The current Constitution of the Republic of Serbia ( sr, / ), also known as
Mitrovdan Constitution ( sr, / ) was adopted in 2006, replacing the previous
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
dating from 1990. The adoption of new constitution became necessary in 2006 when Serbia became independent after
Montenegro
)
, image_map = Europe-Montenegro.svg
, map_caption =
, image_map2 =
, capital = Podgorica
, coordinates =
, largest_city = capital
, official_languages = M ...
's secession and the dissolution of
Serbia and Montenegro
Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...
.
The proposed text of the constitution was adopted by the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
on 30 September 2006 and put on
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
which was held on 28–29 October 2006. After 53.04% of the electorate supported the proposed constitution, it was officially adopted on 8 November 2006.
The Constitution contains a
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 subj ...
, 206 articles, 11 parts, and
thirty
30 (thirty) is the natural number following 29 and preceding 31.
In mathematics
30 is an even, composite, pronic number. With 2, 3, and 5 as its prime factors, it is a regular number and the first sphenic number, the smallest of the form , ...
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
s.
Main provisions
Among the constitution's two hundred other articles are guarantees of
human
Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, ...
and
minority rights
Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group.
Civil-rights movements ofte ...
, abolishment of
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
, and banning of
human cloning
Human cloning is the creation of a genetically identical copy (or clone) of a human. The term is generally used to refer to artificial human cloning, which is the reproduction of human cells and tissue. It does not refer to the natural concepti ...
. It assigns the
Serbian Cyrillic alphabet
The Serbian Cyrillic alphabet ( sr, / , ) is a variation of the Cyrillic script used to write the Serbian language, updated in 1818 by Serbian linguist Vuk Stefanović Karadžić, Vuk Karadžić. It is one of the two alphabets used to write ...
as the official script, while making provisions for the use of minority languages at local levels. Among the differences between the current and previous constitution are:
*Only private, corporate and public property is acknowledged; ''social assets'' shall cease to exist.
*Foreign citizens are permitted to own property.
*Full independence is granted to the
National Bank of Serbia
The National Bank of Serbia ( sr, Народна банка Србије, Narodna banka Srbije) is the central bank of Serbia. Founded in 1884, the responsibilities of the bank are: monetary policy, sole issuer of Serbian banknotes and coins, p ...
.
*As part of a process of
decentralization
Decentralization or decentralisation is the process by which the activities of an organization, particularly those regarding planning and decision making, are distributed or delegated away from a central, authoritative location or group.
Conce ...
, the granting of municipal properties' ownership rights to local municipalities.
*The province of
Vojvodina
Vojvodina ( sr-Cyrl, Војводина}), officially the Autonomous Province of Vojvodina, is an autonomous province that occupies the northernmost part of Serbia. It lies within the Pannonian Basin, bordered to the south by the national capital ...
is granted limited financial autonomy.
*The constitution mentions "European values and standards" for the first time.
*Large and small
coats of arms
A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in its wh ...
were established.
* The constitution assigns the
Serbian language
Serbian (, ) is the standardized variety of the Serbo-Croatian language mainly used by Serbs. It is the official and national language of Serbia, one of the three official languages of Bosnia and Herzegovina and co-official in Montenegro and Kos ...
and the
Serbian Cyrillic alphabet
The Serbian Cyrillic alphabet ( sr, / , ) is a variation of the Cyrillic script used to write the Serbian language, updated in 1818 by Serbian linguist Vuk Stefanović Karadžić, Vuk Karadžić. It is one of the two alphabets used to write ...
as the official language and
alphabet
An alphabet is a standardized set of basic written graphemes (called letters) that represent the phonemes of certain spoken languages. Not all writing systems represent language in this way; in a syllabary, each character represents a syll ...
in use, respectively.
*The adoption of the national anthem, ''
Bože pravde
"" ( sr-Cyrl, Боже правде, , "God of Justice") is the national anthem of Serbia, as defined by the Article 7 of the Constitution of Serbia. "Bože pravde" was the state anthem of the Kingdom of Serbia until 1919 when Serbia became a par ...
'' (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"
Constitutional status of Kosovo
The current constitution defines the
Autonomous Province of Kosovo and Metohija
The Autonomous Province of Kosovo and Metohija ( sr, Косово и Метохиja, Kosovo i Metohija; sq, Kosova dhe Metohija), commonly known as Kosovo and abbreviated to Kosmet or KiM, is an autonomous province defined by the constituti ...
as an integral part of
Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
, but with "substantial autonomy". Under the opinion of the
Venice Commission
The Venice Commission, officially European Commission for Democracy through Law, 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 ...
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.
Structure
Preamble
The Constitution of Serbia contains a
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 subj ...
:
:"Considering the state tradition of the
Serbian people
The term Serbians in English is a polysemic word, with two distinctive meanings, derived from morphological differences:
* Morphology 1: Serb-ian- s, derived from the noun ''Serb'' and used interchangeably to refer to ethnic Serbs, thus having ...
and equality of all citizens and ethnic communities in
Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
,
:Considering also that the
Province of Kosovo and Metohija
The Autonomous Province of Kosovo and Metohija ( sr, Косово и Метохиja, Kosovo i Metohija; sq, Kosova dhe Metohija), commonly known as Kosovo and abbreviated to Kosmet or KiM, is an autonomous province defined by the constituti ...
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 of Serbia 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
Constitutional history
Serbia has adopted 14 constitutions throughout its history. Listed below in order of year adopted:
* Constitution of 1219,
Kingdom of Serbia
The Kingdom of Serbia ( sr-cyr, Краљевина Србија, Kraljevina Srbija) was a country located in the Balkans which was created when the ruler of the Principality of Serbia, Milan I, was proclaimed king in 1882. Since 1817, the Princi ...
, “
Zakonopravilo
The Nomocanon of Saint Sava ( sr-Cyrl, Номоканон светог Саве), known in Serbian as () or (), was the highest code in the Serbian Orthodox Church, finished in 1219. This legal act was written in simple folk language and its ...
” (St. Sava's Nomocanon), the first Serbian constitution
* Constitution of 1349,
Serbian Empire
The Serbian Empire ( sr, / , ) was a medieval Serbian state that emerged from the Kingdom of Serbia. It was established in 1346 by Dušan the Mighty, who significantly expanded the state.
Under Dušan's rule, Serbia was the major power in the ...
, “Dušanov Zakonik” (Emperor
Dušan's Code
Dušan's Code ( sr-cyr, Душанов законик, ''Dušanov zakonik'', known historically as ''Закон благовјернаго цара Стефана'' – Law of the pious Emperor Stefan) is a compilation of several legal systems th ...
.
[Judah 2000, p. 25. ] or Dušan’s Constitution)
* Constitution of
Serbian Despotate
The Serbian Despotate ( sr, / ) was a medieval Serbian state in the first half of the 15th century. Although the Battle of Kosovo in 1389 is generally considered the end of medieval Serbia, the Despotate, a successor of the Serbian Empire and ...
,
Mining Code , enacted by Despot
Stefan Lazarević
Stefan Lazarević ( sr-Cyrl, Стефан Лазаревић, 1377 – 19 July 1427), also known as Stefan the Tall ( sr, Стефан Високи / ''Stefan Visoki''), was the ruler of Serbia as prince (1389–1402) and despot (1402–1427), ...
in 1412, formulated earlier in 1390, additions to previous Emperor Dušan’s Constitution incorporating early 15th century Serbian Mining Laws
* ''Period between 16th – 18th century (void).''
* Constitution of the
Principality of Serbia
The Principality of Serbia ( sr-Cyrl, Књажество Србија, Knjažestvo Srbija) was an autonomous state in the Balkans that came into existence as a result of the Serbian Revolution, which lasted between 1804 and 1817. Its creation was ...
, adopted in 1835, so-called "
Candlemas
Candlemas (also spelled Candlemass), also known as the Feast of the Presentation of Jesus Christ, the Feast of the Purification of the Blessed Virgin Mary, or the Feast of the Holy Encounter, is a Christian holiday commemorating the presentati ...
constitution" (''
Sretenje constitution
The Constitution of the Principality of Serbia (Slavonic-Serbian: ) known as the Sretenje Constitution (" Candlemas Constitution"), was the first constitution of the Principality of Serbia, adopted in Kragujevac in 1835. The Constitution was writt ...
'').
*
Constitution of 1838, often called "Turkish constitution", issued in the form of Turkish
firman
A firman ( fa, , translit=farmân; ), at the constitutional level, was a royal mandate or decree issued by a sovereign in an Islamic state. During various periods they were collected and applied as traditional bodies of law. The word firman com ...
.
* Constitution of 1869, often called "Regents' constitution"; in place until 1888, then reinstated from 1894 to 1901.
* Constitution of the
Kingdom of Serbia
The Kingdom of Serbia ( sr-cyr, Краљевина Србија, Kraljevina Srbija) was a country located in the Balkans which was created when the ruler of the Principality of Serbia, Milan I, was proclaimed king in 1882. Since 1817, the Princi ...
, adopted in 1888.
* Constitution of 1901, called "April constitution" and "Octroic constitution", promulgated by
Alexander I of Serbia
Alexander I ( sr-cyr, Александар Обреновић, Aleksandar Obrenović; 14 August 187611 June 1903) reigned as the king of Serbia from 1889 to 1903 when he and his wife, Draga Mašin, were assassinated by a group of Royal Serbia ...
.
* Constitution of 1903, modified version of the Constitution of 1888.
* ''Between 1918 and 1945 Serbia was part of the
Kingdom of Yugoslavia
The Kingdom of Yugoslavia ( sh-Latn-Cyrl, separator=" / ", Kraljevina Jugoslavija, Краљевина Југославија; sl, Kraljevina Jugoslavija) was a state in Southeast Europe, Southeast and Central Europe that existed from 1918 unt ...
and
Democratic Federal Yugoslavia
Democratic Federal Yugoslavia, also known as Democratic Federative Yugoslavia (DF Yugoslavia or DFY), was a provisional state established during World War II on 29 November 1943 through the Second Session of the Anti-Fascist Council for the Nation ...
, and had no constitution of its own.''
* Constitution of the
People's Republic of Serbia
, life_span = 1944–1992
, status = Constituent state of Yugoslavia
, p1 = Territory of the Military Commander in Serbia
, flag_p1 = Flag of German Reich (1935–1945).svg
, p2 ...
, adopted in 1947 (Serbia as part of the
FPR Yugoslavia
The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yugo ...
)
* Constitution of the
Socialist Republic of Serbia
, life_span = 1944–1992
, status = Constituent state of Yugoslavia
, p1 = Territory of the Military Commander in Serbia
, flag_p1 = Flag of German Reich (1935–1945).svg
, p2 ...
, adopted in 1963 (Serbia as part of the
SFR Yugoslavia
The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yug ...
)
* Constitution of 1974 (Serbia as part of the
SFR Yugoslavia
The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yug ...
)
* Constitution of the
Republic of Serbia
Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hung ...
, adopted in 1990 (Serbia as part of the SFR Yugoslavia in 1990–1992,
FR Yugoslavia
Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup
A relationship breakup, breakup, or ...
in 1992–2003 and
Serbia and Montenegro
Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...
in 2003–2006)
* Constitution of 2006, called "Mitrovdan constitution", current constitution, first constitution of the independent Republic of Serbia
Gallery
File:The Constitution of 1835.JPG, Front page of the "Candlemas constitution" of 1835.
File:Ustav 1835. prva strana.jpg, First page of the "Candlemas constitution" of 1835.
File:Constitution of Serbia 1838 first page.jpg, First page of the "Turkish' constitution" of 1838.
File:Устав Србије из 1869. године.jpg, Front page of the "Regents' constitution" of 1869.
File:Constitution of Serbia 1888.jpg, Front page of the Constitution of 1888.
File:Устав Краљевине Србије из 1901. године.jpg, Front page of the Constitution of 1901.
See also
*
2006 Serbian constitutional referendum
A constitutional referendum was held in Serbia on 28 and 29 October 2006, in which voters decided on adopting a new Constitution. The constitution is Serbia's first as an independent state since the Kingdom of Serbia's 1903 constitution. Over 6. ...
*
Political status of Kosovo
The political status of Kosovo, also known as the Kosovo question, is the subject of a long-running political and territorial dispute between the Serbian (and previously, Yugoslav) government and the Government of Kosovo, stemming from the br ...
*
Constitutional Charter of Serbia and Montenegro
The Constitutional Charter of Serbia and Montenegro ( sr, Уставна повеља Србије и Црне Горе, ''Ustavna povelja Srbije i Crne Gore'') came into force on 4 February 2003, creating a confederacy between Serbia and Montene ...
References
External links
Constitution of the Republic of Serbiain
HTML
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format
Constitution of the Republic of Serbia in
PDF
Portable Document Format (PDF), standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. ...
format
Previous Constitution of Serbia (1990)
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