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V Republic Agencies
The National Assembly
Article 73
The National Assembly shall:
1) decide on amending the Constitution;
2) enact Iaws, other regulations and general enactments;
3) enact development plan, town and country planning document budget and annual
balance sheet;
4) make draft of decision relating to the change of boundaries of the Republic of Serbia;
5) determine the territorial organisation in the Republic of Serbia;
6) decide on war and peace;
7) ratify international treaties;
8) announce a republic referendum;.
9) announce republic public loan, and decide on contracting debts by the Republic of
Serbia;
10) elect and dismiss: the president and vice-presidents of the National Assembly; the
prime minister, deputy prime ministers and ministers in the Government; the president
and justices of the Constitutional Court, the Supreme Court and other courts; the
republic public prosecutor and public prosecutors; the governor of the National Bank
and other high-ranking officials as specified by law;
11) effect control over the work of the Government and other agencies, and high-ranking
officials responsible to the National Assembly, in accordance with the Constitution and
law;
12) grant amnesty for criminal offences;
13) perform other activities in accordance with the Constitution.
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 or 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.
Article 78
The National Assembly elects the president and vice-presidents from among the
representative5, for a four year term.
The president represents the National Assembly and performs other affairs as provided
by the Constitution, the law and the standing orders.
The president of the National Assembly calls for the election for the representatives and
for the President of the Republic
Article 79
The National Assembly shall convene two times a year regularly.
The first regular session shall begin on the first working day in March, and the second
regular session shall begin on the first working day in October. A regular session may
not exceed 90 days.
The National Assembly shall convene in extraordinary session upon the demand of not
less than one third of the total number of representatives, or on the demand of the
Government, with an agenda prepared in advance.
The National Assembly shall convene without being called in case of declaring a state
of emergency in any part of the territory of the Republic of Serbia.
Article 80
The National Assembly shall reach decisions by majority vote in a session attended by
the majority of the total number of representatives, unless a special majority is required
by the Constitution.
The right to introduce bills, other regulations or general enactments shall be vested in
the Government, every representative, the assembly of the autonomous province or no
fewer than 15,000 voters.
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.
Article 82
The National Assembly shall regulate its work and organisation, as well as the way of
putting into effect the rights and duties of the representatives.
The President of the Republic
Article 83
The President of the Republic shall:
1) propose to the National Assembly a candidate for the post of prime minister after
hearing the opinion of the representative of the majority in the National Assembly;
2) propose to the National Assembly the candidates for the president and the justices
of the Constitutional Court;
3) promulgate the laws by ordinance;
4) conduct affairs in the sphere of relations between the Republic of Serbia and other
states and international organisations in accordance with law;
5) command the Armed Forces in peacetime and in war. and the popular resistance in
war; order the general and partial mobilization; organize the preparations for defense in
accordance with law;
6) if the National Assembly is not in a position to meet and after obtaining an opinion
from the prime minister, establish the fact of existence of an immediate danger of war
or proclaim the state of war;
7) at his own initiative or at the proposal of the Government during a state of war or
immediate danger of war, pass the enactments relating to questions falling within the
competence of the National Assembly, provided his being bound to submit them to the
National Assembly for approval as soon as it is in a position to meet. By way of the
enactments promulgated during the state of war it shall be possible to restrict some
freedoms and rights of man and citizen, and to alter the organisation, composition and
powers of the Government and of the ministries, courts of law, and public prosecutor's
offices;
8) at the proposal of the Government, if the security of the Republic of Serbia, the
freedoms and rights of man and citizen or the work of State bodies and agencies are
threatened in a part of the territory of the Republic of Serbia, proclaim the state of
emergency, and issue acts for taking measures required by such circumstances, in
accordance with the Constitution and law;
9) grant pardons;
10) confer decorations and awards as provided for by law;
11) establish professional and other kinds of services to conduct affairs falling within his
jurisdiction;
12) conduct other affairs in accordance with the Constitution.
Article 84
The President of the Republic shall promulgate a law by ordinance within seven days of
its adoption in the National Assembly. Within this time the President of the Republic
may demand from the National Assembly to vote again on the law.
The President of the Republic shall be bound to promulgate a law passed for the
second time in the National Assembly.
Article 85
The President of the Republic may request from the Government to state its viewpoints
concerning. some questions falling within its jurisdiction.
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 3 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 A 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 beld 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.
Article 89
At the proposal of the Government containing justified grounds, the President of the
Republic may decide that the National Assembly be dissolved.
With the dissolution of the National Assembly the Government's mandate shall also be
terminated.
In the event of the dissolution of the National Assembly, the election for a new National
Assembly must be held within 60 days of its dissolution.
The National Assembly may not be dissolved during a state 'of war, an immediate
threat of war or a state of emergency.
The Government
Article 90
The Government shall:
1) conduct the policy of the Republic of Serbia and execute laws, other regulations and
general enactments of the National Assembly in accordance with the Constitution;
2) enact decrees, decisions and other acts necessary for the enforcement of laws;
3) propose the development plan, urban and country planning document, budget and
the annual balance sheet;
4) propose laws, other regulations and general enactments;
5) determine principles for the internal organisation of ministries and other
administrative agencies and special organisations; appoint and dismiss high-ranking
officials in the ministries and special organisations;
6) guide and coordinate the work of ministries and special organisations;
7) effect supervision over the work of ministries and special organisations; annul or
abolish their regulations which are at variance with the laws and regulations enacted by
the Government;
8) express opinions relating to drafts of laws and other regulations or general
enactments submitted to the National Assembly by another sponsor;
9) establish professional and other kinds of services to discharge its duties;
10) attend to other busine5s in accordance with the Constitution and law.
Article 91
The Government is composed of the prime minister, deputy prime ministers and
ministers.
The prime minister and deputy prime ministers of the Government or ministers who are
elected from among the representatives, shall keep their mandate of representative.
The organisation and method of work and decision-making of the Government shall be
regulated by law and the standing orders.
The prime minister, deputy prime ministers, and ministers shall enjoy the immunity as
representatives. The immunity of the prime minister, deputy prime ministers and
ministers shall be decided upon by the Government.
Article 92
The candidate for the post of prime minister shall present his program and propose the
list of ministers of his Government to the National Assembly.
The Government shall be deemed elected if its election has been approved by vote of
the majority of the total number of representatives.
After each constitution of a newly elected National Assembly, a new Government shall
be elected.
Article 93
The Government and each of its members shall be responsible for their work to the
National Assembly.
The National Assembly may vote no confidence in the Government or in one of its
members.
The proposal for a no confidence vote in the Government or in one of its rnembers may
be submitted by no 1'eałer than 1 representatives.
A vote of no confidence in the Government may be held only three days after submitting
the proposal to vote no confidence.
The Government may itself ask for a vote of confidence in the National Assembly.
The prime minister may propose to the National Assembly the dismissal of individual
members of the Government.
The decision on dismissal of the Government or of any of its members shall be deemed
adopted if it has been voted by the majority of the total number of representatives.
The Government and each of its members may submit their resignation to the National
Assembly The resignation or dismissal of the prime minister shall entail the
resignation of the entire Government.
A Government which has been voted no confidence, which has resigned, or whose
mandate has been revoked because of the dissolution of the National Assembly, shall
remain in office until the election of a new Government.
Article 94
The affairs of the State administration shall be conducted by ministries.
The ministries shall implement the laws and other regulations and general enactments
of the National Assembly and the Government, as well as the general enactments of
the President of the Republic, shall decide in administrative matters, carry out
supervision and attend to other administrative business as provided for by law.
Ministries are independent in exercising their competence as specified by the
Constitution and law.
For the carrying out of specific administrative affairs, departments shall be established
within the ministries, and special organisation shall be set up to attend to particular
professional matters.
Organisation and competence of the ministries, their departments and special
organisations shall be established by law.
Specific administrative powers may be entrusted by law;, to enterprises and other
organisations.
Courts of Law, and Public Prosecutor's Offices
Article 95
The courts of law protects the freedoms and rights of citizens, rights and interests of
individuals and legal entities established' by law, and provide for the observance of
constitutionality and legality.
Article 96
The courts of law are autonomous and independent in their work and shall adjudicate on
the ground of the Constitution, law, and other general enactments.
No one participating in adjudication shall be held responsible for an opinion expressed
in the passing of a judgment, nor can anyone be detained in proceedings instituted due
to a criminal offence committed in performing judicial function without the approval of
the National Assembly.
Article 97
Trial at the court shall be public.
For the purpose of preserving a secret, protecting morals and the interests of minors, or
protecting other public interests, the law shall specify the cases in which the public
may be excluded from a trial at the court
Article 98
Court shall adjudicate in a chamber.
In matters specified by law, specific cases may be decided upon by a single judge.
Article 99
Trial at the court shall be attended by judges and jurors, in a manner established by
law.
It may be prescribed by law that in specific courts and in particular matters judges shall
adjudicate alone.
Article 100
A judge may not engage in a service or a job which are deemed by law to be
incompatible with the judicial function.
Article 101
Judges shall have a life tenure.
A judge's tenure of office shall terminate at his own request or when he meets
conditions for retirement as specified by law.
A judge may not be dismissed against his will, except when he has been convicted of a
criminal offence to an unconditional penalty of imprisonment for no less than six
months; or of a criminal offence which makes him unsuitable to perform judicial
function, or when he performs his judicial function unprofessionaIly and
unconscientiously, or when he has permanently lost. the working capacity for
performing judicial function.
The Supreme Court shall establish in accordance with law whether grounds exist for the
termination of judge's tenure of office or for dismissal of a judge, and shall inform the
National Assembly accordingly.
A judge may riot be transferred to another post against his will.
Article 102
The organisation, establishment, jurisdiction, and composition of courts, and the
procedure at the courts, shall be specified by law.
The Supreme Court of Serbia shall be the highest court in the Republic of Serbia.
Article 103
A public prosecutor's office shall be an independent State agency which prosecutes the
perpetrators of criminal offences and other punishable acts specified by law, and
applies legal remedies in order to protect constitutionality and legality
The public prosecutors office shall perform its function on the ground of the Constitution
and law.
A public prosecutor shall not be held responsible for an opinion expressed while
performing his function as public prosecutor, and he shall not be detained without the
approval of the National Assembly in the proceedings instituted due to a criminal
offence committed while performing the prosecutor's function
Article 104
Establishment, organisation and competences of a public prosecutor's office shall be
determined by law.
The republic public prosecutor shall perform the function of the public prosecutor's office
within the jurisdiction of the Republic of Serbia.
Article 105
A public prosecutor may not engage in a service or take a job which are specified by
law as incompatible with his function.
Article 106
Public prosecutor shall have a life tenure. A public prosecutor's tenure of office shall not
terminate nor may he be dismissed against his will, except in cases provided for a
judge, and in the manner specified by law.
The National Bank
Article 107
The Republic of Serbia shall have a National Bank. The status, organisation
management and conducting business of the National Bank shall be determined by
law.
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