Constitution of Serbia
The current Constitution of Serbia was adopted in 2006, replacing the previous constitution dating from 1990. The adoption of new constitution became necessary in 2006 when Serbia became independent state after Montenegro's secession and the dissolution of Serbia and Montenegro.
The proposed text of the constitution was adopted by the National Assembly on 30 September 2006 and put on referendum 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.
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The Constitution of Serbia 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"
The Constitution of Serbia is divided into 10 parts:
- 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 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, 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.
According to writer Noel Malcolm, the 1903 constitution was still in force at the time that Serbia annexed Kosovo (in 1912-1913). He elaborates that this constitution required a Grand National Assembly before Serbia's borders could be expanded to include Kosovo; but no such Grand National Assembly was ever held. Constitutionally, he argues, Kosovo should not have become part of the Kingdom of Serbia. It was initially ruled by decree.[page needed]
Serbia has previously adopted 10 constitutions throughout its history. Listed below in order of year adopted:
- Constitution of the Principality of Serbia, adopted 1835
- Constitution of 1838
- Constitution of 1869
- Constitution of the Kingdom of Serbia, adopted 1888
- Constitution of 1901
- Constitution of 1903
- Constitution of the People's Republic of Serbia, adopted 1947
- Constitution of the Socialist Republic of Serbia, adopted 1963
- Constitution of 1974
- Constitution of the Republic of Serbia, adopted 1990
- "Rare unity over Serb constitution". BBC News. 30 October 2006.
- "Opinion on the Constitution of Serbia". Venice Commission. 17/18 March 2007. Retrieved 23 January 2013. [dead link]
- Malcolm, Noel (1999). Kosovo: A Short History. Harper Perennial. ISBN 978-0-06-097775-7.
- Perić, La question constitutionelle en Serbie, Paris 1914
|Wikisource has original text related to this article:|
- Constitution of the Republic of Serbia in HTML format
- Constitution of the Republic of Serbia in PDF format
- Serbian constitutions. Digital National Library of Serbia