Part of the constitution of the republic of serbia

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.

Division of power
Article 4

The legal system is unique.
Government system shall be based on the division of power into legislative, executive and judiciary.
Relation between three branches of power shall be based on balance and mutual control.
Judiciary power shall be independent.

2. Human Rights and Freedoms

Right to a fair trial
Article 32

Everyone shall have the right to a public hearing before an independent and impartial tribunal established by the law within reasonable time which shall pronounce judgement on their rights and obligations, grounds for suspicion resulting in initiated procedure and accusations brought against them.
Everyone shall be guaranteed the right to free assistance of an interpreter if the person does not speak or understand the language officially used in the court and the right to free assistance of an interpreter if the person is blind, deaf, or dumb.
The press and public may be excluded from all or part of the court procedure only in the interest of protecting national security, public order and morals in a democratic society, interests of juveniles or the protection of private life of the parties, in accordance with the law.

Freedom of association
Article 55

Freedom of political, union and any other form of association shall be guaranteed, as well as the right to stay out of any association.
Associations shall be formed without prior approval and entered in the register kept by a state body, in accordance with the law.
Secret and paramilitary associations shall be prohibited.
Constitutional Court may ban only such associations the activity of which is aimed at violent overthrow of constitutional order, violation of guaranteed human or minority rights, or inciting of racial, national and religious hatred.
Judges of Constitutional Court, judges, public prosecutors, Defender of Citizens, members of police force and military persons may not be members of political parties.

1. National Assembly

Competences
Article 99

The National Assembly shall:
Within its election rights, the National Assembly shall:
3. appoint the President of the Supreme Court of Cassation, presidents of courts, Republic Public Prosecutor, public prosecutors, judges and deputy public prosecutors, in accordance with the Constitution,

Method of decision making in the National Assembly
Article 105

The National Assembly shall adopt decisions by majority vote of deputies at the session at which majority of deputies are present.
By means of majority vote of all deputies the National Assembly shall:

1. grant amnesty for criminal offences,
2. declare and call off the state of emergency,
3. order measures of departure from human and minority rights in the state of war and emergency,
4. enact the Law by which the Republic of Serbia delegates particular issues falling within its competence to autonomous provinces and local self-government units,
5. give previous approval for the Statute of the autonomous province,
6. decide on the Rules of Procedure pertaining to its work,
7. cancel immunities of deputies, the President of the Republic, members of the Government and Civic Defender,
8. adopt the Budget and financial statement,
9. elect members of the Government and decide on the end of the term of office of the Government and ministers,
10. decide on response to interpellation,
11. elect judges of the Constitutional Court and decide on their dismissal and end of their term of office,
12. elect the President of the Supreme Court of Cessation, presidents of courts, Republic Public Prosecutor and public prosecutors and decide on the end of their term of office,
13. elect judges and deputy public prosecutors, in accordance with the Constitution,
14. elect and dismiss the Governor of the National Bank of Serbia, Governors’ Council and Civic Defender,
15. also perform other election competences of the National Assembly .

By means of majority vote of all deputies, the National Assembly shall decide on laws which regulate:

1. referendum and national initiative,
2. enjoying of individual and collective rights of members of national minorities,
3. development and spatial plan,
4. public debt,
5. territories of autonomous provinces and local self-government units,
6. conclusion and ratification of international contracts,
7. other issues stipulated by the Constitution.

7. Courts

Judiciary principles
Article 142

Judicial power shall be unique on the territory of the Republic of Serbia.
Courts shall be separated and independent in their work and they shall perform their duties in accordance with the Constitution, Law and other general acts, when stipulated by the Law, generally accepted rules of international law and ratified international contracts.
The hearing before the court shall be public and may be restricted only in accordance with the Constitution.
Judges and jurors shall participate in a trial, in the manner stipulated by the Law.
The Law may also regulate that only judges may participate in a trial in particular courts and in particular cases.
The court shall decide on matters within the Council, while the Law may stipulate that a single judge may decide on particular matters.

Types of courts
Article 143

Judicial power in the Republic of Serbia shall belong to courts of general and special jurisdiction.
Establishing, organisation, jurisdiction, system and structure of courts shall be regulated by the Law.
Provisional courts, courts-martial or special courts may not be established.
The Supreme Court of Cassation shall be the Supreme Court in the Republic of Serbia.
The seat of the Supreme Court of Cassation shall be in Belgrade.

President of the Supreme Court of Cassation
Article 144

President of the Supreme Court of Cassation shall be elected by the National Assembly, upon the proposal of the High Judicial Council and received opinion of the meeting of the Supreme Court of Cassation and competent committee of the National Assembly.
President of the Supreme Court of Cassation shall be elected for the period of five years and may not be reelected.
Term of office of the President of the Supreme Court of Cassation shall terminate before the expiry of the time for which he or she has been elected upon his/her personal request, under the terms stipulated by the Law pertaining to the termination of the term of office of the judge or dismissal for reasons stipulated by the Law pertaining to dismissal of the President of Court.
Decision on the end of term of office of the President of the Supreme Court of Cassation shall be adopted by the National Assembly, in accordance with the Law, while the decision on dismissal shall be adopted upon the proposal of the High Judicial Council.

Court decisions
Article 145

Court decisions shall be passed in the name of people.
Court decisions are based on the Constitution and Law, the ratified international treaty and regulation passed on the grounds of the Law.
Court decisions shall be obligatory for all and may not be a subject of extrajudicial control.
A court decision may only be reconsidered by an authorised court in a legal proceedings prescribed by the Law.
A passed sentence may be fully or partially forgiven without a court decision, by general pardon or amnesty.

Permanent tenure of office
Article 146

A judge shall have a permanent tenure.
Exceptionally, a person who is elected a judge for the first time shall be elected for the period of three years.

Election of judges
Article 147

On proposal of the High Judicial Council, the National Assembly shall elect as a judge the person who is elected to the post of judge for the first time.
Tenure of office of a judge who was elected to the post of judge shall last three years.
In accordance with the Law, the High Judicial Council shall elect judges to the posts of permanent judges, in that or other court.
In addition, the High Judicial Council shall decide on election of judges who hold the post of permanent judges to other or higher court.

Termination of a judge's tenure of office
Article 148

A judge's tenure of office shall terminate at his/her own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the Law, as well as if he/she is not elected to the position of a permanent judge.
The High Judicial Council shall pass a decision on termination of a judge's tenure of office. A judge shall have the right to appeal with the Constitutional Court against this decision. The lodged appeal shall not include the right to lodge a Constitutional appeal.
The proceedings, grounds and reasons for termination of a judge's tenure of office, as well as the reasons for the relief of duty of the President of Court shall be stipulated by the Law.

Independenceof judge
Article 149

In performing his/her judicial function, a judge shall be independent and responsible only to the Constitution and the Law. Any influence on a judge while performing his/her judicial function shall be prohibited.

Non-transferability of judge
Article 150

A judge shall have the right to perform his/her judicial function in the court to which he/she was elected, and may be relocated or transferred to another court only on his/her own consent.
In case of revocation of the court or the substantial part of the jurisdiction of the court to which he/she was elected, a judge may exceptionally, without his/her consent, be permanently relocated or transferred to another court, in accordance with the Law.

Immunity
Article 151

A judge may not be held responsible for his/her expressed opinion or voting in the process of passing a court decision, except in cases when he/she committed a criminal offence by violating the Law.
A judge may not be detained or arrested in the legal proceedings instituted due to a criminal offence committed in performing their judicial function without the approval of the High Judicial Council.

Incompatibility of judiciary function
Article 152

A judge shall be prohibited to engage in political actions.
Other functions, actions or private interests which are incompatible with the judiciary function shall be stipulated by the Law.

8. The High Judicial Council

Status, constitution and election

Article 153

The High Judicial Council is an independent and autonomous body which shall provide for and guarantee independence and autonomy of courts and judges.
The High Judicial Council shall have eleven members.
The High Judicial Council shall be constituted of the President of the Supreme Court of Cassation, the Minister responsible for justice and the President of the authorised committee of the National Assembly as members ex officio and eight electoral members elected by the National Assembly, in accordance with the Law.
Electoral members shall include six judges holding the post of permanent judges, of which one shall be from the territory of autonomous provinces, and two respected and prominent lawyers who have at least 15 years of professional experience, of which one shall be a solicitor, and the other a professor at the law faculty.
Presidents of Court may not be electoral members of the High Judicial Council.
Tenure of office of the High Judicial Council’s members shall last five years, except for the members appointed ex officio.
A member of the High Judicial Council shall enjoy immunity as a judge.

Jurisdiction of the High Judicial Council
Article 154

The High Judicial Council shall appoint and relieve of judges, in accordance with the Constitution and the Law, propose to the National Assembly the election of judges in the first election to the post of judge, propose to the National Assembly the election of the President of the Supreme Court of Cassation as well as presidents of courts, in accordance with the Constitution and the Law, participate in the proceedings of terminating the tenure of office of the President of the Supreme Court of Cassation and presidents of courts, in the manner stipulated by the Constitution and the Law, and perform other duties specified by the Law.

Legal remedy
Article 155

An appeal may be lodged with the Constitutional Court against a decision of the High Judicial Council, in cases stipulated by the Law.

Proposal to amend the Constitution and adoption of the amendment to the Constitution
Article 203

A proposal to amend the Constitution may be submitted by at least one third of the total number of deputies, the President of the Republic, the Government and at least 150,000 voters.
The National Assembly shall decide on amending the Constitution.
A proposal to amend the Constitution shall be adopted by a two-third majority of the total number of deputies.
If the required majority of votes has not been achieved, the amending of the Constitution according to the issues contained in the submitted proposal which has not been adopted shall not be considered in the following twelve months.
In case the National Assembly adopts the proposal for amending the Constitution, an act on amending the Constitution shall be drafted, that is, considered.
The National Assembly shall adopt an act on amending the Constitution by a two-third majority of the total number of deputies and may decide to have it endorsed in the republic referendum by the citizens.
The National Assembly shall be obliged to put forward the act on amending the Constitution in the republic referendum to have it endorsed, in cases when the amendment of the Constitution pertains to the preamble of the Constitution, principles of the Constitution, human and minority rights and freedoms, the system of authority, proclamation the state of war and emergency, derogation from human and minority rights in the state of emergency or war or the proceedings of amending the Constitution.
When the act on amending the Constitution is put forward for endorsement, the citizens shall vote in the referendum within no later than 60 days from the day of adopting the act on amending the Constitution. The amendment to the Constitution shall be adopted if the majority of voters who participated in the referendum voted in favour of the amendment.
The act on amending the Constitution endorsed in the republic referendum shall come into force once promulgated by the National Assembly.
If the National Assembly does not decide to put forward the act on amending the Constitution for endorsement, the amendment of the Constitution shall be adopted by voting in the National Assembly, and the act on amending the Constitution shall come into force once promulgated by the National Assembly.

Constitutional law
Article 205

A constitutional law shall be enacted for the enforcement of the amendments to the Constitution.
A constitutional law shall be adopted by a two-third majority of the total number of deputies.

Article 206

This Constitution shall come into force on the day of its promulgation in the National Assembly.