbia.

All laws and other general acts enacted in the Republic of Serbia must be

in compliance with the Constitution.

Ratified international treaties and generally accepted rules of ithe

international law shall be part of the legal system of the Republic of Serbia. Ratified

international treaties may not be in noncompliance with the Constitution.

Laws and other general acts enacted in the Republic of Serbia may not be

in noncompliance with the ratified international treaties and generally accepted rules of the

International Law.

Hierarchy of domestic general legal acts

Article 195

All by-laws of the Republic of Serbia, general acts of organisations with

delegated public powers, political parties, trade unions and civic associations and collective

agreements must be in compliance with the Law.

Statutes, decisions and other general acts of autonomous provinces and

local self-government units must be in compliance with the Law.

All general acts of autonomous provinces and local self-government units

must be in compliance with their statutes.

Publication of laws and other general acts

Article 196

Laws and all other general acts shall be published prior to coming into

force.

The Constitution, laws and by-laws of the Republic of Serbia shall be

published in the republic official journal, and statutes, decisions and other general acts of

autonomous provinces shall be published in provincial official journals.

Statutes and general acts of local self-government units shall be published

in local official journals.

Laws and other general acts shall come into force no earlier than on the

eighth day from the day of publication and may come into force earlier only if there

are particularly justified grounds for that, specified at the time of their adoption.

Prohibition of retroactive effect of laws and other general acts

Article 197

Laws and other general acts may not have a retroactive effect.

Exceptionally, only some of the law provisions may have a retroactive

effect, if so required by general public interest as established in the procedure of

adopting the Law.

A provision of the Penal Code may have a retroactive effect only if it shall

be more favourable for the perpetrator.

Legality of administration

Article 198

Individual acts and actions of state bodies, organisations with delegated

public powers, bodies of autonomous provinces and local self-government units must be

based on the Law.

Legality of final individual acts deciding on a right, duty or legally grounded

interest shall be subject to reassessing before the court in an administrative proceedings, if

other form of court protection has not been stipulated by the Law.

Language of proceedings

Article 199

Everyone shall have the right to use his/her language in the proceedings

before the court, other state body or organisation performing public powers, when his/her

right or duty is decided on.

Unfamiliarity with the language of the proceedings may not be an

impediment for the exercise and protection of human and minority rights.

State of emergency

Article 200

When the survival of the state or its citizens is threatened by a public

danger, the National Assembly shall proclaim the state of emergency.

The decision on the state of emergency shall be effective 90 days at the

most. Upon expiry of this period, the National Assembly may extend the decision on the

state of emergency for another 90 days, by the majority votes of the total number of

deputies.

During the state of emergency, the National Assembly shall convene

without any special call for assembly and it may not be dismissed.

When proclaiming the state of emergency, the National Assembly may

prescribe the measures which shall provide for derogation from human and minority

rights guaranteed by the Constitution.

When the National Assembly is not in a position to convene, the decision

proclaiming the state of emergency shall be adopted by the President of the Republic

together with the President of the National Assembly and the Prime Minister, under the

same terms as by the National Assembly.

When the National Assembly is not in a position to convene, the measures

which provide for derogation from human and minority rights may be prescribed by the

Government, in a decree, with the President of the Republic as a co-signatory.

Measures providing for derogation from human and minority rights

prescribed by the National Assembly or Government shall be effective 90 days at the most,

and upon expiry of that period may be extended under the same terms.

When the decision on the state of emergency has not been passed by the

National Assembly, the National Assembly shall verify it within 48 hours from its passing,

that is, as soon as it is in a position to convene. If the National Assembly does not verify

this decision, it shall cease to be effective upon the end of the first session of the National

Assembly held after the proclamation of the state of emergency.

In cases when the measures providing for derogation from human and

minority rights have not been prescribed by the National Assembly, the Government shall

be obliged to submit the decree on measures providing for derogation from human and

minority rights to be verified by the National Assembly within 48 hours from its passing, that

is, as soon as the National Assembly is in a position to convene. In other respects, the

measures providing for derogation shall cease to be effective 24 hours prior to the

beginning of the first session of the National Assembly held after the proclamation of the

state of emergency.

The state of war

Article 201

The National Assembly shall proclaim the state of war.

When the National Assembly is not in a position to convene, the

decision on proclamation of the state of war shall be passed by the President of the

Republic together with the President of the National Assembly and the Prime

Minister.

When proclaiming the state of war, the National Assembly may

prescribe the measures which shall provide for derogation from human and minority

rights guaranteed by the Constitution.

When the National Assembly is not in a position to convene, the measures

which provide for derogation from human and minority rights guaranteed by the

Constitution shall be decided on by the President of the Republic together with the

President of the National Assembly and the Prime Minister.

All measures prescribed in the period of the state of war shall be

verified by the National Assembly when in a position to convene.

Derogation form human and minority rights in the state of emergency and war

Article 202

Upon proclamation of the state of emergency or war, derogations from

human and minority rights guaranteed by the Constitution shall be permitted only to the

extent deemed necessary.

Measures providing for derogation shall not bring about differences based

on race, sex, language, religion, national affiliation or social origin.

Measures providing for derogation from human and minority rights shall

cease to be effective upon ending of the state of emergency or war.

Measures providing for derogation shall by no means be permitted in terms

of the rights guaranteed pursuant to Articles 23, 24, 25, 26, 28, 32, 34, 37, 38, 43, 45, 47,

49, 62 , 63, 64 and 78 of the Constitution.

PART NINE.- AMENDING THE CONSTITUTION

Proposal to amend the Constitution and adoption of the amendment to the Constitution

Article 203

A proposal to amend the Constitution may be submitted by at least one

third of the total number of deputies, the President of the Republic, the Government and at

least 150,000 voters.

The National Assembly shall decide on amending the Constitution.

A proposal to amend the Constitution shall be adopted by a two-third

majority of the total number of deputies.

If the required majority of votes has not been achieved, the amending of

the Constitution according to the issues contained in the submitted proposal which has not

been adopted shall not be considered in the following twelve months.

In case the National Assembly adopts the proposal for amending the

Constitution, an act on amending the Constitution shall be drafted, that is, considered.

The National Assembly shall adopt an act on amending the Constitution by

a two-third majority of the total number of deputies and may decide to have it endorsed in

the republic referendum by the citizens.

The National Assembly shall be obliged to put forward the act on

amending the Constitution in the republic referendum to have it endorsed, in cases when

the amendment of the Constitution pertains to the preamble of the Constitution, principles

of the Constitution, human and minority rights and freedoms, the system of authority,

proclamation the state of war and emergency, derogation from human and minority rights

in the state of emergency or war or the proceedings of amending the Constitution.

When the act on amending the Constitution is put forward for

endorsement, the citizens shall vote in the referendum within no later than 60 days from

the day of adopting the act on amending the Constitution. The amendment to the

Constitution shall be adopted if the majority of voters who participated in the referendum

voted in favour of the amendment.

The act on amending the Constitution endorsed in the republic referendum

shall come into force once promulgated by the National Assembly.

If the National Assembly does not decide to put forward the act on

amending the Constitution for endorsement, the amendment of the Constitution shall be

adopted by voting in the National Assembly, and the act on amending the Constitution

shall come into force once promulgated by the National Assembly.

Prohibition to amend the Constitution

Article 204

The Constitution shall not be amended in the time of the state of war or

emergency.

Constitutional law

Article 205

A constitutional law shall be enacted for the enforcement of the

amendments to the Constitution.

A constitutional law shall be adopted by a two-third majority of the total

number of deputies.

PART TEN.- FINAL PROVISION

Article 206

This Constitution shall come into force on the day of its promulgation

in the National Assembly.