Constitution of Serbia

Main provisions

Among the constitution's two hundred other articles are guarantees of human and minority rights, abolishment of capital punishment, and banning of human cloning. It assigns the Serbian Cyrillic alphabet 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.

As part of a process of decentralization, the granting of municipal properties' ownership rights to local municipalities.

The province of Vojvodina is granted limited financial autonomy.

The constitution mentions "European values and standards" for the first time.

The constitution assigns the Serbian language and the Serbian Cyrillic alphabet as the official language and alphabet in use, respectively.

The adoption of the national anthem, Bože pravde (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 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 during the First Balkan War. 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.

Preamble

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"

Chapters

The Constitution of Serbia is divided into 10 chapters:

1. Constitution Principles
2. Human and Minority Rights and Freedoms
3. Economic System and Public Finances
4. Competencies of the Republic of Serbia
5. Organisation of Government
6. The Constitutional Court
7. Territorial Organization
8. Constitutionality and Legality
9. Amending the Constitution
10. Final Provision

Constitutional history

Serbia has adopted 13 constitutions throughout its history. Listed below in order of year adopted:

Constitution of the 1219 known as Zakonopravilo (The Rule of Law) Kingdom of Serbia, Nomocanon of Saint Sava - Written by Prince Rastko Nemanjic later Saint Sava (see Zakonopravilo)

Constitution of the 1282–1321 King Stephen Uroš II Milutin of Serbia Kingdom of Serbia, this constitution "Law of the Sainted King" is used as a base for later Dusan's Code On May 21, 1349 - King (Kralj) then Emperor (Czar) Stephen Uroš IV Dušan of Serbia

Constitution of the Serbian Empire "Dušan's Code" "Dušanov Zakonik" was promulgated at a state council on May 21, 1349 (Easter) King (Kralj) then Emperor (Czar "Caesar" of all Serbs and Romans-Greeks) Stephen Uroš IV Dušan of Serbia.

Constitutional amendments 1355 of the Serbian Empire "Dušan's Code" "Dušanov Zakonik" amendments to the previous constitution from 1349.

Constitution of the Principality of Serbia, adopted 1835, so-called "Candlemas constitution" (Sretenjski ustav)

Constitution of 1838, often called "Turkish constitution", issued in the form of Turkish firman

Constitution of 1869

Constitution of the Kingdom of Serbia, adopted 1888

Constitution of 1901, called "April constitution" and "Octroic constitution", promulgated by Alexander I of Serbia

Constitution of 1903, modified version of the Constitution of 1888

Between 1918 and 1945 Serbia was part of the Kingdom of Yugoslavia and Democratic Federal Yugoslavia, and had no constitution of its own.

Constitution of the People's Republic of Serbia, adopted 1947 (then part of the FPR Yugoslavia)

Constitution of the Socialist Republic of Serbia, adopted 1963 (then part of the SFR Yugoslavia)

Constitution of 1974 (then part of the SFR Yugoslavia)

Constitution of the Republic of Serbia, adopted 1990 (Serbia was part of the SFR Yugoslavia in 1990–1992 and part of FR Yugoslavia in 1992–2003 and Serbia and Montenegro in 2003-2006)

Constitution of 2006, current constitution, first constitution of the independent Republic of Serbia