Constitution of the Republic of Serbia
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Constitution of the Republic of Serbia - Republic of Serbia
Republic of Serbia
Constitution of the Republic of Serbia
Published by Good Press, 2022
goodpress@okpublishing.info
EAN 4064066462338
Table of Contents
Preamble
PART ONE - CONSTITUTION PRINCIPLES
Republic of Serbia
Sovereignty holders
Rule of law
Division of power
Political parties
Prohibition of the conflict of interests
Coat of arms, flag and national anthem
Territory and border
Capital city
Language and script
Secularity of the State
Provincial autonomy and local self-government
Protection of citizens and Serbs abroad
Protection of national minorities
Gender equality
International relations
Status of foreign nationals
PART TWO - HUMAN AND MINORITY RIGHTS AND FREEDOMS
1. Fundamental Principles
2. Human Rights and Freedoms
3. Rights of Persons Belonging to National Minorities
PART THREE - ECONOMIC SYSTEM AND PUBLIC FINANCES
1. Economic system
2. Public finances
PART FOUR - COMPETENCES OF THE REPUBLIC OF SERBIA
Competences of the Republic of Serbia
PART FIVE - ORGANISATION OF GOVERNMENT
1. National Assembly
2. The President of the Republic
3. Government
4. Public Administration
5. Civic Defender
6. The Army of Serbia
7. Courts
8. The High Judicial Council
9. Public Prosecutor's Office
PART SIX - THE CONSTITUTIONAL COURT
Status
Jurisdiction
Assessment of constitutionality and legality
Assessment of constitutionality of the law prior to its coming into force
Constitutional appeal
Ensuring the enforcement of decisions
Organisation of the Constitutional Court. Election and appointment of the Constitutional Court justices
Conflict of interest. Immunity
Termination of the tenure of office of the Constitutional Court justice
The manner of deciding in the Constitutional Court. The Law on the Constitutional Court
PART SEVEN - TERRITORIAL ORGANISATION
1. Provincial autonomy and local self-government
2. Autonomous provinces
3. Local self-government
PART EIGHT - CONSTITUTIONALITY AND LEGALITY
Hierarchy of domestic and international general legal acts
Hierarchy of domestic general legal acts
Publication of laws and other general acts
Prohibition of retroactive effect of laws and other general acts
Legality of administration
Language of proceedings
State of emergency
The state of war
Derogation form human and minority rights in the state of emergency and war
PART NINE - AMENDING THE CONSTITUTION
Proposal to amend the Constitution and adoption of the amendment to the Constitution
Prohibition to amend the Constitution
Constitutional law
PART TEN - FINAL PROVISION
Article 206
Preamble
Table of Contents
Considering the state tradition of the Serbian people and equality of all citizens and ethnic communities in Serbia,
Considering also that the Province of Kosovo and Metohija is an integral part of the territory of Serbia, that it has the status of a substantial autonomy within the sovereign state of Serbia and that from such status of the Province of Kosovo and Metohija follow constitutional obligations of all state bodies to uphold and protect the state interests of Serbia in Kosovo and Metohija in all internal and foreign political relations,
the citizens of Serbia adopt
CONSTITUTION OF THE REPUBLIC OF SERBIA
PART ONE - CONSTITUTION PRINCIPLES
Table of Contents
Republic of Serbia
Table of Contents
Article 1
Republic of Serbia is a state of Serbian people and all citizens who live in it, based on the rule of law and social justice, principles of civil democracy, human and minority rights and freedoms, and commitment to European principles and values.
Sovereignty holders
Table of Contents
Article 2
Sovereignty is vested in citizens who exercise it through referendums, people’s initiative and freely elected representatives.
No state body, political organization, group or individual may usurp the sovereignty from the citizens, nor establish government against freely expressed will of the citizens.
Rule of law
Table of Contents
Article 3
Rule of law is a fundamental prerequisite for the Constitution which is based on inalienable human rights.
The rule of law shall be exercised through free and direct elections, constitutional guarantees of human and minority rights, separation of power, independent judiciary and observance of Constitution and Law by the authorities.
Division of power
Table of Contents
Article 4
The legal system is unique.
Government system shall be based on the division of power into legislative, executive and judiciary. Relation between three branches of power shall be based on balance and mutual control. Judiciary power shall be independent.
Political parties
Table of Contents
Article 5
The role of political parties in democratic shaping of the political will of the citizens shall be guaranteed and recognized.
Political parties may be established freely.
Activities of political parties aiming at forced overthrow of constitutional system, violation of guaranteed human or minority rights, inciting racial, national or religious hatred, shall be prohibited.
Political parties may not exercise power directly or submit it to their control.
Prohibition of the conflict of interests
Table of Contents
Article 6
No person may perform a state or public function in conflict with their other functions, occupation or private interests.
The presence of conflict of interest and liability for its resolution shall be regulated by the Constitution and Law.
Coat of arms, flag and national anthem
Table of Contents
Article 7
The Republic of Serbia shall have coat of arms, flag and national anthem. The coat of arms of the Republic of Serbia shall be used in the form of the Large Coat of Arms and Small Coat of Arms.
The flag of the Republic of Serbia shall exist and be used as the National Flag and State Flag. National anthem of the Republic of Serbia shall be official song Bože pravde
. Appearance and use of the coat of arms, flag and national anthem shall be regulated by law.
Territory and border
Table of Contents
Article 8
The territory of the Republic of Serbia is inseparable and indivisible.
The border of the Republic of Serbia is inviolable and may be altered in a procedure applied to amend the Constitution.
Capital city
Table of Contents
Article 9
The capital city of the Republic of Serbia is Belgrade.
Language and script
Table of Contents
Article 10
Serbian language and Cyrillic script shall be in official use in the Republic of Serbia.
Official use of other languages and scripts shall be