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Constitution of Serbia

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The current Constitution of the Republic of Serbia (Serbian: Устав Републике Србије, romanized: Ustav Republike Srbije), also known as Mitrovdan Constitution (Serbian: Митровдански устав, romanized: Mitrovdanski ustav) is the supreme and basic law of Serbia. It was adopted in 2006, replacing the previous constitution dating from 1990.[1]

Constitution of the Republic of Serbia
Greater coat of arms of Serbia
Overview
Original titleУстав Републике Србије
JurisdictionSerbia
Date effective8 November 2006
SystemUnitary, parliamentary, constitutional republic
Government structure
Branches3
Head of statePresident of the Republic
ChambersUnicameral
(National Assembly)
ExecutiveDual
(President of the Republic)
(Government)
JudiciarySupreme Court
Last amended9 February 2022
SupersedesConstitution of 1990

History

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The adoption of current constitution became necessary in 2006 when Serbia restored its independence following Montenegro's secession and the subsequent dissolution of Serbia and Montenegro. The proposed text of the constitution was adopted by the National Assembly on 30 September 2006 and put on constitutional referendum which was held on 28–29 October 2006. After 53% of the electorate voted in favor of the proposed constitution, it was officially adopted on 8 November 2006.

A constitutional referendum was held again on 16 January 2022, in which voters decided on changing the constitution in the provisions related to the judiciary. To bring the judiciary into line with European Union legislation, the Government of Serbia had previously proposed changing the way judges and public prosecutors are elected. After the adoption of constitutional changes, the National Assembly would have less influence on the election of certain judicial factors, such as the president of the Supreme Court, court presidents, public prosecutors, judges, and deputy public prosecutors. The National Assembly would then only elect four members of the High Judicial Council, High Prosecutorial Council, and the Supreme Public Prosecutor.[2] The High Judicial Council would instead get a more important role by electing all judges, while the High Prosecutorial Council would elect prosecutors.[2] The Supreme Court of Cassation's name would also be changed to the Supreme Court and its work would be more regulated.[3] Government officials stated their support for such changes, while the opposition remained divided; most stated their objection to the referendum while some even called for a boycott or for the referendum to be postponed. The "yes" option prevailed over the "no" option in the referendum, although turnout was reported to be the lowest since 1990, at only 30% of voters in total. Constitutional changes were adopted by the National Assembly on 9 February.

Constitutional history

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The constitutional history of Serbia goes back to 1219, when first proto-constitution, Saint Sava's Nomocanon, was written. Serbia has had 13 constitutions throughout its history:[4]


  •  
    First page of the Constitution of 1835
  •  
    First page of the Constitution of 1838
  •  
    Front page of the Constitution of 1869
  •  
    Front page of the Constitution of 1888
  •  
    Front page of the Constitution of 1901

Content

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The Constitution contains a preamble, 11 chapters, and 206 articles.

Preamble

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The constitution of contains a 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"

Chapters

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The constitution is divided into 10 chapters:

  1. Constitution Principles
  2. Human and Minority Rights and Freedoms
  3. Economic System and Public Finances
  4. Competencies of the Republic of Serbia
  5. Organisation of Government
  6. The Constitutional Court
  7. Territorial Organization
  8. Constitutionality and Legality
  9. Amending the Constitution
  10. Final Provision

New provisions

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Among the differences between the current and previous constitution are:[6]

  • Serbia was for the first time acknowledged as the nation state of the Serbian people.
  • Serbian language and the Serbian Cyrillic alphabet were assigned as the official language and alphabet in use, respectively.
  • State and civil national flags were established.
  • Greater and lesser coats of arms were established.
  • National anthem, Bože pravde, was adopted.
  • High Magistrate Council and High Prosecutorial Council were established, as part of a process of judicial independence.
  • Ombudsman was established.
  • State Audit Institution was established.
  • National Bank of Serbia was granted full independence.
  • Private, corporate and public property were acknowledged; "social assets" ceased to exist.
  • Foreign citizens were permitted to own property.
  • Province of Vojvodina was granted limited financial autonomy, as part of a process of decentralization.
  • Local municipalities were granted ownership rights, as part of a process of decentralization.
  • Capital punishment was explicitly forbidden.
  • Human cloning was explicitly forbidden.
  • Special protection for the rights of consumers, mothers, children and minorities, with any new rights achieved since the adoption of the Constitution being entrenched so as that "the attained level of human and minority rights may not be lowered".
  • Marriage was defined as the "union between a man and a woman".
  • Slavery, indentured servitude and forced labour were explicitly forbidden, with an exception for voluntary, compensated penal work, conscript service and during a period of war.

Constitutional status of Kosovo

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The current constitution defines the Autonomous Province of Kosovo and Metohija as an integral part of Serbia, but with "substantial autonomy". Under the opinion of the Venice Commission in respect to substantial autonomy of Kosovo, this fundamental autonomy is not at all guaranteed at the constitutional level, as the constitution delegates almost every important aspect of this autonomy to the legislature.[7]

See also

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References

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  1. ^ "Rare unity over Serb constitution". BBC News. 30 October 2006.
  2. ^ a b Nikolin, Gorica (12 January 2022). "Vodič za početnike: Šta se tačno menja referendumom, zašto se menja i šta misle istaknuti pojedinci?". 021.rs (in Serbian). Archived from the original on 30 January 2022. Retrieved 13 January 2022.
  3. ^ "Radni tekst amandmana Ministarstva pravde na Ustav Republike Srbije" (PDF). mpravde.gov.rs (in Serbian). Ministry of Justice of the Republic of Serbia. 2021. Archived (PDF) from the original on 25 April 2021.
  4. ^ Serbian Constitutional History Part I Archived March 16, 2012, at the Wayback Machine
  5. ^ Judah 2000, p. 25. [verification needed]
  6. ^ "Šta donosi predlog novog ustava Srbije" (in Serbian). B92. 30 September 2006.
  7. ^ "Opinion on the Constitution of Serbia" (PDF). Venice Commission. 17–18 March 2007. Archived from the original (PDF) on February 13, 2009. Retrieved 23 January 2013.
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