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    Constitution of the Republic of Serbia
    Constitution of the Republic of Serbia
    Constitution of the Republic of Serbia
    Ebook112 pages1 hour

    Constitution of the Republic of Serbia

    By Republic of Serbia

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    This work presents the Constitution of Serbia, one of the first countries to adopt a democratic constitution. It is also known as the Mitrovdan Constitution, which was adopted in 2006, replacing the previous one dating from 1990. The Constitution contains a preamble, 206 articles, 11 parts, and thirty amendments.
    LanguageEnglish
    PublisherGood Press
    Release dateApr 11, 2021
    ISBN4064066462338
    Constitution of the Republic of Serbia

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      Book preview

      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

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