The current Constitution of the Republic of Serbia (
Serbian: Устав Републике Србије / Ustav Republike Srbije), also known as Mitrovdan Constitution (
Serbian: Митровдански устав / Mitrovdanski ustav) was adopted in 2006, replacing the previous
constitution dating from 1990.[1] The adoption of new constitution became necessary in 2006 when Serbia became independent 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.
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.[2] Among the differences between the current and previous constitution are:
Only private, corporate and public property is acknowledged; social assets shall cease to exist.
Special protection for the rights of consumers, mothers, children and minorities, with any new rights achieved since the enactment of the Constitution being entrenched so as that "the attained level of human and minority rights may not be lowered".
Greater freedom of information.
Marriage is defined as the "union between a man and a woman"
Slavery, indentured servitude and forced labour are explicitly forbidden, with an exception for voluntary, compensated penal work, conscript service and during a period of war.
The death penalty is explicitly forbidden.
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.[3]
"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:
Constitution of
Serbian Despotate,
Mining Code , enacted by Despot
Stefan Lazarević in 1412, formulated earlier in 1390, additions to previous Emperor Dušan’s Constitution incorporating early 15th century Serbian Mining Laws.