Serbia is a landlocked country in Europe, bordering Hungary, Romania, Bulgaria, North Macedonia, Montenegro, Croatia, and Bosnia and Herzegovina. The population of this country is approx 66,05,000 with 88,499 square kilometers area. Ethnically, 84.4% are Serb, 2.6% Hungarian, 2.2% Bosnian, 1.2% Roma, and 9.6% are not interested in revealing their ethnic identity. 86.6% beleives in Christianity, and almost all of them are the follower of Serbian Orthodoxy. There are 4.2% Muslims, 1.1% non-beleiver, 0.1% others, and rest 8.0% are not interested in revealing their religious identity. The official language is Serbian.
Everyone shall have the right to the free development of his or her personality, provided that this does not violate the rights of others guaranteed by the Constitution. Human cloning is prohibited. If new, very important evidence is discovered in a disposed case, the proceedings may be reopened. Any incitement to ethnic, religious or other discrimination or hatred is prohibited and punishable. The right to birth registration of every child is guaranteed. A concept of an interim caretaker government is present in Serbia.
These are positive aspects. Now let's discuss the negative aspects.
Minimum 30,000 voters are able to propose a general law together. Theoretically, this is correct. But the population of Serbia is about 66,05,000, and won't this number increase or decrease? What's the problem with directly stating percentages? If the population of Serbia decreases or increases by two million, will at least 30,000 voters still be needed to propose a general law?
What's even more strange is that several institutions, apart from members of parliament and citizens, are constitutionally allowed to propose general laws. This part is not compatible with democracy.
Admirable Articles of Serbia's Constitution
Article 3. Rule of law
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.
Article 11. Secularity of the State
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.
Article 15. Gender equality
The State shall guarantee the equality of women and men and develop equal opportunities policy.
Article 23. Dignity and free development of individuals
Human dignity is inviolable and everyone shall be obliged to respect and protect it.
Everyone shall have the right to free development of his personality if this does not violate the rights of others guaranteed by the Constitution.
Article 24. Right to life
Human life is inviolable.
There shall be no death penalty in the Republic of Serbia.
Cloning of human beings shall be prohibited.
Article 34. Legal certainty in criminal law
No person may be held guilty for any act which did not constitute a criminal offense under law or any other regulation based on the law at the time when it was committed, nor shall a penalty be imposed which was not prescribed for this act.
The penalties shall be determined pursuant to a regulation in force at the time when the act was committed, save when subsequent regulation is more lenient for the perpetrator. Criminal offenses and penalties shall be laid down by the law.
Everyone shall be presumed innocent for a criminal offense until convicted by a final judgment of the court.
No person may be prosecuted or sentenced for a criminal offense for which he has been acquitted or convicted by a final judgment, for which the charges have been rejected or criminal proceedings dismissed by final judgment, nor may court ruling be altered to the detriment of a person charged with criminal offense by extraordinary legal remedy. The same prohibitions shall be applicable to all other proceedings conducted for any other act punishable by law.
In special cases, reopening of proceedings shall be allowed in accordance with criminal legislation if evidence is presented about new facts which could have influenced significantly the outcome of proceedings had they been disclosed at the time of the trial, or if serious miscarriage of justice occurred in the previous proceedings which might have influenced its outcome.
Criminal prosecution or execution of punishment for a war crime, genocide, or crime against humanity shall not be subject to statute of limitation.
Article 40. Inviolability of home
A person's home shall be inviolable.
No one may enter a person's home or other premises against the will of their tenant nor conduct a search in them. The tenant of the home or other premises shall have the right to be present during the search in person or through his legal representative together with two other witnesses who may not be under age.
Entering a person's home or other premises, and in special cases conducting search without witnesses, shall be allowed without a court order if necessary for the purpose of immediate arrest and detention of a perpetrator of a criminal offense or to eliminate direct and grave danger for people or property in a manner stipulated by the law.
Article 44. Churches and religious communities
Churches and religious communities are equal and separated from the state.
Churches and religious communities shall be equal and free to organize independently their internal structure, religious matters, to perform religious rites in public, to establish and manage religious schools, social and charity institutions, in accordance with the law.
Constitutional Court may ban a religious community only if its activities infringe the right to life, right to mental and physical health, the rights of child, right to personal and family integrity, public safety and order, or if it incites religious, national or racial intolerance.
Article 48. Promotion of respect for diversity
The Republic of Serbia shall promote understanding, recognition and respect of diversity arising from specific ethnic, cultural, linguistic or religious identity of its citizens through measures applied in education, culture and public information.
Article 49. Prohibition of inciting racial, ethnic and religious hatred
Any inciting of racial, ethnic, religious or other inequality or hatred shall be prohibited and punishable.
Article 53. Right to participate in management of public affairs
Citizens shall have the right to take part in the management of public affairs and to assume public service and functions under equal conditions.
Article 55. Freedom of association
Freedom of political, union and any other form of association shall be guaranteed, as well as the right to stay out of any association.
Associations shall be formed without prior approval and entered in the register kept by a state body, in accordance with the law.
Secret and paramilitary associations shall be prohibited.
Constitutional Court may ban only such associations the activity of which is aimed at violent overthrow of constitutional order, violation of guaranteed human or minority rights, or inciting of racial, national and religious hatred.
Judges of Constitutional Court, judges, public prosecutors, Defender of Citizens, members of police force and military persons may not be members of political parties.
Article 62. Right to enter into marriage and equality of spouses
Everyone shall have the right to decide freely on entering or dissolving a marriage.
Marriage shall be entered into based on the free consent of man and woman before the state body.
Contracting, duration or dissolution of marriage shall be based on the equality of man and woman.
Marriage, marital and family relations shall be regulated by the law.
Extramarital community shall be equal with marriage, in accordance with the law.
Article 64. Rights of the child
A child shall enjoy human rights suitable to their age and mental maturity.
Every child shall have the right to personal name, entry in the registry of births, the right to learn about its ancestry, and the right to preserve his own identity.
A child shall be protected from psychological, physical, economic and any other form of exploitation or abuse.
A child born out of wedlock shall have the same rights as a child born in wedlock.
Rights of the child and their protection shall be regulated by the law.
Article 66. Special protection of the family, mother, single parent and child
Families, mothers, single parents and any child in the Republic of Serbia shall enjoy special protection in the Republic of Serbia in accordance with the law.
Mothers shall be given special support and protection before and after childbirth.
Special protection shall be provided for children without parental care and mentally or physically handicapped children.
Children under 15 years of age may not be employed, nor may children under 18 years of age be employed at jobs detrimental to their health or morals.
Article 83. Freedom of entrepreneurship
Entrepreneurship shall be permitted.
Entrepreneurship may be restricted by the Law, for the purpose of protection of people's health, environment and natural goods and security of the Republic of Serbia.
Article 120. Replacement of the President of the Republic
When the President of the Republic is prevented from performing his/her duties or his/her term of office ends before the expiry of the period of time for which he or she has been elected, he or she shall be replaced by the Chairman of the National Assembly.
The Chairman of the National Assembly may replace the President of the Republic for maximum three months.
The Chairman of the National Assembly shall be obliged to schedule elections for the President of the Republic so that they are held not later than three months from the beginning of indisposition of the President of the Republic, that is the end of his/her term of office for which he or she has been elected.
Article 126. Incompatibility of functions
Member of the Government may not be a deputy in the National Assembly, deputy in the Assembly of the autonomous province and representative in the Assembly of the local self-government units, nor may he or she be a member of the executive council of the autonomous province or executive body of the local self-government unit.
Other functions, actions or private interests which are incompatible with the position of a member of the Government shall be stipulated by the Law.
Article 152. Incompatibility of judiciary function
A judge shall be prohibited to engage in political actions.
Other functions, actions or private interests which are incompatible with the judiciary function shall be stipulated by the Law.
Facts of Serbia's Constitution
Article 107. Right to propose laws
A right to propose laws, other regulations and general acts shall belong to every deputy, the Government, assemblies of autonomous provinces or at least 30,000 voters.
The Civic Defender and National Bank of Serbia shall have a right to propose laws falling within their competence.
