Serbia 2006 Constitution

PART 5. ORGANIZATION OF GOVERNMENT

1. National Assembly

Article 98. Status of the National Assembly

The National Assembly shall be the supreme representative body and holder of constitutional and legislative power in the Republic of Serbia.

Article 99. Competences

The National Assembly shall:

1. adopt and amend the Constitution,
2. decide on changes concerning borders of the Republic of Serbia,
3. call for the Republic referendum,
4. ratify international contracts when the obligation of their ratification is stipulated by the Law,
5. decide on war and peace and declare state of war and emergency,
6. supervise the work of security services,
7. enact laws and other general acts within the competence of the Republic of Serbia,
8. give previous approval for the Statute of the autonomous province,
9. adopt defense strategy,
10. adopt development plan and spatial plan,
11. adopt the Budget and financial statement of the Republic of Serbia, upon the proposal of the Government,
12. grant amnesty for criminal offenses.

Within its election rights, the National Assembly shall:

1. elect the Government, supervise its work and decide on expiry of the term of office of the Government and ministers,
2. appoint and dismiss judges of the Constitutional Court,
3. appoint the President of the Supreme Court of Cassation, presidents of courts, Republic Public Prosecutor, public prosecutors, judges and deputy public prosecutors, in accordance with the Constitution,
4. appoint and dismiss the Governor of the National Bank of Serbia and supervise his/her work,
5. appoint and dismiss the Civic Defender and supervise his/her work,
6. appoint and dismiss other officials stipulated by the Law.

The National Assembly shall also perform other functions stipulated by the Constitution and Law.

Article 100. Constitution of the National Assembly

The National Assembly shall consist of 250 deputies, who are elected on direct elections by secret ballot, in accordance with the Law.

In the National Assembly, equality and representation of different genders and members of national minorities shall be provided, in accordance with Law.

Article 101. Election of deputies and constitution of the National Assembly

Elections for deputies shall be called by the President of the Republic, 90 days before the end of the term of office of the National Assembly, so that elections are finished within the following 60 days.

The first session of the National Assembly shall be convened by the Chairman of the National Assembly from the previous session, so that the session is held not later than 30 days from the day of declaring the final election results.

At the first session, the National Assembly shall confirm deputies’ terms of office.

The National Assembly shall be constituted by confirmation of terms of office of the two thirds of deputies.

Against the decision made in relation to confirmation of terms of office, an appeal may be lodged before the Constitutional Court, which decides on it within 72 hours.

By means of confirming terms of office of the two thirds of deputies, the term of office of the previous session of the National Assembly shall end.

Article 102. Status of Deputies

The term of office of the deputy shall begin on the day of confirmation of terms of office in the National Assembly and last four years, that is until the expiry of terms of office of deputies of that session of the National Assembly.

Under the terms stipulated by the Law, a deputy shall be free to irrevocably put his/her term of office at disposal to the political party upon which proposal he or she has been elected a deputy.

Deputy may not be a deputy in the Assembly of the autonomous province, nor an official in bodies of executive government and judiciary, nor may he or she perform other functions, affairs and duties, which represent a conflict of interest, according to the Law.

Election, expiry of the term of office and status of deputies shall be stipulated by the Law.

Article 103. Immunity of deputies

Deputies shall enjoy immunity.

Deputies may not accept criminal or other liability for the expressed opinion or cast vote in performing the deputy’s function.

Deputy who uses his/her immunity may not be detained, nor may he or she be involved in criminal or other proceedings in which prison sentence may be pronounced, without previous approval by the National Assembly.

Deputy found in the act of committing any criminal offense for which the prison sentence longer than five years is not envisaged, may be detained without previous approval by the National Assembly.

There shall be no deadlines stipulated for the criminal or other proceedings in which the immunity is established.

Failure to use the immunity shall not exclude the right of the National Assembly to establish the immunity.

Article 104. President and Vice Presidents of the National Assembly

By means of majority votes of all deputies, the National Assembly shall elect the President and one or more Vice Presidents of the National Assembly.

The President of the National Assembly shall represent the National Assembly, convoke its sessions, preside over them and perform other activities stipulated by the Constitution, Law and Rules of Procedure of the National Assembly.

Article 105. Method of decision making in the National Assembly

The National Assembly shall adopt decisions by majority vote of deputies at the session at which majority of deputies are present.

By means of majority vote of all deputies the National Assembly shall:

1. grant amnesty for criminal offenses,
2. declare and call off the state of emergency,
3. order measures of departure from human and minority rights in the state of war and emergency,
4. enact the Law by which the Republic of Serbia delegates particular issues falling within its competence to autonomous provinces and local self-government units,
5. give previous approval for the Statute of the autonomous province,
6. decide on the Rules of Procedure pertaining to its work,
7. cancel immunities of deputies, the President of the Republic, members of the Government and Civic Defender,
8. adopt the Budget and financial statement,
9. elect members of the Government and decide on the end of the term of office of the Government and ministers,
10. decide on response to interpellation,
11. elect judges of the Constitutional Court and decide on their dismissal and end of their term of office,
12. elect the President of the Supreme Court of Cessation, presidents of courts, Republic Public Prosecutor and public prosecutors and decide on the end of their term of office,
13. elect judges and deputy public prosecutors, in accordance with the Constitution,
14. elect and dismiss the Governor of the National Bank of Serbia, Governors’ Council and Civic Defender,
15. also perform other election competences of the National Assembly.

By means of majority vote of all deputies, the National Assembly shall decide on laws which regulate:

1. referendum and national initiative,
2. enjoying of individual and collective rights of members of national minorities,
3. development and spatial plan,
4. public debt,
5. territories of autonomous provinces and local self-government units,
6. conclusion and ratification of international contracts,
7. other issues stipulated by the Constitution.

Article 106. Sessions

The National Assembly shall be convoked for two regular sessions per year.

The first regular session shall start on the first weekday of March, while the second regular session shall start on the first weekday of October. Regular sessions may not last longer than 90 days.

The National Assembly shall be convoked for extraordinary session upon the request of at least one third of deputies or upon the request of the Government, with previously determined agenda.

The National Assembly shall be convoked without announcement upon the declaration of the state of war or emergency.

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.

Article 108. Referendum

Upon the request of the majority of all deputies or at least 100,000 voters, the National Assembly shall call the referendum on issues falling within its competence, in accordance with the Constitution and Law.

The subject of the referendum may not include duties deriving from international contracts, laws pertaining to human and minority rights and freedoms, fiscal and other financial laws, the budget and financial statement, introduction of the state of emergency and amnesty, as well as issues pertaining to election competences of the National Assembly.

Article 109. Dissolution of the National Assembly

The President of the Republic may dissolve the National Assembly, upon the elaborated proposal of the Government.

The Government may not propose dissolution of the National Assembly, if a proposal has been submitted for the vote of no confidence in the Government or if the issue of its confidence has been raised.

The National Assembly shall be dissolved if it fails to elect the Government within 90 days from the day of its constitution.

The National Assembly may not be dissolved during the state of war and emergency.

The President of the Republic shall be obliged to dissolve the National Assembly upon his/her decree, in cases stipulated by the Constitution.

Simultaneously with the dissolution of the National Assembly, the President of the Republic shall schedule elections for deputies, so that elections finish not later than 60 days from the day of their announcement.

The National Assembly, which has been dissolved, shall only perform current or urgent tasks, stipulated by the Law. In case of declaration of the state of war or emergency, its full competence shall be reestablished and last until the end of the state of war, that is, emergency.

Article 110. Law on the National Assembly

The Law on the National Parliament shall be enacted.

2. The President of the Republic

Article 111. Status of the President of the Republic

The President of the Republic shall express state unity of the Republic of Serbia.

Article 112. Competences

The President of the Republic shall:

1. represent the Republic of Serbia in the country and abroad,
2. promulgate laws upon his decree, in accordance with the Constitution,
3. propose to the National Assembly a candidate for the Prime Minister, after considering views of representatives of elected lists of candidates,
4. propose to the National Assembly holders of positions, in accordance with the Constitution and Law,
5. appoint and dismiss, upon his/her decree, ambassadors of the Republic of Serbia, upon the proposal of the Government,
6. receive letters of credit and revocable letters of credit of foreign diplomatic representatives,
7. grant amnesties and award honors,
8. administer other affairs stipulated by the Constitution.

In accordance with the Law, the President of the Republic shall command the Army and appoint, promote and relieve officers of the Army of Serbia.

Article 113. Promulgation of laws

The President of the Republic shall be obliged to issue a decree on promulgation of laws or to return the law for reconsideration with a written explanation to the National Assembly, within maximum 15 days from the day of adoption of the law, that is, not later than within seven days, if the law has been adopted by emergency procedure.

If the National Assembly decides to vote again on the law, which has been returned for reconsideration by the President of the Republic, the law shall be adopted by the majority vote from the total number of deputies.

The President of the Republic shall be obliged to promulgate the newly adopted Law.

If the President of the Republic fails to issue a decree on promulgation of the law within the deadline stipulated by the Constitution, the decree shall be issued by the Chairman of the National Assembly.

Article 114. Election

The President of the Republic shall be elected on direct elections, by secret ballot, in accordance with the Law.

Elections for the President of the Republic shall be scheduled by the Chairman of the National Assembly, 90 days before the end of term of office of the President of the Republic, so that elections finish within the following 60 days, in accordance with the Law.

While assuming the office, the President of the Republic shall take the following oath before the National Assembly:

“I do solemnly swear that I will devote all my efforts to preserve the sovereignty and integrity of the territory of the Republic of Serbia, including Kosovo and Metohija as its constituent part, as well as to provide exercise of human and minority rights and freedoms, respect and protection of the Constitution and laws, preservation of peace and welfare of all citizens of the Republic of Serbia and perform all my duties conscientiously and responsibly.”

Article 115. Incompatibility of positions

The President of the Republic may not perform another public function or professional duty.

Article 116. Term of office

The term of office of the President of the Republic shall last five years and begin from the day of taking of the oath before the National Assembly.

If the term of office of the President of the Republic expires during the state of war or emergency, it shall be extended so that it lasts until the expiry of three months from the day of the end of the state of war, that is, of emergency.

No one shall be elected to a position of the President of the Republic more than twice.

The term of office of the President of the Republic shall end with expiry of the period of time for which he or she has been elected, by his/her resignation or released of duty.

The President of the Republic shall tender his/her resignation to the Chairman of the National Assembly.

Article 117. Resignation

When the President of the Republic tenders his/her resignation, he or she shall then inform about this the general public and the Chairman of the National Assembly.

The term of office of the President of the Republic shall end on the day of his/her resignation.

Article 118. Dismissal

The President of the Republic shall be dismissed for the violation of the Constitution, upon the decision of the National Assembly, by the votes of at least two thirds of deputies.

Procedure for the dismissal may be initiated by the National Assembly, upon the proposal of at least two thirds of deputies.

The Constitutional Court shall have the obligation to decide on the violation of the Constitution, upon the initiated procedure for dismissal, not later than within 45 days.

Article 119. Immunity

The President of the Republic shall enjoy the immunity as a deputy.

The National Assembly shall decide on the immunity of the President of the Republic.

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 121. Law on the President of the Republic

The Law on the President of the Republic shall be enacted.

3. Government

Article 122. Status of the Government

The Government shall be the holder of executive power in the Republic of Serbia.

Article 123. Competences

The Government shall:

1. establish and pursue policy,
2. execute laws and other general acts of the National Assembly,
3. adopt regulations and other general acts for the purpose of law enforcement,
4. propose to the National Assembly laws and other general acts and gives its opinion on those laws and general acts, when another mover proposes them,
5. direct and adjust the work of public administration bodies and perform supervision of their work,
6. administer other affairs stipulated by the Constitution and Law.

Article 124. Responsibilities of the Government

The Government shall account to the National Assembly for the policy of the Republic of Serbia, for enforcement of laws and other general acts of the National Assembly, as well as for the work of the public administration bodies.

Article 125. Prime Minister and members of the Government

The Government shall consist of the Prime Minister, one or more Vice Presidents and ministers.

The Prime Minister shall manage and direct the work of the Government, take care of coordinated political activities of the Government, coordinate the work of members of the Government and represent the Government.

Ministers shall account for their work and situation within the competence of their ministries to the Prime Minister, Government and National Assembly.

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 127. Election of the Government

A candidate for the Prime Minister shall be proposed to the National Assembly by the President of the Republic, after he or she considers the opinions of representatives of elected election lists.

The candidate for the Prime Minister shall present to the National Assembly the Government’s Program and propose its constitution.

The National Assembly shall simultaneously vote on the Government’s Program and election of the Prime Minister and members of the Government.

The Government shall be elected if the majority of the total number of deputies votes for its election.

Article 128. Commencement and termination of term of office of the Government and members of the Government

The term of office of the Government shall last until the expiry of the term of office of the National Assembly which elected it.

The term of office of the Government shall commence on the day of taking an oath before the National Assembly.

The term of office of the Government shall terminate before the period of time for which it has been elected, by the vote of no confidence, dissolution of the National Assembly, resignation of the President of the Republic and in other cases stipulated by the Constitution.

The Government whose term of office has expired may only perform affairs stipulated by the Law, until the election of the new Government.

The Government whose term of office has expired may not propose the dissolution of the National Assembly.

The term of office of the member of the Government shall expire before the expiry of the period of time for which he or she has been elected, by accepting his/her resignation, by the vote of no confidence in the National Assembly and dismissal by the National Assembly, upon the proposal of the Prime Minister.

Article 129. Interpellation

At least 50 deputies may propose interpellation in relation to the work of the Government or particular member of the Government.

The Government shall have the obligation to respond to interpellation within 30 days.

The National Assembly shall discuss and vote on the response to interpellation submitted by the Government or member of the Government to whom the interpellation is directed.

After voting for the endorsement of the response, the National Assembly continues to work according to the adopted agenda.

If the National Assembly fails to endorse the response of the Government or the member of the Government by voting, it shall initiate a vote of no confidence in the Government or a member of the Government, unless the Prime Minister, that is a member of the Government resign beforehand, after the rejection of the response to the interpellation.

The issue which was a subject of interpellation, may not be discussed again before the expiry of the 90-day deadline.

Article 130. Vote of no confidence in the Government or the member of the Government

A vote of no confidence in the Government or the particular member of the Government may be requested by at least 60 deputies.

The proposal for the vote of no confidence in the Government or the particular member of the Government shall be discussed by the National Assembly at the next first session, not later than five days after the submission of the proposal.

After the discussion is concluded, they shall vote on the proposal.

The proposal for the vote of no confidence in the Government or the member of the Government shall be accepted by the National Assembly, if more than a half of the total number of deputies votes for it. If the National Assembly passes a vote of no confidence in the Government, the President of the Republic shall be obliged to initiate proceedings for election of the new Government. If the National Assembly fails to elect the new Government within 30 days from the passing of a vote of no confidence, the President of the Republic shall be obliged to dissolve the National Assembly and schedule elections.

If the National Assembly passes a vote of no confidence in the member of the Government, the President of the Republic shall be obliged to initiate proceedings for election of a new member of the Government, in accordance with the Law.

If the National Assembly fails to pass a vote of no confidence in the Government or the member of the Government, signatories of the proposal may not submit a new proposal for a vote of no confidence before the expiry of the 180-day deadline.

Article 131. Vote of confidence in the Government

The Government may require a vote of its confidence.

Upon the request of the Government, proposal for a vote of confidence in the Government may be discussed at the current session of the National Assembly, and if the Government has failed to submit such a proposal, the proposal shall be discussed on the next first session, not later than five days from its submission. After the discussion is concluded, they shall vote on the proposal.

The proposal for the vote of confidence in the Government or the member of the Government shall be accepted by the National Assembly, if more than a half of the total number of deputies votes for it.

If the National Assembly fails to pass a vote of confidence in the Government, the term of office of the Government ends and the President of the Republic shall be obliged to initiate proceedings for election of the new Government.

If the National Assembly fails to elect the new Government within 30 days from the day of passing of vote of no confidence, the President of the Republic shall be obliged to dissolve the National Assembly and schedule elections.

Article 132. Resignation of the Prime Minister

The Prime Minister may tender his/her resignation to the National Assembly.

The Prime Minister shall tender his/her resignation to the Chairman of the National Assembly and, at the same time, inform the President of the Republic and general public.

At the next first session, the National Assembly shall confirm the resignation of the Prime Minister.

The term of office of the Government shall terminate on the day of confirmation of the resignation of the Prime Minister.

After the National Assembly confirms the resignation of the Prime Minister, the President of the Republic shall be obliged to initiate the proceedings for election of the new Government. If the National Assembly fails to elect the new Government within 30 days from the day of confirmation of the resignation of the Prime Minister, the President of the Republic shall be obliged to dissolve the National Assembly and schedule elections.

Article 133. Resignation and dismissal of the member of the Government

The member of the Government may tender his/her resignation to the Prime Minister.

The Prime Minister shall submit the resignation of the member of the Government to the Chairman of the National Assembly and the National Assembly shall confirm the resignation at the next first session.

The Prime Minister may propose to the National Assembly a dismissal of particular member of the Government.

The National Assembly shall discuss and vote on the proposal for dismissal of the member of the Government at the next first session.

Decision on Dismissal of the Member of the Government shall be adopted if the majority of the total number of deputies votes for it.

The term of office of the member of the Government who has tendered his/her resignation shall terminate on the day of confirmation of resignation, and for the member of the Government who has been dismissed, the term of office shall terminate on the day of adoption of the Decision on Dismissal.

Status and responsibilities of the member of the Government who has tendered his/her resignation or for whom the proposal for dismissal has been submitted shall be stipulated by the Law, until the termination of the term of office.

The Prime Minister shall be obliged to initiate proceedings for election of the new member of the Government, after the expiry of the term of office of the member of the Government due to tendered resignation or dismissal.

Article 134. Immunity of the President and member of the Government

The Prime Minister and the member of the Government shall not be held accountable for opinions expressed at sittings of the Government and sessions of the National Assembly, or for the cast vote at the sittings of the Government.

The Prime Minister and the member of the Government shall enjoy immunity as a deputy. The Government shall decide on the immunity of the Prime Minister and the member of the Government.

Article 135. The Law on the Government

The Law on the Government shall be enacted.

4. Public Administration

Article 136. Status of the Public Administration

The Public Administration shall be independent, bound by the Constitution and Law and it shall account for its work to the Government.

Public Administration affairs shall be performed by ministries and other public administration bodies, stipulated by the Law.

Public Administration affairs and the number of ministries shall be stipulated by the Law.

Internal organization of ministries and other public administration bodies and organizations shall be regulated by the Government.

Article 137. Delegation of public powers and public services

In the interest of more efficient and rational exercise of citizens’ rights and duties and satisfying their needs of vital importance for life and work, the Law may stipulate delegation of performing particular affairs falling within the competence of the Republic of Serbia to the autonomous province and local self-government unit.

According to the Law, particular public powers may be delegated to enterprises, institutions, organizations and individuals.

According to the Law, particular public powers may be also delegated to specific bodies through which they perform regulatory function in particular fields or affairs.

The Republic of Serbia, autonomous provinces and local self-government units may establish public services.

Affairs or duties for which public services are established, their organization and work shall be stipulated by the Law.

5. Civic Defender

Article 138

The Civic Defender shall be independent state body who shall protect citizens’ rights and monitor the work of public administration bodies, body in charge of legal protection of proprietary rights and interests of the Republic of Serbia, as well as other bodies and organizations, companies and institutions to which public powers have been delegated.

The Civic Defender shall not be authorized to monitor the work of the National Assembly, President of the Republic, Government, Constitutional Court, courts and Public Prosecutor’s Offices.

The Civic Defender shall be elected and dismissed by the National Assembly, in accordance with the Constitution and Law.

The Civic Defender shall account for his/her work to the National Assembly.

The Civic Defender shall enjoy immunity as a deputy. The National Assembly shall decide on the immunity of the Civic Defender.

The Law on the Civic Defender shall be enacted.

6. The Army of Serbia

Article 139. Competences

The Army of Serbia shall defend the country from external armed threat and perform other missions and tasks, in accordance with the Constitution, Law and principles of international law, which regulate the use of force.

Article 140. Use of the Army outside the borders

The Army of Serbia may be used outside the borders of the Republic of Serbia only upon the decision of the National Assembly of the Republic of Serbia.

Article 141. Control over the Army of Serbia

The Army of Serbia shall be subject to democratic and civil control.

The Law on the Army of Serbia shall be enacted.

7. Courts

Article 142. Judiciary principles

Judicial power shall be unique on the territory of the Republic of Serbia.

Courts shall be separated and independent in their work and they shall perform their duties in accordance with the Constitution, Law and other general acts, when stipulated by the Law, generally accepted rules of international law and ratified international contracts.

The hearing before the court shall be public and may be restricted only in accordance with the Constitution.

Judges and jurors shall participate in a trial, in the manner stipulated by the Law.

The Law may also regulate that only judges may participate in a trial in particular courts and in particular cases.

The court shall decide on matters within the Council, while the Law may stipulate that a single judge may decide on particular matters.

Article 143. Types of courts

Judicial power in the Republic of Serbia shall belong to courts of general and special jurisdiction.

Establishing, organization, jurisdiction, system and structure of courts shall be regulated by the Law.

Provisional courts, courts-martial or special courts may not be established.

The Supreme Court of Cassation shall be the Supreme Court in the Republic of Serbia.

The seat of the Supreme Court of Cassation shall be in Belgrade.

Article 144. President of the Supreme Court of Cassation

President of the Supreme Court of Cassation shall be elected by the National Assembly, upon the proposal of the High Judicial Council and received opinion of the meeting of the Supreme Court of Cassation and competent committee of the National Assembly.

President of the Supreme Court of Cassation shall be elected for the period of five years and may not be reelected.

Term of office of the President of the Supreme Court of Cassation shall terminate before the expiry of the time for which he or she has been elected upon his/her personal request, under the terms stipulated by the Law pertaining to the termination of the term of office of the judge or dismissal for reasons stipulated by the Law pertaining to dismissal of the President of Court.

Decision on the end of term of office of the President of the Supreme Court of Cassation shall be adopted by the National Assembly, in accordance with the Law, while the decision on dismissal shall be adopted upon the proposal of the High Judicial Council.

Article 145. Court decisions

Court decisions shall be passed in the name of people.

Court decisions are based on the Constitution and Law, the ratified international treaty and regulation passed on the grounds of the Law.

Court decisions shall be obligatory for all and may not be a subject of extrajudicial control.

A court decision may only be reconsidered by an authorized court in a legal proceedings prescribed by the Law.

A passed sentence may be fully or partially forgiven without a court decision, by general pardon or amnesty.

Article 146. Permanent tenure of office

A judge shall have a permanent tenure.

Exceptionally, a person who is elected a judge for the first time shall be elected for the period of three years.

Article 147. Election of judges

On proposal of the High Judicial Council, the National Assembly shall elect as a judge the person who is elected to the post of judge for the first time.

Tenure of office of a judge who was elected to the post of judge shall last three years.

In accordance with the Law, the High Judicial Council shall elect judges to the posts of permanent judges, in that or other court.

In addition, the High Judicial Council shall decide on election of judges who hold the post of permanent judges to other or higher court.

Article 148. Termination of a judge’s tenure of office

A judge’s tenure of office shall terminate at his/her own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the Law, as well as if he/she is not elected to the position of a permanent judge.

The High Judicial Council shall pass a decision on termination of a judge’s tenure of office. A judge shall have the right to appeal with the Constitutional Court against this decision. The lodged appeal shall not include the right to lodge a Constitutional appeal.

The proceedings, grounds and reasons for termination of a judge’s tenure of office, as well as the reasons for the relief of duty of the President of Court shall be stipulated by the Law.

Article 149. Independence of judge

In performing his/her judicial function, a judge shall be independent and responsible only to the Constitution and the Law.

Any influence on a judge while performing his/her judicial function shall be prohibited.

Article 150. Non-transferability of judge

A judge shall have the right to perform his/her judicial function in the court to which he/she was elected, and may be relocated or transferred to another court only on his/her own consent.

In case of revocation of the court or the substantial part of the jurisdiction of the court to which he/she was elected, a judge may exceptionally, without his/her consent, be permanently relocated or transferred to another court, in accordance with the Law.

Article 151. Immunity

A judge may not be held responsible for his/her expressed opinion or voting in the process of passing a court decision, except in cases when he/she committed a criminal offense by violating the Law.

A judge may not be detained or arrested in the legal proceedings instituted due to a criminal offense committed in performing their judicial function without the approval of the High Judicial Council.

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.

8. The High Judicial Council

Article 153. Status, constitution and election

The High Judicial Council is an independent and autonomous body which shall provide for and guarantee independence and autonomy of courts and judges.

The High Judicial Council shall have eleven members.

The High Judicial Council shall be constituted of the President of the Supreme Court of Cassation, the Minister responsible for justice and the President of the authorized committee of the National Assembly as members ex officio and eight electoral members elected by the National Assembly, in accordance with the Law.

Electoral members shall include six judges holding the post of permanent judges, of which one shall be from the territory of autonomous provinces, and two respected and prominent lawyers who have at least 15 years of professional experience, of which one shall be a solicitor, and the other a professor at the law faculty.

Presidents of Court may not be electoral members of the High Judicial Council.

Tenure of office of the High Judicial Council’s members shall last five years, except for the members appointed ex officio.

A member of the High Judicial Council shall enjoy immunity as a judge.

Article 154. Jurisdiction of the High Judicial Council

The High Judicial Council shall appoint and relieve of judges, in accordance with the Constitution and the Law, propose to the National Assembly the election of judges in the first election to the post of judge, propose to the National Assembly the election of the President of the Supreme Court of Cassation as well as presidents of courts, in accordance with the Constitution and the Law, participate in the proceedings of terminating the tenure of office of the President of the Supreme Court of Cassation and presidents of courts, in the manner stipulated by the Constitution and the Law, and perform other duties specified by the Law.

Article 155. Legal remedy

An appeal may be lodged with the Constitutional Court against a decision of the High Judicial Council, in cases stipulated by the Law.

9. Public Prosecutor’s Office

Article 156. Status and jurisdiction

Public Prosecutor’s Office shall be an independent state body which shall prosecute the perpetrators of criminal offenses and other punishable actions, and take measures in order to protect constitutionality and legality.

Public Prosecutor’s Office shall perform its function on the grounds of the Constitution, Law, ratified international treaty and regulation passed on the grounds of the Law.

Article 157. Establishment and organization

Establishment, organization and jurisdiction of Public Prosecutor’s Office shall be specified by the Law.

The Republic Public Prosecutor’s Office shall be the supreme Public Prosecutor’s Office in the Republic of Serbia.

Article 158. The Republic Public Prosecutor

The Republic Public Prosecutor shall perform the function of the Public Prosecutor’s Office within the rights and duties of the Republic of Serbia.

The Republic Public Prosecutor shall be elected by the National Assembly, on the Government proposal and upon obtaining the opinion of the authorized committee of the National Assembly.

The Republic Public Prosecutor shall be elected for the period of six years and may be re elected.

Tenure of office of the Republic Public Prosecutor shall terminate if he/she is not re elected, at his/her own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the Law.

The decision on termination of tenure of office of the Republic Public Prosecutor shall be adopted by the National Assembly, in accordance with the Law, bearing in mind that it shall pass a decision on relief of duty on the Government proposal.

Article 159. Public Prosecutors and Deputy Public Prosecutors

A Public Prosecutor shall perform the function of the Public Prosecutor’s Office.

A Public Prosecutor shall be elected by the National Assembly, on the Government proposal.

Tenure of office of the Public Prosecutor shall last six years and he/she may be re elected.

A Deputy Public Prosecutor shall stand in for the Public Prosecutor in performing the function of the Public Prosecutor’s Office and shall be obliged to act according to his/her instructions.

On proposal of the State Prosecutors Council, the National Assembly shall elect as a Deputy Public Prosecutor the person who is elected to this function for the first time.

Tenure of office of a Deputy Public Prosecutor elected to that function for the first time shall last three years.

In accordance with the Law, the State Prosecutors Council shall elect Deputy Public Prosecutors to permanently perform that function, in that or other Public Prosecutor’s Office.

In addition, the State Prosecutors Council shall decide on the election of Deputy Public Prosecutors who permanently perform that function in another or superior Public Prosecutor’s Office.

Article 160. Responsibility

The Republic Public Prosecutor shall account for the work of the Public Prosecutor’s Office and his/her own work to the National Assembly.

Public Prosecutors shall account for the work of the Public Prosecutor’s Office and their own work to the Republic Public Prosecutor and the National Assembly, whereas Junior Prosecutors shall account for their work to their immediately superior Public Prosecutor as well.

Deputy Public Prosecutors shall be held responsible for their work to the Public Prosecutor.

Article 161. Termination of Public Prosecutor and Deputy Public Prosecutor’s tenure of office

A Public Prosecutor and Deputy Public Prosecutor may terminate their tenure of office at their own request, upon coming into force of legally prescribed conditions or upon relief of duty for reasons stipulated by the Law. A Public Prosecutor’s tenure of office shall terminate even if he/she is not re-elected, and Deputy Public Prosecutor’s tenure off office shall terminate if he/she is not permanently elected to that function.

A decision on termination of a Public Prosecutor’s tenure of office shall be adopted by the National Assembly, in accordance with the Law, and it shall pass a decision on relief of duty on the Government proposal.

A decision on termination of a Deputy Public Prosecutor’s tenure of office shall be passed by the State Prosecutors Council.

A Public Prosecutor and Deputy Public Prosecutor may lodge an appeal with the Constitutional Court against the decision on termination of their tenure of office.

The lodged appeal shall not include the right to lodge a Constitutional appeal.

The proceedings, grounds and reasons for termination of a Public Prosecutor and Deputy Public Prosecutor’s tenure of office shall be regulated by the Law.

Article 162. Immunity

A Public Prosecutor and Deputy Public Prosecutor may not be held responsible for the expressed opinion while performing the function of prosecutors, except in cases when a Public Prosecutor or Deputy Public Prosecutor commits a criminal offense by violating the law.

A Public Prosecutor or a Deputy Public Prosecutor may not be detained or arrested in the legal proceedings instituted due to a criminal offense committed in performing the prosecutor’s function or service without the approval of the authorized committee of the National Assembly.

Article 163. Incompatibility of prosecutor’s function

Public Prosecutors and Deputy Public Prosecutors shall be prohibited to engage in political actions.

Other functions, activities or private interests which are incompatible with the prosecutor’s function shall be stipulated by the Law.

Article 164. Status, constitution and election of the State Prosecutors Council

The State Prosecutors Council is an autonomous body which shall provide for and guarantee the autonomy of Public Prosecutors and Deputy Public Prosecutors, in accordance with the Law.

The State Prosecutors Council shall have 11 members.

The State Prosecutors Council shall be constituted of the Republic Public Prosecutor, the Minister responsible for justice and the President of the authorized committee of the National Assembly as members ex officio and eight electoral members elected by the National Assembly, in accordance with the Law.

Electoral members shall include six Public Prosecutors or Deputy Public Prosecutors holding permanent posts, of which one shall be from the territory of autonomous provinces, and two respected and prominent lawyers who have at least 15 years of professional experience, of which one shall be a solicitor, and the other a professor at the law faculty.

Tenure of office of the State Prosecutors Council’s members shall last five years, except for the members appointed ex officio.

A member of the State Prosecutors Council shall enjoy immunity as a Public Prosecutor.

Article 165. Jurisdiction of the State Prosecutors Council

The State Prosecutors Council shall propose to the National Assembly the candidates for the first election of a Deputy Public Prosecutor, elect Deputy Public Prosecutors to permanently perform that function, elect Deputy Public Prosecutors holding permanent posts as Deputy Public Prosecutors in other Public Prosecutor’s Office, decide in the proceedings of termination of Deputy Public Prosecutors’ tenure of office in the manner stipulated by the Constitution and the Law, and perform other duties specified in the Law.