{ Official name: Constitution of the Republic of Serbia }
{ Adopted by referendum on: 28/29 Oct 2006 }
{ ICL Document Status: 16 Nov 2009 }
{ Editor's Note:
The ICL-edition is based on the text published by the Serbian Government. It has been changed to ICL style and extended by paragraph numbering. }
[Quasi-Preamble]
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 the Constitution of the Republic of Serbia.
Article 1 Republic of SerbiaThe 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.
Article 2 Sovereignty holders(1) Sovereignty is vested in citizens who exercise it through referendums, people's initiative and freely elected representatives.
(2) 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.
Article 3 Rule of law(1) The rule of law is a fundamental prerequisite for the Constitution which is based on inalienable human rights.
(2) The rule of law is 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.
Article 4 Division of power(1) The legal system is unique.
(2) The government is based on the division of power into legislative, executive and judiciary.
(3) The relation between three branches of power is based on balance and mutual control.
(4) Judicial power is independent.
Article 5 Political parties(1) The role of political parties in democratic shaping of the political will of the citizens is guaranteed and recognized.
(2) Political parties may be established freely.
(3) Activities of political parties aiming at forced overthrow of constitutional system, violation of guaranteed human or minority rights, inciting racial, national or religious hatred, are prohibited.
(4) Political parties may not exercise power directly or submit it to their control.
Article 6 Prohibition of the conflict of interest(1) No person may perform a state or public function in conflict with their other functions, occupation or private interests.
(2) The presence of conflict of interest and liability for its resolution shall be regulated by the Constitution and Law.
Article 7 Coat of arms, flag and national anthem(1) The Republic of Serbia has a coat of arms, a flag and a national anthem.
(2) The coat of arms of the Republic of Serbia is used in the form of the Large Coat of Arms and Small Coat of Arms.
(3) The flag of the Republic of Serbia exists and is used as the National Flag and State Flag.
(4) The national anthem of the Republic of Serbia is the official song "Bože pravde".
(5) Appearance and use of the coat of arms, flag and national anthem are regulated by law.
Article 8 Territory and border(1) The territory of the Republic of Serbia is inseparable and indivisible.
(2) The border of the Republic of Serbia is inviolable and may be altered in a procedure applied to amend the Constitution.
Article 9 Capital CityThe capital city of the Republic of Serbia is Belgrade.
Article 10 Language and script(1) Serbian language and Cyrillic script are in official use in the Republic of Serbia.
(2) The official use of other languages and scripts is regulated by the law based on the Constitution.
Article 11 Secularity of the State(1) The Republic of Serbia is a secular state.
(2) Churches and religious communities are separated from the state.
(3) No religion may be established as state or mandatory religion.
Article 12 Provincial autonomy and local self-government(1) State power is restricted by the right of citizens to provincial autonomy and local self-government.
(2) The right of citizens to provincial autonomy and local self-government is subject only to supervision of constitutionality and legality.
Article 13 Protection of citizens and Serbs abroad(1) The Republic of Serbia protects the rights and interests of its citizens abroad.
(2) The Republic of Serbia develops and promotes relations of Serbs living abroad with the kin state.
Article 14 Protection of national minorities(1) The Republic of Serbia protects the rights of national minorities.
(2) The State guarantees special protection to national minorities for the purpose of exercising full equality and preserving their identity.
Article 15 Gender equalityThe State guarantees the equality of women and men and develops equal opportunities policy.
Article 16 International relations(1) The foreign policy of the Republic of Serbia is based on generally accepted principles and rules of international law.
(2) Generally accepted rules of international law and ratified international treaties are an integral part of the legal system in the Republic of Serbia and applied directly.
(3) Ratified international treaties must be in accordance with the Constitution.
Article 17 Status of foreign nationalsPursuant to international treaties, foreign nationals in the Republic of Serbia 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.
Article 18 Direct implementation of guaranteed rights(1) Human and minority rights guaranteed by the Constitution are implemented directly.
(2) The Constitution guarantees, and as such, directly implements, human and minority rights guaranteed by the generally accepted rules of international law, ratified international treaties and laws. The law may prescribe the 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.
(3) Provisions on human and minority rights are to 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.
Article 19 Purpose of constitutional guaranteesGuarantees 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.
Article 20 Restriction of human and minority rights(1) 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.
(2) The attained level of human and minority rights may not be lowered.
(3) When restricting human and minority rights, all state bodies, particularly the courts, are 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.
Article 21 Prohibition of discrimination(1) All are equal before the Constitution and law.
(2) Everyone has the right to equal legal protection, without discrimination.
(3) 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 are prohibited.
(4) 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 are not to be deemed discrimination.
Article 22 Protection of human and minority rights and freedoms(1) Everyone has the right to judicial protection when any of their human or minority rights guaranteed by the Constitution have been violated or denied; they also have the right to elimination of consequences arising from the violation.
(2) The citizens has the right to address international institutions in order to protect their freedoms and rights guaranteed by the Constitution.
Article 23 Dignity and free development of individuals(1) Human dignity is inviolable and everyone is obliged to respect and protect it.
(2) Everyone has the right to free development of his personality if this does not violate the rights of others guaranteed by the Constitution.
Article 24 Right to life(1) Human life is inviolable.
(2) There may be no death penalty in the Republic of Serbia.
(3) Cloning of human beings is prohibited.
Article 25 Inviolability of physical and mental integrity(1) Physical and mental integrity is inviolable.
(2) Nobody may be subjected to torture, inhuman or degrading treatment or punishment, nor subjected to medical and other experiments without their free consent.
Article 26 Prohibition of slavery, servitude and forced labour(1) No person may be kept in slavery or servitude.
(2) All forms of human trafficking are prohibited.
(3) Forced labour is prohibited. Sexual or financial exploitation of person in unfavourable position are deemed forced labour.
(4) 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, are not considered forced labour.
Article 27 Right to freedom and security(1) Everyone has the right to personal freedom and security. Depration of liberty is allowed only on the grounds and in a procedure stipulated by the law.
(2) Any person deprived of liberty by a state body must 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.
(3) Any person deprived of liberty has the right to initiate proceedings where the court reviews the lawfulness of arrest or detention and order the release if the arrest or detention was against the law.
(4) Any sentence which includes deprivation of liberty may be proclaimed solely by the court.
Article 28 Treatment of persons deprived of liberty(1) Persons deprived of liberty must be treated humanely and with respect to dignity of their person.
(2) Any violence towards persons deprived of liberty is prohibited.
(3) Extorting a statement is prohibited.
Article 29 Special Rights in Case of Arrest and Detention without Decision of the Court(1) Any person deprived of liberty without decision of the court must 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.
(2) 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 must be released.
Article 30 Detention(1) 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.
(2) 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 reconsiders the decision on detention.
(3) A written decision of the court with explanation for reasons of detention must be delivered to the detainee not later than 12 hours after pronouncing. The court decides on the appeal to decision detention and delivers it to the detainee within 48 hours.
Article 31 Duration of detention(1) The court reduces 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 may 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 has to be released.
(2) The court reduces the duration of detention after the bringing of charges to the shortest possible period, in accordance with the law.
(3) Detainee has to be allowed pre-trial release as soon as grounds for remanding to detention cease to exist.
Article 32 Right to a fair trial (1) Everyone has the right to a public hearing before an independent and impartial tribunal established by the law within reasonable time which pronounces judgement on their rights and obligations, grounds for suspicion resulting in initiated procedure and accusations brought against them.
(2) Everyone is 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.
(3) 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.
Article 33 Special rights of persons charged with criminal offense(1) Any person charged with criminal offense has 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.
(2) Any person charged with criminal offense has 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.
(3) Any person charged with criminal offense without sufficient means to pay for legal counsel has the right to a free legal counsel when the interests of justice so require and in compliance with the law.
(4) Any person charged with criminal offense available to the court has 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.
(5) Any person prosecuted for criminal offense has 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.
(6) Any person prosecuted for criminal offense has the right to a trial without undue delay.
(7) Any person charged or prosecuted for criminal offense may not be obligated to provide self-incriminating evidence or evidence to the prejudice of persons related to him, nor may he be obliged to plead guilty.
(8) Any other natural person prosecuted for other offences punishable by law has all the rights of a person charged with criminal offense pursuant to the law and in accordance with it.
Article 34 Legal certainty in criminal law(1) 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 may a penalty be imposed which was not prescribed for this act.
(2) The penalties are to 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 are to be laid down by the law.
(3) Everyone is presumed innocent for a criminal offence until convicted by a final judgement of the court.
(4) 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 applies to all other proceedings conducted for any other act punishable by law.
(5) In special cases, reopening of proceedings is 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.
(6) Criminal prosecution or execution of punishment for a war crime, genocide, or crime against humanity is not subject to a statute of limitation.
Article 35 Right to rehabilitation and compensation (1) Any person deprived of liberty, detained or convicted for a criminal offence without grounds or unlawfully has the right to rehabilitation and compensation of damage by the Republic of Serbia, as well as other rights stipulated by the law.
(2) Everyone has 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.
(3) The law stipulates the conditions under which the injured party may demand compensation for damage directly from the person that inflicted the damage.
Article 36 Right to equal protection of rights and legal remedy(1) Equal protection of rights before courts and other state bodies, entities exercising public powers and bodies of the autonomous province or local self-government are guaranteed.
(2) Everyone has the right to an appeal or other legal remedy against any decision on his rights, obligations or lawful interests.
Article 37 Right to legal person (1) Everyone has legal capacity.
(2) Upon becoming of age all persons become capable of deciding independently about their rights and obligations. A person becomes of age after turning 18.
(3) A person may choose and use a personal name and the name of their children freely.
Article 38 Right to citizenship(1) Acquiring and terminating citizenship of the Republic of Serbia is regulated by law.
(2) A citizen of the Republic of Serbia may not be expelled or deprived of citizenship or the right to change it.
(3) Any child born in the Republic of Serbia has the right to citizenship of the Republic of Serbia unless conditions have been met to acquire citizenship of some other country.
Article 39 Freedom of movement(1) Everyone has the right to free movement and residence in the Republic of Serbia, as well as the right to leave and return.
(2) 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.
(3) Entry and stay of foreign nationals in the Republic of Serbia are regulated by the law.
(4) 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.
Article 40 Inviolability of home(1) A person's home is inviolable.
(2) 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 has 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.
(3) Entering a person's home or other premises, and in special cases conducting search without witnesses, is 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.
Article 41 Confidentiality of letters and other means of communication(1) The confidentiality of letters and other means of communication is inviolable.
(2) Derogation is 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.
Article 42 Protection of personal data(1) Protection of personal data shall be guaranteed.
(2) Collecting, keeping, processing and using of personal data is regulated by the law.
(3) Use of personal data for any the purpose other the one were collected for is 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.
(3) Everyone has 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.
Article 43 Freedom of thought, conscience and religion(1) Freedom of thought, conscience, beliefs and religion are guaranteed, as well as the right to stand by one's belief or religion or change them by choice.
(2) No person has the obligation to declare his religious or other beliefs.
(3) Everyone has 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.
(4) 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.
(5) Parents and legal guardians have the right to ensure religious and moral education of their children in conformity with their own convictions.
Article 44 Churches and religious communities(1) Churches and religious communities are equal and separated from the state.
(2) Churches and religious communities are 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.
(3) The 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.
Article 45 Conscientious objection(1) No person may be obliged to perform military or any other service involving the use of weapons if this opposes his religion or beliefs.
(2) Any person pleading conscientious objection may be called upon to fulfill military duty without the obligation to carry weapons, in accordance with the law.
Article 46 Freedom of thought and expression(1) The freedom of thought and expression is guaranteed, as well as the freedom to seek, receive and impart information and ideas through speech, writing, art or in some other manner.
(2) 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.
Article 47 Freedom of expressing national affiliation(1) National affiliation may be expressed freely.
(2) No person may be obliged to declare his national affiliation.
Article 48 Promotion of respect for diversity The Republic of Serbia promotes the 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.
Article 49 Prohibition of inciting racial, ethnic and religious hatredAny inciting of racial, ethnic, religious or other inequality or hatred is prohibited and punishable.
Article 50 Freedom of the media(1) Everyone has the freedom to establish newspapers and other forms of public information without prior permission and in a manner laid down by the law.
(2) Television and radio stations are established in accordance with the law.
(3) Censorship may not be applied in the Republic of Serbia. A competent court may prevent the dissemination of information through means of public information 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.
(4) The law regulates 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.
Article 51 Right to information(1) Everyone has the right to be informed accurately, fully and timely about issues of public importance. The media have the obligation to respect this right.
(2) Everyone has the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law.
Article 52 Electoral rights(1) Every citizen of age and working ability of the Republic of Serbia has the right to vote and be elected.
(2) Suffrage is universal and equal for all, the elections has to be free and direct and voting is carried out by secret ballot in person.
(3) Elections must be protected by the law and held in accordance with the law.
Article 53 Right to participate in management of public affairsCitizens have the right to take part in the management of public affairs and to assume public service and functions under equal conditions.
Article 54 Freedom of assembly(1) Citizens may assemble freely.
(2) Assembly held indoors may not be subjected to permission or registering.
(3) Gathering, demonstrations and other forms of assembly held outdoors are to be reported to the state body, in accordance with the law.
(4) The 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.
Article 55 Freedom of association(1) The freedom of political union and any other form of association is guaranteed, as well as the right to stay out of any association.
(2) Associations may be formed without prior approval and are entered in the register kept by a state body, in accordance with the law.
(3) Secret and paramilitary associations are prohibited.
(4) The 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.
(5) Judges of Constitutional Court, judges, public prosecutors, Defender of Citizens, members of police force and military persons may not be members of political parties.
Article 56 Right to petition(1) Everyone has 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.
(2) No person may suffer detrimental consequences for putting forward a petition or proposal.
(3) No person may suffer detrimental consequences for opinions stated in the petition or proposal unless they constitute a criminal offense.
Article 57 Right to asylum (1) 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, has the right to asylum in the Republic of Serbia.
(2) The procedure for granting asylum shall be regulated by the law.
Article 58 Right to property(1) Peaceful tenure of a person's own property and other property rights acquired by the law is guaranteed.
(2) The right to property may be revoked or restricted only in the public interest established by the law and with compensation which may not be less than market value.
(3) The law may restrict the manner of using the property.
(4) Seizure or restriction of property to collect taxes and other levies or fines is permitted only in accordance with the law.
Article 59 Right to inheritance(1) The right to inheritance is guaranteed in accordance with the law.
(2) The right to inheritance may not be denied or restricted for failing to observe public duties.
Article 60 Right to work(1) The right to work is guaranteed in accordance with the law.
(2) Everyone has the right to choose his occupation freely.
(3) All work places have to be available to everyone under equal conditions.
(4) Everyone has 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.
Article 61 Right to strike(1) The employed have the right to strike in accordance with the law and collective agreement.
(2) The right to strike may be restricted only by the law in accordance with nature or type of business activity.
Article 62 Right to enter into marriage and equality of spouses(1) Everyone has the right to decide freely on entering or dissolving a marriage.
(2) Marriage is entered into based on the free consent of man and woman before the state body.
(3) Contracting, duration or dissolution of marriage are to be based on the equality of man and woman.
(4) Marriage, marital and family relations are regulated by the law.
(5) Extramarital community is equal with marriage, in accordance with the law.
Article 63 Freedom to procreate(1) Everyone has the freedom to decide whether they shall procreate or not.
(2) The Republic of Serbia encourages the parents' decision to have children and assists them in this matter.
Article 64 Rights of the child (1) Children enjoy human rights suitable to their age and mental maturity.
(2) Every child has the right to a personal name, entry in the registry of births, the right to learn about its ancestry, and the right to preserve their own identity.
(3) A child has to be protected from psychological, physical, economic and any other forms of exploitation or abuse.
(4) A child born out of wedlock has the same rights as a child born in wedlock.
(5) The rights of the child and their protection are to be regulated by the law.
Article 65 Rights and duties of parents(1) Parents have the right and duty to support, provide upbringing and education to their children in which they shall be equal.
(2) 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.
Article 66 Special protection of the family, mother, single parent and child(1) Families, mothers, single parents and any child in the Republic of Serbia enjoy special protection in the Republic of Serbia in accordance with the law.
(2) Mothers are to be given special support and protection before and after childbirth.
(3) Special protection has to be provided for children without parental care and mentally or physically handicapped children.
(4) 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.
Article 67 Right to legal assistance(1) Everyone is guaranteed right to legal assistance under conditions stipulated by the law.
(2) Legal assistance has to 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.
(3) The law stipulates the conditions for providing free legal assistance.
Article 68 Health care(1) Everyone has the right to protection of their mental and physical health.
(2) Health care for children, pregnant women, mothers on maternity leave, single parents with children under seven years of age and elderly persons have to be provided from public revenues unless it is provided in some other manner in accordance with the law.
(3) Health insurance, health care and establishing of health care funds are regulated by the law.
(4) The Republic of Serbia assists in the development of health and physical culture.
Article 69 Social protection(1) Citizens and families that require welfare for the purpose of overcoming social and existential difficulties and creating conditions to provide subsistence, have the right to social protection the provision of which is based on social justice, humanity and respect of human dignity.
(2) Rights of the employees and their families to social protection and insurance are regulated by the law.
(3) The employees have the right to salary compensation in case of temporary inability to work, as well as the right to temporary unemployment benefit in accordance with the law.
(4) Disabled people, war veterans and victims of war are provided special protection in accordance with the law.
(5) Social insurance funds are to be established in accordance with the law.
Article 70 Pension insurance(1) Pension insurance is regulated by the law.
(2) The Republic of Serbia has to see to the economic security of the pensioners.
Article 71 Right to education(1) Everyone has the right to education.
(2) Primary education is mandatory and free, whereas secondary education is free.
(3) All citizens have access under equal conditions to higher education. The Republic of Serbia provides for free tertiary education to successful and talented students of lower property status in accordance with the law.
(4) Establishment of schools and universities is regulated by the law.
Article 72 Autonomy of university(1) Autonomy of universities, faculties and scientific institutions are guaranteed.
(2) Universities, faculties and scientific institutions may decide freely on their organization and work in accordance with the law.
Article 73 Freedom of scientific and artistic creativity(1) Scientific and artistic creativity must remain unrestricted.
(2) Authors of scientific and artistic works are guaranteed moral and material rights in accordance with the law.
(3) The Republic of Serbia assists in and promotes development of science, culture and art.
Article 74 Healthy environment(1) Everyone has the right to healthy environment and the right to timely and full information about the state of environment.
(2) Everyone, especially the Republic of Serbia and autonomous provinces, is accountable for the protection of environment.
(3) Everyone is obliged to preserve and improve the environment.
Article 75 Basic Provision(1) Persons belonging to national minorities are guaranteed special individual or collective rights in addition to the rights guaranteed to all citizens by the Constitution. Individual rights are exercised individually and collective rights in community with others, in accordance with the Constitution, law and international treaties.
(2) Persons belonging to national minorities may 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.
(3) 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.
Article 76 Prohibition of discrimination against national minorities(1) Persons belonging to national minorities are guaranteed equality before the law and equal legal protection.
(2) Any discrimination on the grounds of affiliation to a national minority is prohibited.
(3) 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, is not considered discrimination if they are aimed at eliminating extremely unfavourable living conditions which particularly affect them.
Article 77 Equality in administering public affairs(1) Members of national minorities have the right to participate in administering public affairs and assume public positions, under the same conditions as other citizens.
(2) 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 are to be taken into consideration.
Article 78 Prohibition of forced assimilation(1) Forced assimilation of members of national minorities is strictly prohibited.
(2) The protection of members of national minorities from all activities directed towards their forced assimilation is to be regulated by the Law.
(3) 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, is strictly prohibited.
Article 79 Right to preservation of specificity(1) Members of national minorities 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.
(2) Under the Law and in accordance with the Constitution, additional rights of members of national minorities may be determined by provincial regulations.
Article 80 Right to association and cooperation with compatriots(1) Members of national minorities may found educational and cultural associations, which are funded voluntarily.
(2) The Republic of Serbia acknowledges a specific role of educational and cultural associations of national minorities in their exercise of rights of members of national minorities.
(3) Members of national minorities have a right to undisturbed relations and cooperation with their compatriots outside the territory of the Republic of Serbia.
Article 81 Developing the spirit of toleranceIn the field of education, culture and information, Serbia gives 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.
Article 82 Basic principles(1) The economic system in the Republic of Serbia is based on market economy, open and free market, freedom of entrepreneurship, independence of business entities and equality of private and other types of assets.
(2) The Republic of Serbia represents a unique economic area with a single commodity, labour, capital and services market.
(3) The impact of the market economy on social and economic status of the employed is to be adjusted through social dialogue between trade unions and employers.
Article 83 Freedom of entrepreneurship(1) Entrepreneurship is permitted.
(2) 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.
Article 84 Status on the market(1) Everyone has equal legal status on the market.
(2) Acts, which are contrary to the Law and restrict free competition by creating or abusing monopolistic or dominant status, are strictly prohibited.
(3) Rights gained through capital investments, in accordance with the Law, may not be curtailed by the Law.
(4) Foreign persons are to be treated equally on the market with domestic persons.
Article 85 Proprietary rights of foreigners (1) Foreign natural and legal entities may obtain real estate property, in accordance with the Law or international contract.
(2) Foreigners may obtain a concession right for natural resources and goods, as well as other rights stipulated by the Law.
Article 86 Equality of all types of assets(1) Private, cooperative and public assets are guaranteed. Public assets become state assets, assets of the autonomous province and assets of local self-government units. All types of assets have equal legal protection.
(2) The existing social assets become private assets under the terms, in a manner and within the deadlines stipulated by the Law.
(3) Resources from the public assets are appropriated in a manner and under the terms stipulated by the Law.
Article 87 State assets(1) 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 are state assets. State assets include other things and rights, according to the Law.
(2) 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.
(3) Natural resources have to be utilised under the terms and in a manner stipulated by the Law.
(4) Assets of autonomous provinces and local self-government units, method of its utilisation and management are stipulated by the Law.
Article 88 Land(1) Utilisation and management of agricultural land, forest land and municipal building land on private assets is permitted.
(2) 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.
Article 89 Protection of heritage(1) Everyone is obliged to protect natural rarities and scientific, cultural and historical heritage, as well as goods of public interest in accordance with the Law.
(2) The Republic of Serbia, autonomous provinces and local self-government units are particularly accountable for the protection of heritage.
Article 90 Protection of consumers(1) The Republic of Serbia has to protect consumers.
(2) Activities directed against health, security and privacy of consumers, as well as all other dishonest activities on the market, are strictly prohibited.
Article 91 Taxes and other revenues (1) Resources which are used for the purpose of funding competences of the Republic of Serbia, autonomous provinces and local self-government units are provided from taxes and other revenues, stipulated by the Law.
(2) Obligation of paying taxes and other dues is general and based on economic power of taxpayers.
Article 92 Budget(1) The Republic of Serbia, autonomous provinces and local self-government units have budgets, which must outline all receipts and expenses with which they are funding their competences.
(2) The Law stipulates the deadlines within which the Budget must be adopted, as well as method of temporary funding.
(3) Realisation of all budgets is audited by the State Audit Institution.
(4) The National Assembly has to discuss the financial statement proposal of the Budget upon the received evaluation of the State Audit Institution.
Article 93 Public debt(1) The Republic of Serbia, autonomous provinces and local self-government units may be indebted.
(2) Terms and procedure of getting into debts are stipulated by the Law.
Article 94 Balancing development The Republic of Serbia takes care of balanced and sustainable regional development, in accordance with the Law.
Article 95 National Bank of Serbia(1) The National Bank of Serbia is a central bank of the Republic of Serbia, independent and subject to supervision by the National Assembly to which it accounts for its work.
(2) The National Bank of Serbia is to be managed by the Governor elected by the National Assembly.
(3) A Law on the National Bank of Serbia has to be enacted.
Article 96 State Audit Institution(1) The State Audit Institution is 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.
(2) A Law on the State Audit Institution has to be enacted.
Article 97 Competencies of the Republic of SerbiaThe Republic of Serbia organises and provides 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 self-government;
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.
Article 98 Status of the National AssemblyThe National Assembly is the supreme representative body and holder of constitutional and legislative power in the Republic of Serbia.
Article 99 Competencies(1) The National Assembly is responsible to:
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.
(2) Within its election rights, the National Assembly is responsible to:
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.
(3) The National Assembly also performs other functions stipulated by the Constitution and Law.
Article 100 Constitution of the National Assembly(1) The National Assembly consists of 250 deputies, who are elected on direct elections by secret ballot, in accordance with the Law.
(2) In the National Assembly, equality and representation of different genders and members of national minorities are to be maintained, in accordance with Law.
Article 101 Election of deputies and constitution of the National Assembly(1) Elections for deputies are 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.
(2) The first session of the National Assembly is 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.
(3) At the first session, the National Assembly confirms deputies' terms of office.
(4) The National Assembly is constituted by confirmation of terms of office of the two thirds of deputies.
(5) 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.
(6) 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 ends.
Article 102 Status of Deputies(1) The term of office of the deputy begins on the day of confirmation of terms of office in the National Assembly and lasts four years, that is until the expiry of terms of office of deputies of that session of the National Assembly.
(2) Under the terms stipulated by the Law, a deputy is free to irrevocably put his or her term of office at disposal to the political party upon which proposal he or she has been elected a deputy.
(3) A 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.
(4) Election, expiry of the term of office and status of deputies are stipulated by the Law.
Article 103 Immunity [and indemnity] of deputies(1) Deputies enjoy immunity.
(2) Deputies may not accept criminal or other liability for the expressed opinion or cast vote in performing the deputy's function.
(3) A deputy who raises his or 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.
(4) A 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.
(5) No deadlines may be stipulated for the criminal or other proceedings in which the immunity is established.
(6) Failure to raise the immunity does not exclude the right of the National Assembly to establish the immunity.
Article 104 President and Vice Presidents of the National Assembly(1) By means of majority votes of all deputies, the National Assembly elects the President and one or more Vice Presidents of the National Assembly.
(2) The President of the National Assembly represents the National Assembly, convokes its sessions, presides over them and performs other activities stipulated by the Constitution, Law and Rules of Procedure of the National Assembly.
Article 105 Method of decision making in the National Assembly(1) The National Assembly adopts decisions by majority vote of deputies at the session at which majority of deputies are present.
(2) By means of majority vote of all deputies the National Assembly:
1. grants amnesty for criminal offences,
2. declares and calls off the state of emergency,
3. orders measures of departure from human and minority rights in the state of war and emergency,
4. enacts the Law by which the Republic of Serbia delegates particular issues falling within its competence to autonomous provinces and local self-government units,
5. gives previous approval for the Statute of the autonomous province,
6. decides on the Rules of Procedure pertaining to its work,
7. cancels immunities of deputies, the President of the Republic, members of the Government and Civic Defender,
8. adopts the Budget and financial statement,
9. elects members of the Government and decides on the end of the term of office of the Government and ministers,
10. decides on response to interpellation,
11. elects judges of the Constitutional Court and decides on their dismissal and end of their term of office,
12. elects the President of the Supreme Court of Cessation, presidents of courts, Republic Public Prosecutor and public prosecutors and decides on the end of their term of office,
13. elects judges and deputy public prosecutors, in accordance with the Constitution,
14. elects and dismiss the Governor of the National Bank of Serbia, Governors' Council and Civic Defender,
15. also performs other election competences of the National Assembly .
(3) By means of majority vote of all deputies, the National Assembly 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.
Article 106 Sessions(1) The National Assembly is convoked for two regular sessions per year.
(2) The first regular session starts on the first weekday of March, while the second regular session starts on the first weekday of October. Regular sessions may not last longer than 90 days.
(3) The National Assembly may 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.
(4) The National Assembly has to be convoked without announcement upon the declaration of the state of war or emergency.
Article 107 Right to propose laws(1) A right to propose laws, other regulations and general acts belongs to every deputy, the Government, assemblies of autonomous provinces or at least 30,000 voters.
(2) The Civic Defender and National Bank of Serbia have a right to propose laws falling within their competence.
Article 108 Referendum(1) Upon the request of the majority of all deputies or at least 100,000 voters, the National Assembly calls the referendum on issues falling within its competence, in accordance with the Constitution and Law.
(2) 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.
Article 109 Dissolution of the National Assembly(1) The President of the Republic may dissolve the National Assembly, upon the elaborated proposal of the Government.
(2) 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.
(3) The National Assembly has to be dissolved if it fails to elect the Government within 90 days from the day of its constitution.
(4) The National Assembly may not be dissolved during the state of war and emergency.
(5) The President of the Republic is obliged to dissolve the National Assembly upon his or her decree, in cases stipulated by the Constitution.
(6) Simultaneously with the dissolution of the National Assembly, the President of the Republic schedules elections for deputies, so that elections finish not later than 60 days from the day of their announcement.
(7) The National Assembly, which has been dissolved, only performs current or urgent tasks, stipulated by the Law. In case of declaration of the state of war or emergency, its full competence is reestablished and lasts until the end of the state of war, that is, emergency.
Article 110 Law on the National AssemblyA Law on the National Parliament has to be enacted.
Article 111 Status of the President of the RepublicThe President of the Republic shall express state unity of the Republic of Serbia.
Article 112 Competencies(1) The President of the Republic:
1. represents the Republic of Serbia in the country and abroad,
2. promulgates laws upon his decree, in accordance with the Constitution,
3. proposes to the National Assembly a candidate for the Prime Minister, after considering views of representatives of elected lists of candidates,
4. proposes to the National Assembly holders of positions, in accordance with the Constitution and Law,
5. appoints and dismisses, upon his or her decree, ambassadors of the Republic of Serbia, upon the proposal of the Government,
6. receives letters of credit and revocable letters of credit of foreign diplomatic representatives,
7. grants amnesties and awards honours,
8. administers other affairs stipulated by the Constitution.
(2) In accordance with the Law, the President of the Republic commands the Army and appoints, promotes and relieves officers of the Army of Serbia.
Article 113 Promulgation of laws(1) The President of the Republic is 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.
(2) 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 has to be adopted by the majority vote from the total number of deputies.
(3) The President of the Republic is obliged to promulgate the newly adopted Law.
(4) 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 is issued by the Chairman of the National Assembly.
Article 114 Election(1) The President of the Republic is elected on direct elections, by secret ballot, in accordance with the Law.
(2) Elections for the President of the Republic are 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.
(3) While assuming the office, the President of the Republic takes 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."
Article 115 Incompatibility of positionsThe President of the Republic may not perform another public function or professional duty.
Article 116 Term of office(1) The term of office of the President of the Republic lasts five years and begin from the day of taking of the oath before the National Assembly.
(2) If the term of office of the President of the Republic expires during the state of war or emergency, it is 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.
(3) No one can be elected to a position of the President of the Republic more than twice.
(4) The term of office of the President of the Republic ends with expiry of the period of time for which he or she has been elected, by his or her resignation or released of duty.
(5) The President of the Republic tenders his or her resignation to the Chairman of the National Assembly.
Article 117 Resignation(1) When the President of the Republic tenders his or her resignation, he or she then informs about this the general public and the Chairman of the National Assembly.
(2) The term of office of the President of the Republic ends on the day of his or her resignation.
Article 118 Dismissal(1) The President of the Republic is dismissed for the violation of the Constitution, upon the decision of the National Assembly, by the votes of at least two thirds of deputies.
(2) The procedure for the dismissal may be initiated by the National Assembly, upon the proposal of at least two thirds of deputies.
(3) The Constitutional Court has the obligation to decide on the violation of the Constitution, upon the initiated procedure for dismissal, not later than within 45 days.
Article 119 Immunity(1) The President of the Republic enjoys the immunity as a deputy.
(2) The National Assembly decides on the immunity of the President of the Republic.
Article 120 Replacement of the President of the Republic(1) When the President of the Republic is prevented from performing his or her duties or his or her term of office ends before the expiry of the period of time for which he or she has been elected, he or she is replaced by the Chairman of the National Assembly.
(2) The Chairman of the National Assembly may replace the President of the Republic for maximum three months.
(3) The Chairman of the National Assembly is 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 or her term of office for which he or she has been elected.
Article 121 Law on the President of the RepublicA Law on the President of the Republic has to be enacted.
Article 122 Status of the Government The Government holds the executive power in the Republic of Serbia.
Article 123 CompetenciesThe Government has to:
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.
Article 124 Responsibilities of the GovernmentThe Government is responsible 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.
Article 125 Prime Minister and members of the Government(1) The Government consists of the Prime Minister, one or more Vice Presidents and ministers.
(2) The Prime Minister manages and directs the work of the Government, takes care of coordinated political activities of the Government, coordinates the work of members of the Government and represents the Government.
(3) Ministers are responsible for their work and situation within the competencies of their ministries to the Prime Minister, Government and National Assembly.
Article 126 Incompatibility of functions(1) A 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 self-government unit.
(2) Other functions, actions or private interests which are incompatible with the position of a member of the Government are stipulated by the Law.
Article 127 Election of the Government(1) A candidate for the Prime Minister has to 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.
(2) The candidate for the Prime Minister presents to the National Assembly the Government's Programme and proposes its constitution.
(3) The National Assembly simultaneously votes on the Government's Programme and on the election of the Prime Minister and members of the Government.
(4) The Government is elected if the majority of the total number of deputies votes for its election.
Article 128 Commencement and termination of term of office of the Government and members of the Government(1) The term of office of the Government lasts until the expiry of the term of office of the National Assembly which elected it.
(2) The term of office of the Government commences on the day of taking an oath before the National Assembly.
(3) The term of office of the Government terminates 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.
(4) The Government whose term of office has expired may only perform affairs stipulated by the Law, until the election of the new Government.
(5) The Government whose term of office has expired may not propose the dissolution of the National Assembly.
(6) The term of office of the member of the Government expires before the expiry of the period of time for which he or she has been elected, by accepting his or 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.
Article 129 Interpellation (1) At least 50 deputies may propose interpellation in relation to the work of the Government or particular member of the Government.
(2) The Government has the obligation to respond to interpellation within 30 days.
(3) The National Assembly discusses and votes on the response to the interpellation submitted by the Government or member of the Government to whom the interpellation is directed.
(4) After voting for the endorsement of the response, the National Assembly continues to work according to the adopted agenda.
(5) If the National Assembly fails to endorse the response of the Government or the member of the Government by voting, it has to 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 resigns beforehand, after the rejection of the response to the interpellation.
(6) The issue which was a subject of interpellation may not be discussed again before the expiry of the 90-day deadline.
Article 130 Vote of no confidence in the Government or the member of the Government(1) A vote of no confidence in the Government or the particular member of the Government may be requested by at least 60 deputies.
(2) The proposal for the vote of no confidence in the Government or the particular member of the Government has to be discussed by the National Assembly at the next session, not later than five days after the submission of the proposal. After the discussion is concluded, they vote on the proposal.
(3) The proposal for the vote of no confidence in the Government or the member of the Government is accepted by the National Assembly if more than a half of the total number of deputies votes for it.
(4) If the National Assembly passes a vote of no confidence in the Government, the President of the Republic is 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 is obliged to dissolve the National Assembly and schedule elections.
(5) If the National Assembly passes a vote of no confidence in the member of the Government, the President of the Republic is obliged to initiate proceedings for election of a new member of the Government, in accordance with the Law.
(6) 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.
Article 131 Vote of confidence in the Government (1) The Government may require a vote of its confidence.
(2) 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 has to be discussed on the next session, not later than five days from its submission. After the discussion is concluded, they vote on the proposal.
(3) The proposal for the vote of confidence in the Government or the member of the Government is accepted by the National Assembly if more than a half of the total number of deputies votes for it.
(4) 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 is 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 is obliged to dissolve the National Assembly and schedule elections.
Article 132 Resignation of the Prime Minister(1) The Prime Minister may tender his or her resignation to the National Assembly.
(2) The Prime Minister tenders his or her resignation to the Chairman of the National Assembly and, at the same time, informs the President of the Republic and general public.
(3) At the next session, the National Assembly confirms the resignation of the Prime Minister.
(4) The term of office of the Government terminates on the day of confirmation of the resignation of the Prime Minister.
(5) After the National Assembly confirms the resignation of the Prime Minister, the President of the Republic is 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 is obliged to dissolve the National Assembly and schedule elections.
Article 133 Resignation and dismissal of the member of the Government(1) The member of the Government may tender his or her resignation to the Prime Minister.
(2) The Prime Minister submits the resignation of the member of the Government to the Chairman of the National Assembly and the National Assembly confirms the resignation at the next session.
(3) The Prime Minister may propose to the National Assembly a dismissal of particular member of the Government.
(4) The National Assembly discusses and votes on the proposal for dismissal of the member of the Government at the next session.
(5) The decision on dismissal of the Member of the Government is adopted if the majority of the total number of deputies votes for it.
(6) The term of office of the member of the Government who has tendered his or her resignation terminates on the day of confirmation of resignation, and for the member of the Government who has been dismissed, the term of office terminates on the day of adoption of the decision on dismissal.
(7) The status and responsibilities of the member of the Government who has tendered his or her resignation or for whom the proposal for dismissal has been submitted are stipulated by the Law, until the termination of the term of office.
(8) The Prime Minister is 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.
Article 134 Immunity [and indemnity] of the President and member of the Government(1) The Prime Minister and the member of the Government may 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.
(2) The Prime Minister and the member of the Government enjoy immunity as a deputy. The Government decides on the immunity of the Prime Minister and the member of the Government.
Article 135 The Law on the GovernmentA Law on the Government has to be enacted.
Article 136 Status of the Public Administration (1) The Public Administration is independent, bound by the Constitution and Law and it accounts for its work to the Government.
(2) Public Administration affairs are to be performed by ministries and other public administration bodies, stipulated by the Law.
(3) Public Administration affairs and the number of ministries are stipulated by the Law.
(4) Internal organisation of ministries and other public administration bodies and organisations are regulated by the Government.
Article 137 Delegation of public powers and public services(1) 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.
(2) According to the Law, particular public powers may be delegated to enterprises, institutions, organisations and individuals.
(3) 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.
(4) The Republic of Serbia, autonomous provinces and local self-government units may establish public services.
(5) Affairs or duties for which public services are established, their organisation and work are to be stipulated by the Law.
Article 138 Civic Defender(1) The Civic Defender is an independent state body who protects citizens' rights and monitors 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.
(2) The Civic Defender is not authorised to monitor the work of the National Assembly, President of the Republic, Government, Constitutional Court, courts and Public Prosecutor's Offices.
(3) The Civic Defender is elected and dismissed by the National Assembly, in accordance with the Constitution and Law.
(4) The Civic Defender is responsible for his or her work to the National Assembly.
(5) The Civic Defender enjoys immunity as a deputy. The National Assembly decides on the immunity of the Civic Defender.
(6) A Law on the Civic Defender has to be enacted.
Article 139 CompetenciesThe Army of Serbia defends the country from external armed threat and performs other missions and tasks, in accordance with the Constitution, Law and principles of international law, which regulate the use of force.
Article 140 Use of the Army outside the bordersThe 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.
Article 141 Control over the Army of Serbia(1) The Army of Serbia is subject to democratic and civil control.
(2) A Law on the Army of Serbia has to be enacted.
Article 142 Judiciary principles(1) Judicial power is unitary on the territory of the Republic of Serbia.
(2) Courts have to be separated and independent in their work and they must 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.
(3) The hearing before the court is public and may be restricted only in accordance with the Constitution.
(4) Judges and jurors participate in a trial in the manner stipulated by the Law.
(5) The Law may also regulate that only judges may participate in a trial in particular courts and in particular cases.
(6) The court decides on matters within the Council, while the Law may stipulate that a single judge may decide on particular matters.
Article 143 Types of courts(1) Judicial power in the Republic of Serbia belongs to courts of general and special jurisdiction.
(2) Establishing, organisation, jurisdiction, system and structure of courts are regulated by the Law.
(3) Provisional courts, courts-martial or special courts may not be established.
(4) The Supreme Court of Cassation is the Supreme Court in the Republic of Serbia.
(5) The seat of the Supreme Court of Cassation is in Belgrade.
Article 144 President of the Supreme Court of Cassation(1) The President of the Supreme Court of Cassation is 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.
(2) The President of the Supreme Court of Cassation is elected for the period of five years and may not be reelected.
(3) The term of office of the President of the Supreme Court of Cassation terminates before the expiry of the time for which he or she has been elected upon his or 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.
(4) Decision on the end of term of office of the President of the Supreme Court of Cassation are adopted by the National Assembly, in accordance with the Law, while the decision on dismissal is to be adopted upon the proposal of the High Judicial Council.
Article 145 Court decisions(1) Court decisions are passed in the name of people.
(2) Court decisions are based on the Constitution and Law, the ratified international treaty and regulation passed on the grounds of the Law.
(3) Court decisions are binding for all and may not be a subject of extrajudicial control.
(4) A court decision may only be reconsidered by an authorised court in a legal proceedings prescribed by the Law.
(5) A passed sentence may be fully or partially forgiven without a court decision, by general pardon or amnesty.
Article 146 Permanent tenure of office(1) A judge has a permanent tenure.
(2) Exceptionally, a person who is elected a judge for the first time is elected for the period of three years.
Article 147 Election of judges(1) On proposal of the High Judicial Council, the National Assembly elects as a judge the person who is elected to the post of judge for the first time.
(2) The tenure of office of a judge who was elected to the post of judge is three years.
(3) In accordance with the Law, the High Judicial Council elects judges to the posts of permanent judges, in that or other court.
(4) In addition, the High Judicial Council decides on election of judges who hold the post of permanent judges to other or higher court.
Article 148 Termination of a judge's tenure of office (1) A judge's tenure of office terminates at his or 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 or she is not elected to the position of a permanent judge.
(2) The High Judicial Council passes a decision on termination of a judge's tenure of office. A judge has the right to appeal with the Constitutional Court against this decision.
(3) The lodged appeal does not include the right to lodge a Constitutional appeal.
(4) 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, are to be stipulated by the Law.
Article 149 Independence of judge(1) In performing his or her judicial function, a judge is independent and responsible only to the Constitution and the Law.
(2) Any influence on a judge while performing his or her judicial function is prohibited.
Article 150 Non-transferability of judge(1) A judge has the right to perform his or her judicial function in the court to which he or she was elected, and may be relocated or transferred to another court only with his or her own consent.
(2) In case of revocation of the court or the substantial part of the jurisdiction of the court to which he or she was elected, a judge may exceptionally, without his or her consent, be permanently relocated or transferred to another court, in accordance with the Law.
Article 151 Immunity [and indemnity](1) A judge may not be held responsible for his or her expressed opinion or voting in the process of passing a court decision, except in cases when he or she committed a criminal offence by violating the Law.
(2) 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.
Article 152 Incompatibility of judiciary function(1) A judge is prohibited to engage in political actions.
(2) Other functions, actions or private interests which are incompatible with the judiciary function are to be stipulated by the Law.
Article 153 Status, constitution and election(1) The High Judicial Council is an independent and autonomous body which provides for and guarantees the independence and autonomy of courts and judges.
(2) The High Judicial Council has eleven members.
(3) The High Judicial Council is 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 members elected by the National Assembly, in accordance with the Law.
(4) Elected members 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.
(5) Presidents of Court may not be elected members of the High Judicial Council.
(6) The tenure of office of the High Judicial Council's members is five years, except for the members appointed ex officio.
(7) A member of the High Judicial Council enjoys immunity as a judge.
Article 154 Jurisdiction of the High Judicial CouncilThe High Judicial Council appoints and relieves judges, in accordance with the Constitution and the Law, proposes to the National Assembly the election of judges in the first election to the post of judge, proposes 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, participates 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 performs other duties specified by the Law.
Article 155 Legal remedyAn appeal may be lodged with the Constitutional Court against a decision of the High Judicial Council, in cases stipulated by the Law.
Article 156 Status and jurisdiction(1) The Public Prosecutor's Office is an independent state body which prosecutes the perpetrators of criminal offences and other punishable actions, and takes measures in order to protect constitutionality and legality.
(2) The Public Prosecutor's Office performs its function on the grounds of the Constitution, Law, ratified international treaty and regulation passed on the grounds of the Law.
Article 157 Establishment and organisation(1) Establishment, organisation and jurisdiction of Public Prosecutor's Office are to be specified by the Law.
(2) The Republic Public Prosecutor's Office is the supreme Public Prosecutor's Office in the Republic of Serbia.
Article 158 The Republic Public Prosecutor(1) The Republic Public Prosecutor performs the function of the Public Prosecutor's Office within the rights and duties of the Republic of Serbia.
(2) The Republic Public Prosecutor is elected by the National Assembly, on the Government proposal and upon obtaining the opinion of the authorised committee of the National Assembly.
(3) The Republic Public Prosecutor is elected for the period of six years and may be re-elected.
(4) The tenure of office of the Republic Public Prosecutor terminates if he or she is not reelected, at his or her own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the Law.
(5) The decision on termination of tenure of office of the Republic Public Prosecutor is 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.
Article 159 Public Prosecutors and Deputy Public Prosecutors(1) A Public Prosecutor performs the function of the Public Prosecutor's Office.
(2) A Public Prosecutor is elected by the National Assembly, on the Government proposal.
(3) The tenure of office of the Public Prosecutor is six years and he or she may be reelected.
(4) A Deputy Public Prosecutor stands in for the Public Prosecutor in performing the function of the Public Prosecutor's Office and is obliged to act according to his or her instructions.
(5) On proposal of the State Prosecutors Council, the National Assembly elects as a Deputy Public Prosecutor the person who is elected to this function for the first time.
(6) The tenure of office of a Deputy Public Prosecutor elected to that function for the first time is three years.
(7) In accordance with the Law, the State Prosecutors Council elects Deputy Public Prosecutors to permanently perform that function, in that or other Public Prosecutor's Office.
(8) In addition, the State Prosecutors Council decides on the election of Deputy Public Prosecutors who permanently perform that function in another or superior Public Prosecutor's Office.
Article 160 Responsibility(1) The Republic Public Prosecutor is responsible for the work of the Public Prosecutor's Office and his or her own work to the National Assembly.
(2) Public Prosecutors are responsible 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 are responsible for their work to their immediately superior Public Prosecutor as well.
(3) Deputy Public Prosecutors are held responsible for their work to the Public Prosecutor.
Article 161 Termination of Public Prosecutor and Deputy Public Prosecutor's tenure of office(1) 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 terminates if he or she is not reelected, and Deputy Public Prosecutor's tenure off office terminates if he or she is not permanently elected to that function.
(2) A decision on termination of a Public Prosecutor's tenure of office is adopted by the National Assembly, in accordance with the Law, and it passes a decision on relief of duty on the Government proposal.
(3) A decision on termination of a Deputy Public Prosecutor's tenure of office is passed by the State Prosecutors Council.
(4) 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 does not include the right to lodge a Constitutional appeal.
(5) The proceedings, grounds and reasons for termination of a Public Prosecutor and Deputy Public Prosecutor's tenure of office are to be regulated by the Law.
Article 162 Immunity [and indemnity](1) 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.
(2) 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.
Article 163 Incompatibility of prosecutor's function(1) Public Prosecutors and Deputy Public Prosecutors are prohibited to engage in political actions.
(2) Other functions, activities or private interests which are incompatible with the prosecutor's function are to be stipulated by the Law.
Article 164 Status, constitution and election of the State Prosecutors Council (1) The State Prosecutors Council is an autonomous body which provides for and guarantees the autonomy of Public Prosecutors and Deputy Public Prosecutors, in accordance with the Law.
(2) The State Prosecutors Council has 11 members.
(3) The State Prosecutors Council is 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 members elected by the National Assembly, in accordance with the Law.
(4) Elected members 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.
(5) Tenure of office of the State Prosecutors Council's members is five years, except for the members appointed ex officio.
(6) A member of the State Prosecutors Council enjoys immunity as a Public Prosecutor.
Article 165 Jurisdiction of the State Prosecutors CouncilThe State Prosecutors Council proposes to the National Assembly the candidates for the first election of a Deputy Public Prosecutor, elects Deputy Public Prosecutors to permanently perform that function, elects Deputy Public Prosecutors holding permanent posts as Deputy Public Prosecutors in other Public Prosecutor's Office, decides in the proceedings of termination of Deputy Public Prosecutors' tenure of office in the manner stipulated by the Constitution and the Law, and performs other duties specified in the Law.
Article 166 Status(1) The Constitutional Court is an autonomous and independent state body which protects constitutionality and legality, as well as human and minority rights and freedoms.
(2) The Constitutional Court decisions are final, enforceable and generally binding.
Article 167 Jurisdiction(1) The Constitutional Court decides 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.
(2) The Constitutional Court:
1. decides on the conflict of jurisdictions between courts and state bodies,
2. decides on the conflict of jurisdictions between republic and provincial bodies or bodies of local self-government units,
3. decides on the conflict of jurisdictions between provincial bodies and bodies of local self-government units,
4. decides on electoral disputes for which the court jurisdiction has not been specified by the Law,
5. performs other duties stipulated by the Constitution and the Law.
(3) The Constitutional Court decides on the banning of a political party, trade union organisation or civic association.
(4) The Constitutional Court performs other duties stipulated by the Constitution.
Article 168 Assessment of constitutionality and legality(1) 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.
(2) The procedure may also be instituted by the Constitutional Court.
(3) Any legal or natural person has the right to an initiative to institute a proceedings of assessing the constitutionality and legality.
(4) The Law or other general acts which is not in compliance with the Constitution or the Law ceases to be effective on the day of publication of the Constitutional Court decision in the official journal.
(5) 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.
(6) 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.
Article 169 Assessment of constitutionality of the law prior to its coming into force(1) At the request of at least one third of deputies, the Constitutional Court is obliged within seven days to assess constitutionality of the law which has been passed, but has still not been promulgated by a decree.
(2) If a law is promulgated prior to adopting the decision on constitutionality, the Constitutional Court proceeds with the proceedings as requested, according to the regular proceedings of assessing the constitutionality of a law.
(3) If the Constitutional Court passes a decision on non-constitutionality of a law prior to its promulgation, that decision comes into force on the day of promulgation of the law.
(4) 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.
Article 170 Constitutional appealA 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.
Article 171 Ensuring the enforcement of decisions(1) Everyone is obliged to observe and enforce the Constitutional Court's decision.
(2) The Constitutional Court regulates in its decision the manner of its enforcement, whenever deemed necessary.
(3) Enforcement of the Constitutional Court's decisions are to be regulated by the Law.
Article 172 Organisation of the Constitutional Court. Election and appointment of the Constitutional Court justices(1) The Constitutional Court has 15 justices who are elected and appointed for the period of nine years.
(2) Five justices of the Constitutional Court are 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.
(3) The National Assembly appoints five justices of the Constitutional Court form among ten candidates proposed by the President of the Republic, the President of the Republic appoints 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 appoints five justices from among ten candidates proposed at a general session by the High Judicial Court and the State Prosecutor Council.
(4) On each of the proposed lists of candidates, one of the appointed candidates must come from the territory of autonomous provinces.
(5) A justice of the Constitutional Court is to be elected and appointed from among the prominent lawyers who have at least 40 years of experience in practicing the law.
(6) One person may be elected or appointed a justice of the Constitutional Court on two occasions at the most.
(7) Justices of the Constitutional Court elect the president from among their representatives for the period of three years, in a secret ballot.
Article 173 Conflict of interest. Immunity(1) 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.
(2) A justice of the Constitutional Court enjoys immunity as a deputy. The Constitutional Court decides on its immunity.
Article 174 Termination of the tenure of office of the Constitutional Court justice(1) The tenure of office of the Constitutional Court justice terminates upon expiry of the period for which he or she had been elected or appointed, at his or her own request, after meeting the requirements regulated by the Law for obtaining the old age pension or by relief of duty.
(2) A justice of the Constitutional Court is relieved of duty if he or 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 or her ineligible for the post of the Constitutional Court justice.
(3) The National Assembly decides 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.
Article 175 The manner of deciding in the Constitutional Court. The Law on the Constitutional Court (1) The Constitutional Court adjudicates by the majority of votes cast by all justices of the Constitutional Court.
(2) A decision to autonomously institute the proceedings of assessing the constitutionality or legality is passed by the Constitutional Court by two thirds of the majority votes cast by all justices.
(3) The organisation of the Constitutional Court and the proceedings before the Constitutional Court, as well as the legal effect of its decisions are to be regulated by the Law.
Article 176 Concept(1) Citizens have the right to the provincial autonomy and local self-government, which they exercise directly or through their freely elected representatives.
(2) Autonomous provinces and local self-government units have the status of legal entities.
Article 177 Definition the competences(1) Local self-government units are 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 are not the competence of the Republic of Serbia.
(2) What matters belong to the republic, provincial or local interest has to be specified by the Law.
Article 178 Delegation of competences(1) The Republic of Serbia may, in accordance with the law, delegate particular matters within its competence to autonomous provinces and local self-government units.
(2) According to its decision, an autonomous province may delegate particular matters within its competence to local self-government units.
(3) Resources to execute the delegated competencies are to be provided for by the Republic of Serbia or an autonomous province, depending on who the competencies were delegated by.
(4) The rights 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 are to be regulated by the Law.
Article 179 The right to autonomous organisation of bodiesAutonomous provinces, in accordance with the Constitution and the Statute, and local self-government units, in accordance with the Constitution and the Law, autonomously regulate the organisation and competences of its bodies and public services.
Article 180 The Assembly of an autonomous province and local self-government unit(1) The Assembly is the supreme body of the autonomous province and a local self-government unit.
(2) The Assembly is constituted of deputies, and the assembly of a local self-government unit of councilors.
(3) Deputies and councilors are 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.
(4) In those autonomous provinces and local self-government units with the population of mixed nationalities, a proportional representation of national minorities in assemblies has to be provided for, in accordance with the Law.
Article 181 Cooperation of autonomous provinces and local self-government unitsAutonomous provinces and local self-government units 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.
Article 182 Concept, establishment and territory of autonomous province (1) Autonomous provinces are autonomous territorial communities established by the Constitution, in which citizens exercise the right to the provincial autonomy.
(2) 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 is to be regulated by the special law which shall be adopted in accordance with the proceedings envisaged for amending the Constitution.
(3) 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 is to be established by citizens in a referendum, in accordance with the Law.
(4) The territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered is to be regulated by the Law. The territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the Law.
Article 183 Competences of autonomous provinces(1) Autonomous provinces, in accordance with the Constitution and their Statutes, regulate the competencies, election, organisation and work of bodies and services they establish.
(2) Autonomous provinces, 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.
(3) Autonomous provinces safeguard the exercise of human and minority rights, in accordance with the Law.
(4) Autonomous provinces establish their symbols, as well as the manner in which they are put to use.
(5) Autonomous provinces manage the provincial assets in the manner stipulated by the Law.
(6) Autonomous provinces, 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.
Article 184 Financial autonomy of autonomous provinces (1) An autonomous province has direct revenues for financing its competences.
(2) Kind and amount of direct revenues are stipulated by the Law.
(3) The Law is ot specify the share of autonomous provinces in the part of revenue of the Republic of Serbia.
(4) The budget of the Autonomous Province of Vojvodina amounts to at least 7% in relation to the budget of the Republic of Serbia, bearing in mind that three- sevenths of the budget of the Autonomous Province of Vojvodina are to be used for financing the capital expenditures.
Article 185 Legal acts of autonomous province(1) The Statute is the supreme legal act of the autonomous province.
(2) The Statute of the Autonomous Province of Vojvodina has to be adopted by its Assembly, subject to prior approval of the National Assembly.
(3) The autonomous province enacts other decisions and general acts pertaining to matters within its competences.
Article 186 Monitoring the work of bodies of autonomous provinceThe 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.
Article 187 Protection of the provincial autonomy(1) A body designated by the Statute of the autonomous province has 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.
(2) 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.
Article 188 General provisions(1) Local self-government units are municipalities, towns and the City of Belgrade.
(2) The territory and seat of a local self-government unit is to be specified by the Law.
(3) Establishment, revocation or alteration of the territory of a local self-government unit has to be preceded by a referendum on the territory of that local self-government unit.
(4) Affairs of a local self-government unit are to 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.
Article 189 Status of local self-government units(1) Municipalities are established and revoked by the Law.
(2) A town is established by the Law, in accordance with the criteria stipulated by the Law regulating local self-government.
(3) A town has competencies delegated to the municipality by the Constitution, whereas other competences may be delegated to it by the Law.
(4) 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 regulates the affairs falling within the town competence performed by town municipalities.
(5) The status of the City of Belgrade, the capital of the Republic of Serbia, is regulated by the Law on the Capital and the Statute of the City of Belgrade. The City of Belgrade has competencies delegated to the municipality and city by the Constitution and the Law, and other competencies may be delegated to it in accordance with the Law on the Capital.
Article 190 Competence of municipality(1) The municipality, through its bodies and in accordance with the Law:
1. regulates and provides for the performing and development of municipal activities;
2. regulates and provides for the use of urban construction sites and business premises;
3. is responsible for construction, reconstruction, maintenance and use of local network of roads and streets and other public facilities of municipal interest; regulates and provides for the local transport;
4. is 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. is responsible for development and improvement of tourism, craftsmanship, catering and commerce;
6. is responsible for environmental protection, protection against natural and other disasters; protection of cultural heritage of the municipal interest;
7. is responsible for the protection, improvement and use of agricultural land;
8. performs other duties specified by the Law.
(2) The municipality, autonomously and in accordance with the Law, adopts its budget and annual balance sheet, the urban development plan and municipal development programme, establishes the symbols of the municipality, as well as their use.
(3) The municipality safeguards the exercise, protection and improvement of human and minority rights, as well as the public information within the municipality.
(4) The municipality autonomously manages the municipal assets, in accordance with the Law.
(5) The municipality, in accordance with the Law, prescribes offences related to violation of municipal regulations.
Article 191 Municipal legal acts and bodies(1) The Statute is the supreme legal act of the municipality. The Statute is to be adopted by the Municipal Assembly.
(2) The Municipal Assembly passes general acts within its competencies, adopts the budget and annual balance sheet, adopts the development plan and the municipal spatial plan, schedules the municipal referendum and performs other duties specified by the Law and the Statute.
(3) Municipal bodies are the Municipal Assembly and other bodies designated by the Statute, in accordance with the Law.
(4) The Municipal Assembly decides on the election of municipal executive bodies, in accordance with the Law and the Statute.
(5) Election of executive bodies of the town and the City of Belgrade is to be regulated by the Law.
Article 192 Monitoring the work of municipality(1) The Government is 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.
(2) The Government may, under the terms specified by the Law, dismiss the Municipal Assembly.
(3) Simultaneously with the dismissal of the Municipal Assembly, the Government appoints a temporary body which performs duties within the competences of the Assembly, taking into consideration the political and national composition of the dismissed Municipal Assembly.
Article 193 Protection of local self-government(1) The body designated by the Statute of the municipality has 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.
(2) 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 self-government.
Article 194 Hierarchy of domestic and international general legal acts (1) The legal system of the Republic of Serbia is unitary.
(2) The Constitution is the supreme legal act of the Republic of Serbia.
(3) All laws and other general acts enacted in the Republic of Serbia must be in compliance with the Constitution.
(4) Ratified international treaties and generally accepted rules of ithe international law are part of the legal system of the Republic of Serbia. Ratified international treaties may not be in noncompliance with the Constitution.
(5) 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.
Article 195 Hierarchy of domestic general legal acts(1) 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.
(2) Statutes, decisions and other general acts of autonomous provinces and local self-government units must be in compliance with the Law.
(3) All general acts of autonomous provinces and local self-government units must be in compliance with their statutes.
Article 196 Publication of laws and other general acts(1) Laws and all other general acts are to be published prior to coming into force.
(2) The Constitution, laws and by-laws of the Republic of Serbia are to be published in the republic official journal, and statutes, decisions and other general acts of autonomous provinces are to be published in provincial official journals.
(3) Statutes and general acts of local self-government units are to be published in local official journals.
(4) Laws and other general acts 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.
Article 197 Prohibition of retroactive effect of laws and other general acts(1) Laws and other general acts may not have a retroactive effect.
(2) 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.
(3) A provision of the Penal Code may have a retroactive effect only if it is more favourable for the perpetrator.
Article 198 Legality of administration(1) 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.
(2) The legality of final individual acts deciding on a right, duty or legally grounded interest is subject to reassessing before the court in an administrative proceedings, if other form of court protection has not been stipulated by the Law.
Article 199 Language of proceedings(1) Everyone has the right to use his or her language in the proceedings before the court, other state body or organisation performing public powers, when his or her right or duty is decided on.
(2) Unfamiliarity with the language of the proceedings may not be an impediment for the exercise and protection of human and minority rights.
Article 200 State of emergency(1) When the survival of the state or its citizens is threatened by a public danger, the National Assembly proclaims the state of emergency.
(2) The decision on the state of emergency is 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.
(3) During the state of emergency, the National Assembly convenes without any special call for assembly and it may not be dismissed.
(4) When proclaiming the state of emergency, the National Assembly may prescribe the measures which provide for derogation from human and minority rights guaranteed by the Constitution.
(5) When the National Assembly is not in a position to convene, the decision proclaiming the state of emergency is 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.
(6) 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.
(7) Measures providing for derogation from human and minority rights prescribed by the National Assembly or Government are effective 90 days at the most, and upon expiry of that period may be extended under the same terms.
(8) When the decision on the state of emergency has not been passed by the National Assembly, the National Assembly verifies 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 ceases to be effective upon the end of the first session of the National Assembly held after the proclamation of the state of emergency.
(9) In cases when the measures providing for derogation from human and minority rights have not been prescribed by the National Assembly, the Government is 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 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.
Article 201 The state of war(1) The National Assembly proclaims the state of war.
(2) When the National Assembly is not in a position to convene, the decision on proclamation of the state of war is passed by the President of the Republic together with the President of the National Assembly and the Prime Minister.
(3) When proclaiming the state of war, the National Assembly may prescribe the measures which provide for derogation from human and minority rights guaranteed by the Constitution.
(4) 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 are decided on by the President of the Republic together with the President of the National Assembly and the Prime Minister.
(5) All measures prescribed in the period of the state of war are to be verified by the National Assembly when in a position to convene.
Article 202 Derogation form human and minority rights in the state of emergency and war (1) Upon proclamation of the state of emergency or war, derogations from human and minority rights guaranteed by the Constitution are permitted only to the extent deemed necessary.
(2) Measures providing for derogation may not bring about differences based on race, sex, language, religion, national affiliation or social origin.
(3) Measures providing for derogation from human and minority rights cease to be effective upon ending of the state of emergency or war.
(4) Measures providing for derogation may 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.
Article 203 Proposal to amend the Constitution and adoption of the amendment to the Constitution (1) 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.
(2) The National Assembly decides on amending the Constitution.
(3) A proposal to amend the Constitution is adopted by a two-third majority of the total number of deputies.
(4) 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 may not be considered in the following twelve months.
(5) In case the National Assembly adopts the proposal for amending the Constitution, an act on amending the Constitution is to be drafted, that is, considered.
(6) The National Assembly adopts 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.
(7) The National Assembly is obliged to put forward the act on amending the Constitution in a public 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.
(8) When the act on amending the Constitution is put forward for endorsement, the citizens 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 is adopted if the majority of voters who participated in the referendum voted in favour of the amendment.
(9) The act on amending the Constitution endorsed in the republic referendum comes into force once promulgated by the National Assembly.
(10) If the National Assembly does not decide to put forward the act on amending the Constitution for endorsement, the amendment of the Constitution is adopted by voting in the National Assembly, and the act on amending the Constitution comes into force once promulgated by the National Assembly.
Article 204 Prohibition to amend the ConstitutionThe Constitution may not be amended in the time of the state of war or emergency.
Article 205 Constitutional law(1) A constitutional law is to be enacted for the enforcement of the amendments to the Constitution.
(2) A constitutional law is to be adopted by a two-third majority of the total number of deputies.
Article 206 [Final Provision]This Constitution comes into force on the day of its promulgation in the National Assembly.
For methodology see:
Comparing Constitutions and International Constitutional Law.
©
1994 - 27.6.2020
/ For corrections please contact
A. Tschentscher.