Constitution of the Republic of Serbia (1990) (excerpts)

Official Gazette of the Republic of Serbia", No. 1/90

CONSTITUTION OF THE REPUBLIC OF SERBIA

(relevant parts only)

I. BASIC PROVISIONS

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Article 2

Sovereignty is vested in all the citizens of the Republic of Serbia.

Citizen shall exercise their sovereignty through a referendum, people's initiative, and their freely elected representatives.

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Article 6

The Republic of Serbia includes the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija, these being the forms of territorial autonomy.

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Article 9

Constituent and legislative power is vested in the National Assembly.

The Republic of Serbia is represented and its State unity symbolized by the President of the Republic.

Executive power is vested in the Government.

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II. FREEDOMS, RIGHTS AND DUTIES OF MAN AND CITIZEN

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Article 42

A citizen who has reached the age of eighteen shall have the right to vote and to be elected to the National Assembly and to other agencies and bodies.

Election shall be direct, by universal and equal suffrage, and shall be held by secret ballot.

A candidate for representative of the National Assembly and of other agencies and bodies may be nominated by a political party, other political organisation, or a group of citizens.

Article 43

Citizens are guaranteed the freedom of assembly and other kinds of gathering without seeking permission, subject to a previous notification of the competent agency.

The freedom of assembly and other gathering of citizens may be restricted by a decision of the competent agency, for the purpose of preventing the obstruction of traffic, threat to public health, public morals or safety of persons and property.

Article 44

The freedom of political, trade union and other forms of organisation and action without seeking permission, subject to registration with the competent agency, shall be guaranteed.

Any activity aiming at a forcible changing of the order established by the Constitution, violation of the territorial integrity and independence of the Republic of Serbia, violation of freedoms and rights of man and citizen guaranteed by the Constitution, and the provocation and fomenting of national, racial, and religious intolerance and hatred, shall be prohibited.

Article 45

The freedom of conscience, thought and public expression of opinion shall be guaranteed.

Article 46

The freedom of press and other public information media shall be guaranteed.

Citizens shall have the right to express and make public their opinions in the public information media.

Publication of newspapers and dissemination of information by other means shall be accessible to everyone without seeking permission, subject to registration with the competent agency.

Radio and television broadcasting organisations shall be established in accordance with law.

The right to correction of published incorrect information which violates someone's right or interest, as well as the right to compensation for any moral and property damage arising therefrom, shall be guaranteed.

The censorship of press and other public information media shall be prohibited. No one may obstruct the distribution of the press and dissemination of other information, except when the competent court of law finds by its decision that they call for the forcible overthrow of the order established by the Constitution, violation of the territorial integrity and independence of the Republic of Serbia, violation of guaranteed freedoms and rights of man and citizen, or incite and foment national, racial or religious intolerance and hatred.

The public information media which are financed from public funds shall be bound to provide the general public with timely and impartial information.

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V. THE REPUBLIC AGENCIES

 

The National Assembly

Article 73

The National Assembly shall:

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8) announce a republic referendum;

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Article 74

The National Assembly shall consist of 250 representatives. The representatives shall be elected in direct election by secret ballot.

The election and termination of term of the representatives and establishing of constituencies shall be regulated by law.

Article 75

Representatives shall be elected for a term of four years.

Elections for representatives must be held not later than 30 days before the expiry of the tenure of the representatives whose term is expiring.

The function of the representatives whose tenure expires ceases with the day of verification of the credentials of new representatives.

In case of imminent danger of war of state of war, the National Assembly may decide to extend the tenure of the representatives for the period this situation lasts, and/or until the conditions are created for the election of the representatives to take place.

Article 76

A representative represents the citizens of the constituency he has been elected in.

Article 77

A representative shall enjoy immunity.

A representative shall not be called to account in criminal proceedings, or detained or punished for an opinion expressed or a vote cast in the National Assembly.

A representative shall not be detained without the approval of the National Assembly, unless he has been caught in the act of committing a criminal offence which carries a penalty of more than five years of imprisonment.

No representative may be subject, without the approval of the National Assembly, to instituting criminal proceedings against him after he has invoked parliamentary immunity, which applies to any other proceedings where penalty of imprisonment may be pronounced.

The National Assembly may decide to apply immunity to a representative even if he himself has not invoked it when deemed necessary for the performance of his function.

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Article 81

The National Assembly may decide that some issues within its competence shall be decided upon by citizens in a republic referendum.

The National Assembly shall be bound to rule on the demand for calling out a republic referendum that is submitted by not less than 100,000 voters.

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The President of the Republic

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Article 86

The President of the Republic shall be elected in direct election and by secret ballot.

The term of office of the President of the Republic shall be five years.

The same person may be elected for President of the Republic two times only.

The election for the President of the Republic must be held not later than 30 days before the expiry of the term of office of the President of the Republic whose term is expiring.

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

"I swear that I shall devote all my forces to the preservation of sovereignty and integrity of the territory of the Republic of Serbia, to the realisation of human and civil freedoms and rights, to the observance and defense of the Constitution and laws; to the preserving of peace and welfare of all the citizens of the Republic of Serbia, and that I shall conscientiously and responsibly meet all my duties."

In the event of an immediate danger of war or state of war, the term of office of the President of the Republic shall be extended for the period this state lasts, and/or until the conditions are created which make possible the election of the President of the Republic.

The President of the Republic may not engage himself in any other function or professional activity.

The President of the Republic shall enjoy immunity as a representative (in the National Assembly). The immunity of the President of the Republic shall be decided upon by the National Assembly.

Article 87

The term of office of the President of the Republic shall cease before the expiry of his election period in the event of recall or his resignation.

If the president of the Republic submits his resignation, he shall inform accordingly the general public and the president of the National Assembly.

The term of office of the President of the Republic shall cease on the day of his resignation.

If the term of office of the President of the Republic ceases prior to the expiry of his election period, the duty of the President of the Republic until the election of a new President of the Republic shall be performed by the president of the National Assembly.

If the term of office of the President of the Republic ceases prior to the expiry of his election period, the election for a new President of the Republic must be held within 60 days from the termination of the term of office of the President of the Republic.

If the President of the Republic is temporarily prevented from whatever cause to perform his function, his duties shall be assumed by the president of the National Assembly.

The procedure of election and recall of the President of the Republic shall be regulated by law.

Article 88

The President of the Republic shall be responsible to the citizens of the Republic of Serbia.

If the National Assembly finds that the President of the Republic has violated the Constitution, it shall initiate the proceedings for his recall, if two thirds of the total number of representatives take the stand accordingly.

The recall of the President of the Republic shall be decided upon by direct and secret ballot by the voters. The President of the Republic shall be recalled if the majority of the total number of voters vote in favour of the recall.

If the voters do not recall the President of the Republic, the National Assembly shall be dissolved

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VI. TERRITORIAL ORGANISATION

The Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija

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Article 111

The agencies of the autonomous province shall be its assembly, executive council, and agencies of administration.

The assembly of an autonomous province shall be composed of deputies elected in direct election by secret ballot.

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The Municipality

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Article 116

The affairs of the municipality shall be decided upon by citizens in a referendum, and through their representatives in the municipal assembly.

The municipal assembly shall be composed of councillors elected in direct election by secret ballot.

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The City of Belgrade

Article 118

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The Assembly of the City of Belgrade shall be composed of councillors elected in direct election by secret ballot.

VII. GUARANTEES OF CONSTITUTIONALITY

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The Constitutional Court

Article 125

The constitutional Court shall decide on:

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5) conformity of a statute or other general enactment of a political party or other political organisation with the Constitution and law;

6) the banning of a political party or other political organisation;

7) electoral disputes which are not within the competence of courts of law other State agencies.

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Amending the Constitution

Article 132

A proposal to amend the Constitution may be submitted by at least 100,000 voters, or at least 50 representatives, by the President of the Republic, or by the Government.

A proposal to amend the Constitution shall be decided upon by the National Assembly by a two-third majority of the total number of representatives.

Article 133

The National Assembly shall adopt the act on amending the Constitution by a two-third majority of the total number of representatives and shall have it endorsed at a republic referendum.

The act on amending the Constitution shall be considered as finally adopted if more than one half of the total number of voters have voted in favour at the republic referendum.

The act on amending the Constitution shall be promulgated by the National Assembly.

Article 134

A constitutional law shall be enacted for the enforcement of the amendments to the Constitution.

The constitutional law shall be adopted by the National Assembly by a two-third majority of the total number of representatives.

The constitutional law for the enforcement of the amendments to the Constitution shall be promulgated by the National Assembly.

The constitutional law shall come into force simultaneously with the amendments to the Constitution.

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