Constitution of Serbia explained
The current Constitution of the Republic of Serbia (Serbian: Устав Републике Србије|Ustav Republike Srbije), also known as Mitrovdan Constitution (Serbian: Митровдански устав|Mitrovdanski ustav) is the supreme and basic law of Serbia. It was adopted in 2006, replacing the previous constitution dating from 1990.[1]
History
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. 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
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]
- Saint Sava Nomocanon of 1219, Kingdom of Serbia, the first Serbian proto-constitution
- Emperor Dušan Code of 1349, Serbian Empire, the second Serbian proto-constitution[5]
- Constitution of the Principality of Serbia of 1835, so-called "Candlemas Constitution" (Sretenjski ustav); first modern Serbian constitution
- Constitution of the Principality of Serbia of 1838, so-called "Turkish Constitution" (Turski ustav)
- Constitution of the Principality of Serbia of 1869, so-called "Regents Constitution" (Namesnički ustav); in effect until 1888, reinstated from 1894 to 1901
- Constitution of the Kingdom of Serbia of 1888, so-called "Radical Constitution" (Radikalski ustav)
- Constitution of the Kingdom of Serbia of 1901, so-called "April Constitution" (Aprilski ustav) or "Octroic Constitution" (Oktroisani ustav)
- Constitution of the Kingdom of Serbia of 1903
- Between 1918 and 1945 Serbia had no constitution of its own since it ceased to exist as a separate entity, part of the Kingdom of Yugoslavia and Democratic Federal Yugoslavia.
- Constitution of the People's Republic of Serbia of 1947 (Serbia as part of the FPR Yugoslavia).
- Constitution of the Socialist Republic of Serbia of 1963 (Serbia as part of the SFR Yugoslavia).
- Constitution of the Socialist Republic of Serbia of 1974 (Serbia as part of the SFR Yugoslavia).
- Constitution of the Republic of Serbia of 1990 (Serbia as part of the SFR Yugoslavia in 1990–1992, FR Yugoslavia in 1992–2003 and Serbia and Montenegro in 2003–2006)
- Constitution of the Republic of Serbia of 2006, so-called "Mitrovdan Constitution" (Mitrovdanski ustav)
Content
The Constitution contains a preamble, 11 chapters, and 206 articles.
Preamble
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
The constitution is divided into 10 chapters:
- Constitution Principles
- Human and Minority Rights and Freedoms
- Economic System and Public Finances
- Competencies of the Republic of Serbia
- Organisation of Government
- The Constitutional Court
- Territorial Organization
- Constitutionality and Legality
- Amending the Constitution
- Final Provision
New provisions
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
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
External links
Notes and References
- Web site: Rare unity over Serb constitution. BBC News. 30 October 2006.
- Web site: Nikolin . Gorica . 12 January 2022 . Vodič za početnike: Šta se tačno menja referendumom, zašto se menja i šta misle istaknuti pojedinci? . live . https://ghostarchive.org/archive/20220130/https://www.021.rs/story/Info/Srbija/294907/Vodic-za-pocetnike-Sta-se-tacno-menja-referendumom-zasto-se-menja-i-sta-misle-istaknuti-pojedinci.html . 30 January 2022 . 13 January 2022 . 021.rs . sr.
- Web site: 2021. Radni tekst amandmana Ministarstva pravde na Ustav Republike Srbije. https://web.archive.org/web/20210425100612/https://www.mpravde.gov.rs/files/amandmani%20za%20objavljivanje1.pdf . 25 April 2021. live. mpravde.gov.rs. Ministry of Justice of the Republic of Serbia. sr.
- http://www.belgraded.com/serbian-constitutional-history-part-i Serbian Constitutional History Part I
- Judah 2000, p. 25.
- Web site: Šta donosi predlog novog ustava Srbije. B92. sr. 30 September 2006.
- Web site: Opinion on the Constitution of Serbia. https://web.archive.org/web/20090213201133/http://venice.dctnet.coe.int/docs/2007/CDL-AD(2007)004-e.pdf. dead. February 13, 2009. Venice Commission. 17–18 March 2007. 23 January 2013.
