Constitution of Serbia
Encyclopedia
The Constitution of the Republic of Serbia is Serbia
's fundamental law
. The current constitution
was approved in a constitutional referendum
, held from on 28–29 October 2006. It was officially proclaimed by the National Assembly of Serbia
on 8 November 2006, replacing the Constitution of 1990.
The Constitution contains a preamble
, 206 articles, and no amendment
s.
, Kosovo
is defined as an integral part of Serbia
with substantial autonomy; the first article then defines Serbia as "the state of the Serbian people and all its citizens". It also defines Serbia as an independent state for the first time since 1918.
Among the constitution's two hundred other articles are guarantees of human rights
, including minority rights
and the banning of capital punishment
and human cloning
. It also grants a small degree of autonomy for the province of Vojvodina
. It assigns Serbian Cyrillic as the only alphabet for official use, while making provisions for the use of minority languages at local levels. Among the differences between the current constitution and its 1990 predecessor are:
, but with "substantial autonomy". Under the opinion of the Venice Commission
in respect to substantial autonomy of Kosovo, an examination of The Constitution makes it clear that 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.
is the only official language, and the Serbian Cyrillic alphabet
is the only one in official use. Under the Constitution of 1990 the official language was Serbo-Croatian
, and both Serbian Cyrillic and Latin alphabets were in official use.
has a long constitutional tradition. The first Serbian constitution — St. Sava's Nomocanon was from 1219, enacted by Saint Sava
. This legal act was well developed. St. Sava's Nomocanon was the compilation of Civil law
, based on Roman Law
and Canon law
, based on Ecumenical Councils and its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church. Afterwards it was Dušan's Code
enacted in 1349 and added in 1354 by Tsar Dušan. The Code was based on Roman
-Byzantine law
. The legal transplanting is notable with the articles 171 and 172 of Dušan's Code, which regulated the juridical independence. They were taken from the Byzantine code Basilika
(book VII, 1, 16-17). The following Serbian constitutions were enacted during the Serbian Principality and the Serbian Kingdom
periods (1835, 1838
, 1869, 1888, 1901 and 1903), than during the Socialist Republic of Serbia
(1947, 1963 and 1974) and the Republic of Serbia
in 1990.
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
's fundamental law
Fundamental law
Fundamental law may refer to:* Organic law, in particular,** Constitution, in particular,*** The Russian Constitution of 1906.*** The German Grundgesetz ....
. The current constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
was approved in a constitutional referendum
Serbian constitutional referendum, 2006
A referendum on a proposed draft of the new Serbian constitution was held on October 28 and 29 October 2006 and has resulted in the draft constitution being approved by the Serbian electorate. The constitution is Serbia's first as an independent state since the Kingdom of Serbia's 1903 constitution...
, held from on 28–29 October 2006. It was officially proclaimed by the National Assembly of Serbia
National Assembly of Serbia
The National Assembly of Serbia is the unicameral parliament of Serbia. It is composed of 250 proportionally elected deputies elected in general elections by secret ballot, on 4 years term. The National Assembly elects the President of the National Assembly who presides over the sessions...
on 8 November 2006, replacing the Constitution of 1990.
The Constitution contains a preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
, 206 articles, and no amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s.
Main provisions
In the preamblePreamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
, Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
is defined as an integral part of Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
with substantial autonomy; the first article then defines Serbia as "the state of the Serbian people and all its citizens". It also defines Serbia as an independent state for the first time since 1918.
Among the constitution's two hundred other articles are guarantees of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, including minority rights
Minority rights
The term Minority Rights embodies two separate concepts: first, normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second, collective rights accorded to minority groups...
and the banning of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
and human cloning
Human cloning
Human cloning is the creation of a genetically identical copy of a human. It does not usually refer to monozygotic multiple births nor the reproduction of human cells or tissue. The ethics of cloning is an extremely controversial issue...
. It also grants a small degree of autonomy for the province of Vojvodina
Vojvodina
Vojvodina, officially called Autonomous Province of Vojvodina is an autonomous province of Serbia. Its capital and largest city is Novi Sad...
. It assigns Serbian Cyrillic as the only alphabet for official use, while making provisions for the use of minority languages at local levels. Among the differences between the current constitution and its 1990 predecessor are:
- Only private, corporate and public property is acknowledged; social assets cease to exist and shall be transferred to private owners.
- Foreign citizens are permitted to own property.
- Reappointment of judges
- The PresidentPresident of SerbiaThe President of Serbia is the head of state of Serbia. Presently serving as the head of state is Boris Tadić. He was elected with a narrow majority of 50.31% in the 2008 Serbian presidential elections.-Authority, legal and constitutional rights:...
is the Commander in Chief of the militaryMilitary of SerbiaThe Serbian Armed Forces are the armed services of Serbia. They consist of the Serbian Army and the Serbian Air Force and Air Defence...
. - The constitution mentions "European values and standards" for the first time.
- Full independence is granted to the National Bank of SerbiaNational Bank of SerbiaNational Bank of Serbia is the central bank of Serbia; its main responsibilities are the protection of price stability and maintenance of financial stability....
. - As part of a process of decentralizationDecentralization__FORCETOC__Decentralization or decentralisation is the process of dispersing decision-making governance closer to the people and/or citizens. It includes the dispersal of administration or governance in sectors or areas like engineering, management science, political science, political economy,...
, the granting of municipal properties' ownership rights to local municipalities. - The province of VojvodinaVojvodinaVojvodina, officially called Autonomous Province of Vojvodina is an autonomous province of Serbia. Its capital and largest city is Novi Sad...
is granted economic autonomy. - The adoption of the official anthem, Bože pravdeBože pravde"Bože pravde" is the official anthem of Serbia, as defined by the Article 7 of the Constitution of Serbia. "Bože pravde" was the anthem of the Principality of Serbia and Kingdom of Serbia until 1918 when Kingdom of Serbs, Croats and Slovenes was formed. It was recommended by the Parliament of...
(God of Justice). - Special protection for the rights of consumers, mothers, children and minorities.
- Greater freedom of information.
- Marriage is defined as the "union between a man and a woman"
Kosovo
The constitution defines the Autonomous Province of Kosovo and Metohija as the integral part of SerbiaSerbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
, but with "substantial autonomy". Under the opinion of the Venice Commission
Venice Commission
The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
in respect to substantial autonomy of Kosovo, an examination of The Constitution makes it clear that 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.
Official language
Under the constitution the Serbian languageSerbian language
Serbian is a form of Serbo-Croatian, a South Slavic language, spoken by Serbs in Serbia, Bosnia and Herzegovina, Montenegro, Croatia and neighbouring countries....
is the only official language, and the Serbian Cyrillic alphabet
Serbian Cyrillic alphabet
The Serbian Cyrillic alphabet is an adaptation of the Cyrillic script for the Serbian language, developed in 1818 by Serbian linguist Vuk Karadžić. It is one of the two standard modern alphabets used to write the Serbian language, the other being Latin...
is the only one in official use. Under the Constitution of 1990 the official language was Serbo-Croatian
Serbo-Croatian
Serbo-Croatian or Serbo-Croat, less commonly Bosnian/Croatian/Serbian , is a South Slavic language with multiple standards and the primary language of Serbia, Croatia, Bosnia and Herzegovina, and Montenegro...
, and both Serbian Cyrillic and Latin alphabets were in official use.
Previous constitutions
SerbiaSerbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
has a long constitutional tradition. The first Serbian constitution — St. Sava's Nomocanon was from 1219, enacted by Saint Sava
Saint Sava
Saint Sava was a Serbian Prince and Orthodox monk, the first Archbishop of the autocephalous Serbian Church, the founder of Serbian law and literature, and a diplomat. Sava was born Rastko Nemanjić , the youngest son of Serbian Grand Župan Stefan Nemanja , and ruled the appanage of Hum briefly in...
. This legal act was well developed. St. Sava's Nomocanon was the compilation of Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, based on Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, based on Ecumenical Councils and its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church. Afterwards it was Dušan's Code
Dušan's Code
Dušan's Code was enacted by Tsar Dušan in two state congresses: in May 21, 1349 in Skopje and amended in 1354 in Serres. It regulated all social spheres, so it can be considered a medieval Serbian constitution. The Code included 201 articles. The original manuscript is not preserved, but around...
enacted in 1349 and added in 1354 by Tsar Dušan. The Code was based on Roman
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
-Byzantine law
Byzantine law
Byzantine Law was essentially a continuation of Roman Law with Christian influence, however, this is not to doubt its later influence on the western practice of jurisprudence...
. The legal transplanting is notable with the articles 171 and 172 of Dušan's Code, which regulated the juridical independence. They were taken from the Byzantine code Basilika
Basilika
The term Basilika or 'Basilica' refers to a code of laws issued by the Eastern Roman emperor Leo VI the Wise . Written entirely in Greek, the 'Basilica', in 60 books, adapt the 6th-century Justinian code to the conditions of the 9th- and 10th-century Empire, and include laws issued by Leo VI and...
(book VII, 1, 16-17). The following Serbian constitutions were enacted during the Serbian Principality and the Serbian Kingdom
Kingdom of Serbia
The Kingdom of Serbia was created when Prince Milan Obrenović, ruler of the Principality of Serbia, was crowned King in 1882. The Principality of Serbia was ruled by the Karađorđevic dynasty from 1817 onwards . The Principality, suzerain to the Porte, had expelled all Ottoman troops by 1867, de...
periods (1835, 1838
Turkish constitution (Serbia)
The Constitution of the 1838, often called the Turkish constitution , was constitution of Principality of Serbia from 1838 till 1869. In this way, Ottoman Empire wanted to show that Serbia is in subservience to it...
, 1869, 1888, 1901 and 1903), than during the Socialist Republic of Serbia
Socialist Republic of Serbia
Socialist Republic of Serbia was a socialist state that was a constituent country of the Socialist Federal Republic of Yugoslavia. It is a predecessor of modern day Serbia, which served as the biggest republic in the Yugoslav federation and held the largest population of all the Yugoslav...
(1947, 1963 and 1974) and the Republic of Serbia
Republic of Serbia (federal)
The Republic of Serbia was a federal unit of the Socialist Federal Republic of Yugoslavia from 1990 to 1992, the Federal Republic of Yugoslavia from 1992 to 2003 and the state union of Serbia and Montenegro between 2003 and 2006...
in 1990.
External links
- Constitution of Republic of Serbia in HTMLHTMLHyperText Markup Language is the predominant markup language for web pages. HTML elements are the basic building-blocks of webpages....
format - Constitution of Republic of Serbia in PDF format
- Previous Constitution of Serbia (1990)
- Serbian Constitutional History (Part I)