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Constitution of the Republic of Serbia

I 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.

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