LAW ON THE COUNCIL OF MINISTERS ("Official Gazette of SM", No. 21/2003)

I INTRODUCTORY PROVISION

Article 1

The present Law shall regulate tasks of the Council of Ministers, position of members of the Council of Ministers and the relationship of the Council of Ministers toward the institutions of Serbia and Montenegro and the governments of the member states.

II TASKS OF THE COUNCIL OF MINISTERS

Article 2

Following shall be the tasks deriving from the jurisdiction of the Council of Ministers, as established by the Constitutional Charter of the state union Serbia and Montenegro:

(1) establishing and implementation of the policy of Serbia and Montenegro in conformity with the common policy and interests of the member states;

(2) coordination of work of the ministries of the Council of Ministers;

(3) proposing to the Assembly of Serbia and Montenegro laws and other acts within the jurisdiction of the ministries;

(4) nominating and relieving of office of heads of diplomatic and consular missions of Serbia and Montenegro and of other officials, in conformity with the law;

(5) enacting of subordinate legislation acts, decisions, and other general acts for the execution of laws of Serbia and Montenegro;

(6) performing other executive functions in conformity with the Constitutional Charter of the state union Serbia and Montenegro;

(7) tasks relating to organisation of the Council of Ministers and other matters relevant to the work of the Council of Ministers.

1. Establishing and Implementing the Policy of Serbia and Montenegro in Conformity with Common Policy and Interests of the Member States

Article 3

In accordance with the common policy and interests of the member states, the Council of Ministers shall establish and implement the policy of Serbia and Montenegro.

Common policy and interests of the member states shall be established by the Council of Ministers in the procedure of coordination of the bringing into accord, to be effected with the responsible authorities and institutions of the member states.

The coordination of bringing into accord, in the process of establishing and implementation of the policy of Serbia and Montenegro, shall be put into effect in the periodically instituted working bodies that may be formed in the ministries of the Council of Ministers, and which will include the representatives of these ministries and the representatives of responsible authorites and institutions of the member states on a parity basis.

Article 4

The Council of Ministers shall direct the development and advancement of relations between Serbia and Montenegro and other states and international organisations, by establishing and implementing the foreign policy of Serbia and Montenegro, in conformity with the Constitutional Charter of the state union Serbia and Montenegro on the grounds of international law.

In maintaining relations between Serbia and Montenegro and other states and international organisations, the Council of Ministers shall perform tasks within the jurisdiction of Serbia and Montenegro, as established by the Constitutional Charter of the state union Serbia and Montenegro.

Article 5

The Council of Ministers shall establish the policy of execution, provide the execution and directly execute the laws, subordinate legislation acts, decisions, and other general acts.

The Council of Ministers shall establish and implement the policy of execution of laws, subordinate legislation acts, decisions, and other general acts by taking stands of principle relevant to the uniform execution of these regulations and general acts by the ministries of the Council of Ministers.

2. Coordination of Work of Ministries of the Council of Ministers

Article 6

The Council of Ministers shall coordinate the work of ministries of the Council of Ministers by taking stands of principle relevant to drafting of proposals for the establishment and uniform implementation of the established policy, and/or uniform execution of laws, subordinate legislation acts, decisions and other general acts.

Collegiate bodies with parity representation of the member states may be established in the ministries of the Council of Ministers for the purpose of establishing and execution of the policy of Serbia and Montenegro, in conformity with the common policy and interests of the member states.

Article 7

The Council of Ministers shall coordinate the work of the ministries of the Council of Ministers by providing the functioning of agencies of administration, organisations and services, by settling the jurisdiction conflicts and other controversial issues arising between two or more agencies of administration in the sphere of performance of their jurisdiction and scope of activity, by combining the work of two or more ministries in carrying out specific tasks, and through considering and settling issues relevant to the work of two or more ministries of the Council of Ministers.

3. Proposing of Laws and other Acts within the Jurisdiction of the Ministries

Article 8

The Council of Ministers shall propose to the Assembly of Serbia and Montenegro laws and other acts within the jurisdiction of the ministries, in conformity with the policy of development, realisation and advancement of the legal system of Serbia and Montenegro and its harmonisation with the European and international standards.

Article 9

Should the Council of Ministers consider that the complexity and the importance of matters to be regulated by a law, require a preliminary debate of such matters, it may refer to the Assembly of Serbia and Montenegro the text of the draft law, for the purpose of exchanging opinions and taking stands on matters to be regulated by such law.

The Council of Ministers may submit a proposal to the Assembly of Serbia and Montenegro to hold, regarding the referred draft law, a public discussion among the interested commercial and other entities.

Should the Assembly of Serbia and Montenegro accept the holding of public discussion, the Council of Ministers shall determine the way of holding a public discussion and determine the agency to be responsible for it, and the time limit for the discussion to be carried out, that may not be shorter than 20 days nor longer than 60 days.

Article 10

The Council of Ministers may, until the commencement of voting, withdraw a draft of a law or other act submitted to the Assembly of Serbia and Montenegro for the purpose of debating and decision-making.

Article 11

The Council of Ministers shall express an opinion to the Assembly of Serbia and Montenegro about a draft of law or other act being submitted by a deputy to the Assembly of Serbia and Montenegro or by the Assembly of a member state.

4. Nomination and Relieve of Office of Heads of Diplomatic and Consular Missions of Serbia and Montenegro and of other Officials

Article 12

At the proposal of the minister of foreign affairs, the Council of Ministers shall nominate and relieve of office the heads of diplomatic and consular missions of Serbia and Montenegro.

The Council of Ministers shall nominate and relieve of office, at the proposal of the responsible ministry, and by considering the interests and the representation of member states, also other officials of the institutions of the state union Serbia and Montenegro, in conformity with the Constitutional Charter.

5. Enacting of Subordinate Legislation Acts, Decisions, and other General Acts for the Execution of Laws of Serbia and Montenegro

Article 13

The Council of Ministers shall ensure the execution of laws, subordinate legislation acts, decisions, and other general acts, by creating corresponding conditions for their timely and efficient execution.

Article 14

For the purpose of execution of laws and other acts of the Assembly of Serbia and Montenegro, the Council of Ministers shall enact decrees, decisions, and rulings.

A decree shall be a means to abolish agencies of administration, organisations and services of the Council of Ministers, to specify their organisation and scope of activity, the regulation of specific matters aimed at the execution of laws and other general acts of the Assembly of Serbia and Montenegro.

A decision shall be a means to prescribe measures of the Council of Ministers for the execution of laws and other general acts of the Assembly of Serbia and Montenegro, and to regulate other matters relevant to the performance of tasks of the Council of Ministers.

A ruling, as a general act, shall be a means by which the Council of Ministers shall regulate specific matters not regulated by another general act.

A ruling, as a single act, shall be a means for deciding on nomination and relieve of office of officials in the agencies of administration of the Council of Ministers, as well as on other matters concerning their status.

The Council of Ministers shall render a ruling also when deciding on annulling or abolishing a single act of a minister, and/or act of another agency or organisation managing official, and shall decide in administrative matters of ministries' acts.

For the purpose of decision-making in matters within its jurisdiction, the Council of Ministers may render conclusions by which standpoints and directives are determined for the work of ministries and other bodies of the Council of Ministers, by which tasks of these bodies are specified, as well as standpoints on other matters taken, within the scope of responsibility of the Council of Ministers, not subject to deciding by other acts.

6. Performing other Executive Functions in Conformity with the Constitutional Charter

Article 15

The Council of Ministers shall execute laws, subordinate legislation acts, decisions, and other acts by proceeding in administrative matters and deciding in other cases as specified by the law, or by taking specific measures it is authorised to by such law.

Article 16

The procedure in administrative matters within the jurisdiction of the Council of Ministers shall be conducted by a commission or another permanent working body to be established by the Council of Ministers.

The commission or another permanent working body shall have a chairman and a specified number of members.

After completing the procedure, the commission referred to in paragraph 1 of the present Article shall submit to the Council of Ministers a report in writing and a proposal of solution.

The provisions of paragraphs 1 and 3 of the present Article shall apply to the second-instance decision-making in administrative matters as well.

The conditions of work of the commission or the body referred to in paragraph 1 of the present Article shall be provided by the Council of Ministers.

7. Tasks Relating to Organisation of the Council of Ministers and other Matters Relevant to the Work of the Council of Ministers

Article 17

The Council of Ministers shall establish and abolish agencies of administration of the Council of Ministers, by considering the kind of tasks covered by the jurisdiction and the additional tasks, the scope of tasks emanating out of such jurisdiction, and the possibility of their financing from real receipts and expenses necessary for financing the jurisdiction and additional tasks entrusted to Serbia and Montenegro.

Article 18

The Council of Ministers shall enact regulations for the purpose of establishing the basic principles of internal organisation and systematisation of work posts in the agencies of administration of the Council of Ministers.

III POSITION OF MEMBERS OF THE COUNCIL OF MINISTERS

Article 19

The composition of the Council of Ministers shall encompass the president of Serbia and Montenegro and five ministers, who are members of the Council of Ministers.

Article 20

In course of his term of office, a member of the Council of Ministers may not be a judge or other official in state agencies and local self-government bodies.

In course of his term of office, a member of the Council of Ministers may not be engaged in honorary duty except by the approval of the Council of Ministers.

Article 21

A member of the Council of Ministers may not, in connection with his function, receive gifts, or in any other way directly acquire other benefits from legal and natural persons in Serbia and Montenegro or abroad.

Article 22

A member of the Council of Ministers shall be obliged to maintain a state or business secrecy, regardless of the manner of his becoming aware of such secrecy. The duty of maintaining the secrecy shall continue to be effective even after the expiration of the term of office.

The Council of Ministers may exempt a member of the Council of Ministers from a duty to maintain secrecy, after finding this not contrary to the interests of security and defense of the country.

Article 23

A member of the Council of Ministers may give a resignation.

A member of the Council of Ministers giving the resignation shall perform the function until the election of a new member of the Council of Ministers.

Article 24

A minister and his deputy shall be accountable to the Council of Ministers should, in exercising their duties, they fail to follow the policy established by the Council of Ministers, and/or directives and stands of principle of the Council of Ministers relating to the established policy, or should they, in the framework of their rights and duties, fail to provide the execution of laws, subordinate legislation acts, decisions, and other general acts.

The existence of the liability referred to in paragraph 1 of the present Article shall be established by the Council of Ministers.

Article 25

Should the liability of a minister or his deputy referred to in Article 24 of the present Law exist, the president of Serbia and Montenegro may point at relevant irregularities perpetrated in the work, or may propose to the Assembly of Serbia and Montenegro to relieve of office the minister or his deputy.

Article 26

The proposal for establishing the liability referred to in Article 24 of the present Law may be submitted by a member of the Council of Ministers.

The proposal for establishing liability must include reasons thereof, in order to make possible the establishment of liability.

Article 27

The procedure for establishing liability referred to in Article 24 of the present Law shall be considered urgent.

The procedure of establishing liability must include the opportunity for the minister or his deputy to speak out about the facts involved in raising the question of their liability, as well as to disclose information and necessary data relevant in the process of establishing possible liability.

Article 28

A resignation given shall not exclude the possibility of establishing the existence of liability referred to in Article 24 of the present Law.

Article 29

The president of Serbia and Montenegro may authorise a member of the Council of Ministers to act as his deputy in presiding the Council of Ministers, in the event of his absence or his being prevented to perform his duties.

Article 30

A member of the Council of Ministers shall have the right and a duty to participate in the work of the Council of Ministers and in the realisation of its jurisdiction.

A member of the Council of Ministers shall be entitled to take initiative before the Council of Ministers for treating any issue within its jurisdiction, and the Council of Ministers shall be bound to take stand regarding his initiatives.

IV RELATIONSHIP BETWEEN THE COUNCIL OF MINISTERS AND THE INSTITUTIONS OF SERBIA AND MONTENEGRO

1. Relationship between the Council of Ministers and the Assembly of Serbia and Montenegro

Article 31

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

Article 32

The Assembly of Serbia and Montenegro and its working bodies may request from the Council of Ministers information, data and notifications regarding the tasks from its jurisdiction and the work of ministries and other agencies of administration of the Council of Ministers.

A deputy in the Assembly of Serbia and Montenegro may request from the Council of Ministers also the data from the scope of activity of a ministry, another agency of administration, organisation and service of the Council of Ministers, necessary to him for direct performance of his functions.

2. Relationship between the Council of Ministers and the President of Serbia and Montenegro

Article 33

The president of Serbia and Montenegro shall preside over the Council of Ministers and shall guide its work.

Article 34

Should the Assembly of Serbia and Montenegro give a vote of non-confidence to the Council of Ministers, the status and position of the president of Serbia and Montenegro shall be subject to provisions of the Law on Election and Relieve of Office of the president of Serbia and Montenegro.

V RELATIONSHIP BETWEEN THE COUNCIL OF MINISTERS AND GOVERNMENTS OF THE MEMBER STATES

Article 35

The Council of Ministers, in conformity with the Constitutional Charter of the state union Serbia and Montenegro and after cooperating with governments of the member states, and by directing the regulation and realisation of the relations through coordination with the government of a member state, shall establish, carry out and harmonise the internal and foreign policies, in accordance with the interests of the member states.

VI OTHER MATTERS REGARDING THE WORK OF THE COUNCIL OF MINISTERS

Article 36

The work of the Council of Ministers shall be open to the general public.

The Council of Ministers shall provide the transparency of its work: by releasing information to the press and other public information media, publishing official editions, holding press conferences of members of the Council of Ministers with representatives of public information media, and by creating other conditions for informing the general public with decisions, standpoints and work of the Council of Ministers.

In accordance with the law, the Council of Ministers shall rule what data and materials prepared for consideration at the sessions of the Council of Ministers and its working bodies, or presented at these sessions, have to be maintained as secrecy, and/or what data and materials may be published or made available in other way to the general public only after the expiration of a specified period of time.

Article 37

The Council of Ministers shall enact the standing orders for its work.

The standing orders of the Council of Ministers shall regulate in details the organisation and ways of work and decision-making of the Council of Ministers, and the way of work of its working bodies, as well as other matters relevant to its work.

VII CONCLUDING PROVISION

Article 38

The present Law shall enter into force on the day following the day of its publication in the "Official Gazette of the SM".