- SECTION ONECONSTITUTION PRINCIPLES
- Republic of SerbiaArticle 1
- Sovereignty holdersArticle 2
- Rule of lawArticle 3
- Division of powerArticle 4
- Political partiesArticle 5
- Prohibition of the conflict of interestsArticle 6
- Coat of arms, flag and national anthemArticle 7
- Territory and borderArticle 8
- Capital CityArticle 9
- Language and scriptArticle 10
- Secularity of the StateArticle 11
- Provincial autonomy and local self-governmentArticle 12
- Protection of citizens and Serbs abroadArticle 13
- Protection of national minoritiesArticle 14
- Gender equalityArticle 15
- International relationsArticle 16
- Status of foreign nationalsArticle 17
- SECTION TWOHUMAN AND MINORITY RIGHTS AND FREEDOMS
- PART THREEECONOMIC SYSTEM AND PUBLIC FINANCES
- PART FOURCOMPETENCES OF THE REPUBLIC OF SERBIA
- PART FIVEORGANISATION OF GOVERNMENT
- 1. National AssemblyStatus of the National Assembly
- 2. The President of the RepublicStatus of the President of the Republic
- 4. Public Administration
- 3. Government
- 5. Civic Defender
- 6. The Army of Serbia
- 7. Courts
- 8. The High Judicial CouncilStatus, constitution and election
- 9. Public Prosecutor's Office
- PART SIXTHE CONSTITUTIONAL COURT
- PART SEVENTERRITORIAL ORGANISATION
- PART EIGHTCONSTITUTIONALITY AND LEGALITY
- PART NINEAMENDING THE CONSTITUTION
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
CONSTITUTION OF THE REPUBLIC OF SERBIA
SECTION ONE
CONSTITUTION PRINCIPLES
Republic of Serbia
Article 1
Republic of Serbia is a state of Serbian people and all citizens who live in it, based on the rule of law and social justice, principles of civil democracy, human and minority rights and freedoms, and commitment to European principles and values.
Sovereignty holders
Article 2
Sovereignty is vested in citizens who exercise it through referendums, people’s initiative and freely elected representatives.
No state body, political organization, group or individual may usurp the sovereignty from the citizens, nor establish government against freely expressed will of the citizens.
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.
Political parties
Article 5
The role of political parties in democratic shaping of the political will of the citizens shall be guaranteed and recognized.
Political parties may be established freely.
Activities of political parties aiming at forced overthrow of constitutional system, violation of guaranteed human or minority rights, inciting racial, national or religious hatred, shall be prohibited.
Political parties may not exercise power directly or submit it to their control.
Prohibition of the conflict of interests
Article 6
No person may perform a state or public function in conflict with their other functions, occupation or private interests.
The presence of conflict of interest and liability for its resolution shall be regulated by the Constitution and Law.
Coat of arms, flag and national anthem
Article 7
The Republic of Serbia shall have coat of arms, flag and national anthem.
The coat of arms of the Republic of Serbia shall be used in the form of the Large Coat of Arms and Small Coat of Arms.
The flag of the Republic of Serbia shall exist and be used as the National Flag and State Flag.
National anthem of the Republic of Serbia shall be official song "Bože pravde".
Appearance and use of the coat of arms, flag and national anthem shall be regulated by law.
Territory and border
Article 8
The territory of the Republic of Serbia is inseparable and indivisible.
The border of the Republic of Serbia is inviolable and may be altered in a procedure applied to amend the Constitution.
Capital City
Article 9
The capital city of the Republic of Serbia is Belgrade.
Language and script
Article 10
Serbian language and Cyrillic script shall be in official use in the Republic of Serbia.
Official use of other languages and scripts shall be regulated by the law based on the Constitution.
Secularity of the State
Article 11
The Republic of Serbia is a secular state.
Churches and religious communities shall be separated from the state.
No religion may be established as state or mandatory religion.
Provincial autonomy and local self-government
Article 12
State power is restricted by the right of citizens to provincial autonomy and local self-government.
The right of citizens to provincial autonomy and local self-government shall be subjected only to supervision of constitutionality and legality.
Protection of citizens and Serbs abroad
Article 13
The Republic of Serbia shall protect the rights and interests of its citizens in abroad.
The Republic of Serbia shall develop and promote relations of Serbs living abroad with the kin state.
Protection of national minorities
Article 14
The Republic of Serbia shall protect the rights of national minorities.
The State shall guarantee special protection to national minorities for the purpose of exercising full equality and preserving their identity.
Gender equality
Article 15
The State shall guarantee the equality of women and men and develop equal opportunities policy.
International relations
Article 16
The foreign policy of the Republic of Serbia shall be based on generally accepted principles and rules of international law.
Generally accepted rules of international law and ratified international treaties shall be an integral part of the legal system in the Republic of Serbia and applied directly.
Ratified international treaties must be in accordance with the Constitution.
Status of foreign nationals
Article 17
Pursuant to international treaties, foreign nationals in the Republic of Serbia shall have all rights guaranteed by the Constitution and law with the exception of rights to which only the citizens of the Republic of Serbia are entitled under the Constitution and law.
SECTION TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS
1. Fundamental Principles
Direct implementation of guaranteed rights
Article 18
Human and minority rights guaranteed by the Constitution shall be implemented directly.
The Constitution shall guarantee, and as such, directly implement human and minority rights guaranteed by the generally accepted rules of international law, ratified international treaties and laws. The law may prescribe manner of exercising these rights only if explicitly stipulated in the Constitution or necessary to exercise a specific right owing to its nature, whereby the law may not under any circumstances influence the substance of the relevant guaranteed right.
Provisions on human and minority rights shall be interpreted to the benefit of promoting values of a democratic society, pursuant to valid international standards in human and minority rights, as well as the practice of international institutions which supervise their implementation.
Purpose of constitutional guarantees
Article 19
Guarantees for inalienable human and minority rights in the Constitution have the purpose of preserving human dignity and exercising full freedom and equality of each individual in a just, open, and democratic society based on the principle of the rule of law.
Restriction of human and minority rights
Article 20
Human and minority rights guaranteed by the Constitution may be restricted by the law if the Constitution permits such restriction and for the purpose allowed by the Constitution, to the extent necessary to meet the constitutional purpose of restriction in a democratic society and without encroaching upon the substance of the relevant guaranteed right.
Attained level of human and minority rights may not be lowered.
When restricting human and minority rights, all state bodies, particularly the courts, shall be obliged to consider the substance of the restricted right, pertinence of restriction, nature and extent of restriction, relation of restriction and its purpose and possibility to achieve the purpose of the restriction with less restrictive means.
Prohibition of discrimination
Article 21