In view of the Proceeding Grounds for the Restructuring of Relations between Serbia and Montenegro, the Federal Assembly at the session of the Chamber of Citizens, held on 4 February 2003, and at the session of the Chamber of Republics, held on 4 February 2003, has passed:

THE DECISION
ON PROCLAIMING THE CONSTITUTIONAL CHARTER OF SERBIA AND MONTENEGRO STATE UNION

The Constitutional Charter of the Serbia and Montenegro State Union is hereby promulgated, after being adopted by the National Assembly of the Republic of Serbia at the session held on 23 January 2003, by the Assembly of the Republic of Montenegro at the session held on 29 January 2003, and by the Federal Assembly at the session of the Chamber of Citizens held on 4 Febriary 2003, and at the session of the Chamber of Republics, held on 4 February 2003.

*****

Proceeding from the equality of the two member states, the state of Montenegro, and the state of Serbia, which includes the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo, presently run by international administration under the United Nations Security Council Resolution 1244; On the basis of the Proceeding Grounds for the Restructuring of Relations between Serbia and Montenegro, of 14 March 2002,

The National Assembly of the Republic of Serbia, the Assembly of the Republic of Montenegro, and the Federal Assembly, hereby pass this

 

CONSTITUTIONAL CHARTER OF SERBIA AND MONTENEGRO STATE UNION ("Official Gazette of Serbia and Montenegro", No. 1/2003 and 26/2005 - Amendments I - III)

 

I

Name

Article 1

The name of the state union shall be Serbia and Montenegro.

Principle of Equality

Article 2

Serbia and Montenegro shall be founded on the equality between the two member states, the state of Serbia and the state of Montenegro.

Objectives

Article 3

The following shall be the objectives of Serbia and Montenegro:

- respecting the human rights of all persons within her jurisdiction;

- preserving and promoting human dignity, equality and the rule of law;

- integrating in European structures, and the European Union in particular;

- harmonising the legislation and practices with European and international standards;

- establishing a market economy based on the freedom of entrepreneurship, competition and social justice; and

- establishing and providing unhindered functioning of the common market on her territory through the coordination and harmonisation of the economic systems of the member states, in line with the European Union principles and standards.

State Insignia

Article 4

Serbia and Montenegro shall have a flag, an anthem and a coat-of-arms, that shall be regulated by the law of Serbia and Montenegro.

Territory

Article 5

Territory of Serbia and Montenegro shall consist of the territories of the member states of Serbia and Montenegro.

The boundary-line of Serbia and Montenegro shall be inviolable.

The boundary-line between the member states shall not be changed, unless by mutual consent.

Seat of Institutions

Article 6

The administrative center of Serbia and Montenegro shall be in Belgrade.

The seat of the Assembly of Serbia and Montenegro, and of the Council of Ministers shall be in Belgrade, and the seat of the Court of Serbia and Montenegro shall be in Podgorrica.

Citizenship

Article 7

A citizen of the member state shall be the citizen of Serbia and Montenegro as well.

A citizen of one member state shall have the same rights and duties in the other member state as her citizen, except for the right to voting.

II

The Charter of Human and Minority Rights and Freedoms of Citizens

Article 8

The Charter of Human and Minority Rights and Freedoms of Citizens, which shall be an integral part of the Constitutional Charter, shall be adopted under the procedure and in the mode specified for the adoption of the Constitutional Charter.

Exercising the Human and Minority Rights and Freedoms of Citizens

Article 9

Member states shall regulate, ensure and protect human and minority rights and freedoms of citizens on their territories.

The achieved level of human and minority rights, both individual and collective ones, and of freedoms of citizens, shall not be reduced.

Serbia and Montenegro shall monitor the exercising of human and minority rights and freedoms of citizens, and shall ensure their protection should the member states fail to ensure that protection.

Direct Implementation of International Treaties

Article 10

Provisions of international treaties on human and minority rights and freedoms of citizens valid on the territory of Serbia and Montenegro shall apply directly.

III

Principles of Market Economy

Article 11

Economic relations in Serbia and Montenegro shall be based on the market economy resting on free entrepreneurship, competition, liberal foreign trade policy, and the protection of ownership.

Serbia and Montenegro shall coordinate and harmonise the economic systems with the member states.

Common Market

Article 12

Serbia and Montenegro shall have a common market.

Member states shall be responsible for an unhindered functioning of the common market.

Feedom of Movement

Article 13

In Serbia and Montenegro the movement of people, goods, services, and capital shall be free.

Preventing the free flow of people, goods, services, and capital between the state of Serbia and the state of Montenegro shall be prohibited.

IV

International Subjectivity

Article 14

Serbia and Montenegro shall be a single international law subject and a member of international global and regional organisations whose membership is made conditional on international subjectivity.

Member states may be members of international global and regional organisations whose membership is not made conditional on international subjectivity.

Establishing and Maintaining International Relations

Article 15

Serbia and Montenegro shall establish international relations with other states and international organisations, and conclude international treaties and agreements.

Member states may maintain international relations, conclude international agreements and establish missions in other states, unless this is in contravention of the jurisdiction of Serbia and Montenegro and of the interests of the other member state.

Primacy of International Law

Article 16

Ratified international treaties and the generally accepted international law rules shall have the primacy over the law of Serbia and Montenegro and of the member states' law.

V

Regulation of the Jurisdiction of Serbia and Montenegro State Union

Article 17

Serbia and Montenegro shall have such competences as have been entrusted to her by the Constitutional Charter.

Member states can jointly entrust to Serbia and Montenegro the performance of additional responsibilities falling within their jurisdiction.

Financing the Jurisdiction Activities of Serbia and Montenegro State Union

Article 18

Member states shall provide for financial resources necessary for the performance of entrusted jurisdiction and additional responsibilities of Serbia and Montenegro.

VI

1. ASSEMBLY OF SERBIA AND MONTENEGRO

Jurisdiction

Article 19

The Assembly of Serbia and Montenegro shall decide on the Constitutional Charter, as a supreme legal act of Serbia and Montenegro, in the mode specified by the Constitutional Charter, and shall pass laws and other acts relating to:

- institutions established in conformity with the Constitutional Charter and with their functioning;

- implementaton of international law and conventions providing for the obligations of cooperation of Serbia and Montenegro with international courts;

- proclaiming and terminating the state of war after obtaining consent of the member states' assemblies;

- military matters and defence;

- membership of Serbia and Montenegro, as an international law entity, of international organisations, and the rights and duties arising from such membership, after obtaining consent of the competent bodies of the member states;

- definition of boundary-lines of Serbia and Montenegro, after obtaining consent of the assembly of the member state on whose territory the boundary-line is situated;

- matters relating of standardisation, intellectual property, weights and measures, precious metals, and statistics;

- policy of immigration, asylum, visa system and integrated state border management, in conformity with the European Union standards;

- ratification of international treaties and agreements of Serbia and Montenegro;

- annual revenues and expenditures necessary for financing the jurisdiction activities entrusted to Serbia and Montenegro, at the proposal of the competent member state bodies and the Council of Ministers;

- prevention and removal of obstacles to free flow of people, goods, services and capital within Serbia and Montenegro;

- the election of the president of Serbia and Montenegro and the Council of Ministers;

- flag, anthem, and coat-of-arms of Serbia and Montenegro.

The Assembly of Serbia and Montenegro shall perform other activities as well, within the jurisdiction of Serbia and Montenegro, as defined by the Constitutional Charter.

The Assembly of Serbia and Montenegro shall pass its rules of procedure.

Structure and Election

Article 201)

The Assembly of Serbia and Montenegro shall be unicameral and shall consist of 126 members, 91 of which from Serbia and 35 from Montenegro.

The members of the Assembly of Serbia and Montenegro shall be elected from each member state, in conformity with European and democratic standards, under the law of the member states. In course of the first two years after the adoption of the Constitutional Charter, the assembly members shall be elected indirectly and in proportion to their representation in the National Assembly of the Republic of Serbia and the Assembly of the Republic of Montenegro.

In the first election the assembly members shall be elected from amongst the members of the National Assembly of the Republic of Serbia, the Assembly of the Republic of Montenegro, and the Federal Assembly. Should a member state hold a parliamentary election in that period, the structure of its delegation in the Assembly of Serbia and Montenegro shall be adjusted in proportion to the election results.

After this initial period the members of the Assembly of Serbia and Montenegro shall be elected in popular vote.

The term of office of the assembly members shall be four years.

Speaker and Deputy Speaker of the Assembly of Serbia and Montenegro

Article 21

The Assembly shall elect, from amongst its members, a speaker and a deputy speaker of the Assembly of Serbia and Montenegro, who can not be from the same member state.

Incompatibility of Functions

Article 22

The speaker of the Assembly of Serbia and Montenegro and the president of Serbia and Montenegro can not be from the same member state.

Mode od Decision-Making

Article 23

The Assembly of Serbia and Montenegro shall pass decisions by a majority vote of all assembly members, with the proviso that the decision is voted for also by the majority of all assembly members from each member state.

Freedom of Speech and Immunity

Article 24

An assembly member shall enjoy the freedom of speech in the Assembly of Serbia and Montenegro and shall have immunity from prosecution for words spoken and for other acts performed in the capacity of an assembly member.

Without the approval of the Assembly of Serbia and Montenegro, an assembly member can not be called to account, detained or sentenced by a court, unless he/she has been caught in the act of committing a criminal offence which carries a sentence of over five years in prison.

The president of Serbia and Montenegro, members of the Council of Ministers and judges of the Court of Serbia and Montenegro shall enjoy the same immunity as the assembly members.

Right of Proposing Legislative Acts

Article 25

A proposal for a law to the Assembly of Serbia and Montenegro may be submitted by the Council of Ministers, an assembly member, and the Assembly of a member state.

2. PRESIDENT OF SERBIA AND MONTENEGRO

Jurisdiction

Article 26

The president of Serbia and Montenegro shall:

- represent Serbia and Montenegro in the country and abroad;

- chair the Council of Ministers and run its activities;

- propose to the Assembly of Serbia and Montenegro the make-up of the Council of Ministers and the dismissal of its members;

- be a member of the Supreme Defence Council;

- issue decrees on appointing and recalling of heads of diplomatic and consular missions of Serbia and Montenegro, and receive letters of credence and letters of recall from foreign diplomatic representatives;

- confer medals and other awards;

- promulgate laws passed by the Assembly of Serbia and Montenegro and regulations enacted by the Council of Ministers;

- call elections for the Assembly of Serbia and Montenegro; and

- peform other duties as provided for by the Constitutional Charter.

Selection

Article 27

The speaker and the deputy speaker of the Assembly of Serbia and Montenegro shall propose to the Assembly a candidate for president of Serbia and Montenegro.

Should the nominated candidate fail to win a majority of votes required, the speaker and the deputy speaker of the Assembly of Serbia and Montenegro shall nominate a new candidate within ten days.

Should this candidate, too, fail to win the necessary majority of votes, the Assembly of Serbia and Montenegro shall be dissolved and an election scheduled.

If the elected president of Serbia and Montenegro is from the same member state as the speaker of the Assembly of Serbia and Montenegro, the speaker and the deputy speaker of the Assembly of Serbia and Montenegro shall switch their functions.

The president of Serbia and Montenegro may not be two times consecutively from the same member state.

Procedure of electing and releasing from office of the president of Serbia and Montenegro shall be regulated by law.

Accountability

Article 28

The president of Serbia and Montenegro shall be accountable for his/her work to the Assembly of Serbia and Montenegro.

Term of Office

Article 29

The term of office of the president of Serbia and Montenegro shall be four years.

Termination of the Term of Office

Article 30

The term of office of the president of Serbia and Montenegro may be terminated prior to the expiration of the period of time he/she has been elected to, by resignation, dismissal and dissolution of the Assembly of Serbia and Montenegro.

The term of office of the president of Serbia and Montenegro shall be terminated by resignation after such resignation is acknowledged by the Assembly of Serbia and Montenegro.

Dismissal

Article 31

The Assembly of Serbia and Montenegro may dismiss the president of Serbia and Montenegro if it has been established that he/she violated the Constitutional Charter.

The violation of the Constitutional Charter shall be ascertained by the Court of Serbia and Montenegro.

Procedure for ascertaining the violation of the Constitutional Charter shall be instituted by the Assembly of Serbia and Montenegro.

Performing of Duties after the Termination of the Term of Office

Article 32

The president of Serbia and Montenegro whose term of office is terminated by the dissolution of the Assembly of Serbia and Montenegro shall continue to perform the duty until the election of a new president.

If the president of Serbia and Montenegro resigns or is dismissed, his/her duty shall be temporarily taken over, until the election of a new president of Serbia and Montenegro, by the deputy speaker of the Assembly of Serbia and Montenegro.

3. COUNCIL OF MINISTERS

Jurisdiction

Article 33

The Council of Ministers shall:

- formulate and conduct the policy of Serbia and Montenegro in conformity with the common policy and interests of the member states;

- coordinate the work of ministries;

- propose to the Assembly of Serbia and Montenegro laws and other acts falling within the jurisdiction of the ministries;

- appoint and dismiss the heads of diplomatic and consular missions of Serbia and Montenegro and other officials, in accordance with law;

- pass by-laws, decisions and other general acts required for the implementation of laws of Serbia and Montenegro; and

- perform other executive functions, in conformity with the Constitutional Charter.

Mode of Representation of Serbia and Montenegro

Article 34

In the missions of Serbia and Montenegro in international organisations, the United Nations, the Organisation for Security and Cooperation in Europe, the European Union, the Council of Europe, the member states shall be represented on a parity basis, by way of rotation.

The mode of representation of member states in international financial organisations shall be defined by the Council of Ministers, with the consent of the competent agencies of the member states.

The mode of representation of member states in the diplomatic and consular missions of Serbia and Montenegro shall be defined by the Council of Ministers, with the consent of the competent agencies of the member states.

Selection

Article 35

The president of Serbia and Montenegro shall propose to the Assembly of Serbia and Montenegro candidates for ministers of the Council of Ministers, and candidates for deputy foreign affairs minister and deputy defence minister.

Two candidates for minister shall be from the same member state as the president of Serbia and Montenegro, and three from the other member state.

Candidates for the minister for foreign affairs and the minister of defence shall be from different member states, as shall their deputies.

The Assembly shall vote for the list of candidates for the Council of Ministers.

Should the list fail to win the necessary majority of votes, the president may propose two more lists of candidates.

Should even in such a case the list of candidates fail to win the required majority of votes, the Assembly of Serbia and Montenegro, within 60 days from the date of proposing the first list of candidates, shall be dissolved and an election shall be called.

The procedure for election and termination of the term of office of the Council of Ministers shall be regulated by law.

Decision-Making Procedure

Article 36

The Council of Ministers shall take decisions by a majority of votes.

In the event of a tied vote, the casting vote shall be the president's vote, provided that at least one minister from the other member state voted in favour of the decision.

Accountability

Article 37

The Council of Ministers shall be accountable to the Assembly of Serbia and Montenegro.

Term of Office

Article 38

The ministers' term of office shall be four years.

Termination of the Term of Offcie

Article 39

The term of office of ministers and deputy ministers may be terminated prior to the expiration of the period of time they are elected to, by resignation, a vote of no confidence, dismissal, or by dissolution of the Assembly of Serbia and Montenegro.

Ministers and deputy ministers whose term of office has expired shall perform their functions until the election of the new ones.

Ministers

Article 40

The minister for foreign affairs shall carry out and be responsible for the conduct of foreign policy of Serbia and Montenegro, shall negotiate international treaties and propose to the Council of Ministers candidates for the heads of diplomatic and consular missions of Serbia and Montenegro.

The minister for foreign affairs shall coordinate the formulation of foreign policy with the competent agencies of the member states.

Article 41

The minister of defence shall coordinate and carry out the defined defence policy, and exercise command of the Army, in conformity with law and the powers of the Supreme Defence Council.

The minister of defence shall propose to the Supreme Defence Council candidates for appointment and shall appoint, promote and relieve of duty officers, in conformity with law.

The minister of defence shall be a cxivilian.

Article 42

After a two-year period the ministers for foreign affairs and defence shall switch their functions with their respective deputies.

Article 43

The minister for foreign economic relations shall be responsible for negotiating and coordinating the implementation of international treaties, including contractual relations with the European Union and the coordination of relations with international economic and financial institutions, following consultations with the competent ministers of the member states.

Article 44

The minister of internal economic relations shall be responsible for the coordination and harmonisation of the economic systems of the member states for the purpose of establishing an unhindered functioning of the common market, including a free flow of people, goods, services, and capital.

Article 45

The minister for human and minority rights shall monitor the exercising of human and minority rights and, together with competent agencies of the member states, shall coordinate the work concerning the implementation of and adherence to international conventions on the protection of human and minority rights.

4. THE COURT OF SERBIA AND MONTENEGRO

Jurisdiction

Article 46

The Court of Serbia and Montenegro shall:

- settle disputes between institutions of Serbia and Montenegro over the matters of their jurisdiction as specified in the Constitutional Charter;

- settle disputes between Serbia and Montenegro, and one or both member states, or between the two member states over the matters of their jurisdiction;

- decide on complaints by citizens, if no other legal remedy has been provided for, in the event an institution of Serbia and Montenegro has threatened their rights or freedoms guaranteed by the Constitutional Charter;

- decide on harmonisation of the constitutions of the member states with the Constitutional Charter;

- decide on harmonisation of the laws of Serbia and Montenegro with the Constitutional Charter;

- decide on harmonisation of the laws of the member states with the laws of Serbia and Montenegro;

- decide on legality of the finally binding administratve acts of the institutions of Serbia and Montenegro.

The Court shall take legal standpoints and express opinions relating to the standardisation of court practice.

Structure and Selection

Article 47

The Court of Serbia and Montenegro shall have an equal number of judges from both member states.

The judges of the Court of Serbia and Montenegro shall be elected to a six-year period by the Assembly of Serbia and Montenegro, at the proposal of the Council of Ministers.

The judges shall be law graduates with no less than 15 years of professional experience.

The judges may be elected only once.

The judges shall be independent in their work and shall not be relieved of duty before the expiration of the time they have been elected to, except for the cases specified by law.

Court Rulings

Article 48

Rulings of the Court of Serbia and Montenegro shall be binding and with no right of appeal.

The Court shall be authorised to invalidate laws, other regulations and acts of the institutions of Serbia and Montenegro that are in contravention to the Constitutional Charter and the laws of Serbia and Montenegro.

Operation of the Court

Article 49

When an assessment is made of the harmonisation of laws or jurisdiction of the member states with the laws or jurisdiction of Serbia and Montenegro, or between the member states, judges of the constitutional courts of the member states, as well, shall participate and take decisions in the relevant session of the Court of Serbia and Montenegro.

When an assessment is made of the harmonisation of the constitution, laws or jurisdiction of a member state with the Constitutional Charter, laws or jurisdiction of Serbia and Montenegro, judges of the Constitutional Court of that member state, as well, shall participate and take decisions in the relevant session of the Court of Serbia and Montenegro.

Organisation, Functioning and Decision-Making Procedure

Article 50

Organisation, functioning and the decision-making procedure of the Court of Serbia and Montenegro shall be regulated by law.

VII

Harmonisation of Legal Acts

Article 51

The Constitutional Charter, laws and jurisdiction of Serbia and Montenegro, and laws and jurisdiction of the member states have to be harmonised.

Coming into Effect

Article 52

The laws and other general acts of the institutions of Serbia and Montenegro shall come into effect eight days after they have been published, at the earliest.

Exceptionally, where reasons thereof exist, specified in the procedure of the enactment, a law and other general acts of the institutions of Serbia and Montenegro may come into effect on the day they have been published, at the earliest.

Retroactive Effect

Article 53

Laws and other general acts of the institutions of Serbia and Montenegro shall have no retroactive effect.

Exceptionally, specific provisions of a law may have retroactive effect if the public interest as specified in the procedure of enactment of the law so requires.

VIII

Army of Serbia and Montenegro

Article 54

Serbia and Montenegro shall have the Army that shall be under democratic and civilian control.

Task of the Army of Serbia and Montenegro

Article 55

The task of the Army shall be the defence of Serbia and Montenegro, in conformity with the Constitutional Charter and the principles of international law governing the rule of force.

A defence strategy shall be adopted by the Assembly of Serbia and Montenegro, in conformitiy with law.

The Supreme Defence Council

Article 56

The Supreme Defence Council shall be the supreme commander of the Army, deciding upon the use of the Armiy of Serbia and Montenegro.

The Supreme Defence Council shall have as members the president of Serbia and Montenegro and the presidents of the member states.

The Supreme Defence Council shall pass decisions by consensus.

Serving in the Army

Article 57

Conscripts shall serve in the Army in the territory of the member state whose nationals they are, with the possibility of serving in the territory of the other member state at their own free will.

Refusing to Serve on the Grounds of Conscience

Article 58

Conscripts shall be guaranteed the right to be conscientious objectors.

IX

Property of Serbia and Montenegro

Article 59

The property of the Federal Republic of Yugoslavia necessary for the work of institutions of Serbia and Montenegro shall be the property of Serbia and Montenegro.

The property of the Federal Republic of Yugoslavia abroad shall be the property of Serbia and Montenegro.

The property of the Federal Republic of Yugoslavia in the territory of the member states shall be the property of the member states on the ground of the territorial principle.

Withdrawal from the Serbia and Montenegro State Union

Article 602)

Upon the expiry of a three-year period the member states shall have the right to initiate the procedure for changing the state status, i..e. of withdrawal from the Serbia and Montenegro State Union.

The decision to withdraw from the Serbia and Montenegro State Union shall be made after a referendum.

The law on the referendum shall be enacted by a member state taking into account internationally recognised democratic standards.

In the event of Montenegro withdrawing from the Serbia and Montenegro State Union, the international documents relating to the Federal Republic of Yugoslavia, particularly the United Nations Security Council Resolution 1244, would pertain and apply fully to the state of Serbia, as its successor.

A member state that has exercised the right to withdraw shall not inherit the right to international law subjectivity, and all disputed matters shall be regulated particularly between the successor state and the state that has become independent.

If both member states decide in a referendum procedure for the change of the state status, i.e. independence, all disputed matters shall be resolved in the succession procedure, as has been the case with the former Socialist Federal Republic of Yugoslavia.

X

Adoption of the Constitutional Charter

Article 61

The Constitutional Charter shall be passed by the National Assembly of the Republic of Serbia and the Assembly of the Republic of Montenegro in the identical wording, and shall come into effect when such text is adopted and promulgated in the Federal Assembly.

Amending the Constitutional Charter

Article 62

Amendments to the Constitutional Charter shall be made under the procedure and in the mode applied in the procedure of passing the Constitutional Charter.

XI

Transfer of Rights and Duties

Article 63

After coming into effect of the present Constitutional Charter, all the rights and obligations of the Federal Republic of Yugoslavia shall be transferred to Serbia and Montenegro, pursuant to the Constitutional Charter.

Application of Laws of the Federal Republic of Yugoslavia

Article 64

The laws of the Federal Republic of Yugoslavia concerning the affairs of Serbia and Montenegro shall be applied as the laws of Serbia and Montenegro.

The laws of the Federal Republic of Yugoslavia outside the affairs of Serbia and Montenegro shall apply as the laws of the member states until the enactment of new regulations by the member states, except for the laws that shall not apply pursuant to decision of the assembly of the member state.

Harmonisation with the the Constitutional Charter

Article 65

Member states shall amend their respective constitutions or enact new constitutions for the purpose of their harmonisation with the Constitutional Charter, within six months after the date of adoption of the Constitutional Charter.

Transfer of Jurisdiction

Article 66

Jurisdiction of military courts, public prosecutor's offices and public legal offices shall be transferred to agencies of the member states, in conformity with law.

XII

The Law on the Implementation of the Constitutional Charter

Article 67

The Law on the Implementation of the Constitutional Charter shall be passed in the same manner as and simultaneously with the Constitutional Charter.

 

AMENDMENTS TO THE CONSTITUTIONAL CHARTER OF SERBIA AND MONTENEGRO STATE UNION

("Official Gazette of the SCG", No. 26/2005)

 

AMENDMENT I

1. Direct elections for the Assembly of Serbia and Montenegro shall be held separately, in both Member States, at the time of holding the elections for the republic parliaments. Mandates of the present-day deputies in the Assembly of Serbia and Montenegro shall be extended until the holding of these elections.

2. The present Amendment shall supplement Article 20 of the Constitutional Charter.

AMENDMENT II

1. The regulatory rules on possible referendum must be based on the internationally recognized democratic standatrds. The Member State that organises the referendum shall cooperate with the European Union on respecting the international democratic standards, as provided for by the Constitutional Charter.

2. The present Amendment shall supplement paragraph 3 of Article 60 of the Constitutional Charter.

AMENDMENT III

1. A particular law shall be passed for the implementation of Amendments I and II.