Constitution of the Republic of Serbia (2006) (excerpts)

CONSTITUTION OF THE REPUBLIC OF SERBIA

 

Sovereignty holders

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

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.

 

Electoral right

Article 52

Every citizen of age and working ability of the Republic of Serbia shall have the right to vote and be elected.

Suffrage shall be universal and equal for all, the elections shall be free and direct and voting is carried out by secret ballot in person.

Election right shall be protected by the law and in accordance with the law.

 

Basic Provision

Article 75

Persons belonging to national minorities shall be guaranteed special individual or collective rights in addition to the rights guaranteed to all citizens by the Constitution. Individual rights shall be exercised individually and collective rights in community with others, in accordance with the Constitution, law and international treaties.

Persons belonging to national minorities shall take part in decision-making or decide independently on certain issues related to their culture, education, information and official use of languages and script through their collective rights in accordance with the law.

Persons belonging to national minorities may elect their national councils in order to exercise the right to self-governance in the field of culture, education, information and official use of their language and script, in accordance with the law.

 

Constitution of the National Assembly

Article 100

The National Assembly shall consist of 250 deputies, who are elected on direct elections by secret ballot, in accordance with the Law.

In the National Assembly, equality and representation of different genders and members of national minorities shall be provided, in accordance with Law.

Election of deputies and constitution of the National Assembly

Article 101

Elections for deputies shall be called by the President of the Republic, 90 days before the end of the term of office of the National Assembly, so that elections are finished within the following 60 days.

The first session of the National Assembly shall be convened by the Chairman of the National Assembly from the previous session, so that the session is held not later than 30 days from the day of declaring the final election results.

At the first session, the National Assembly shall confirm deputies’ terms of office.

The National Assembly shall be constituted by confirmation of terms of office of the two thirds of deputies.

Against the decision made in relation to confirmation of terms of office, an appeal may be lodged before the Constitutional Court, which decides on it within 72 hours.

By means of confirming terms of office of the two thirds of deputies, the term of office of the previous session of the National Assembly shall end.

 

Election

Article 114

The President of the Republic shall be elected on direct elections, by secret ballot, in accordance with the Law.

Elections for the President of the Republic shall be scheduled by the Chairman of the National Assembly, 90 days before the end of term of office of the President of the Republic, so that elections finish within the following 60 days, in accordance with the Law.

While assuming the office, the President of the Republic shall take the following oath before the National Assembly:

“I do solemnly swear that I will devote all my efforts to preserve the sovereignty and integrity of the territory of the Republic of Serbia, including Kosovo and Metohija as its constituent part, as well as to provide exercise of human and minority rights and freedoms, respect and protection of the Constitution and laws, preservation of peace and welfare of all citizens of the Republic of Serbia and perform all my duties conscientiously and responsibly.”

Term of office

Article 116

The term of office of the President of the Republic shall last five years and begin from the day of taking of the oath before the National Assembly.

If the term of office of the President of the Republic expires during the state of war or emergency, it shall be extended so that it lasts until the expiry of three months from the day of the end of the state of war, that is, of emergency.

No one shall be elected to a position of the President of the Republic more than twice.

The term of office of the President of the Republic shall end with expiry of the period of time for which he or she has been elected, by his/her resignation or released of duty.

The President of the Republic shall tender his/her resignation to the Chairman of the National Assembly.

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