Acts

Constitution of the Republic of Serbia

VIII CONSTITUTIONALITY AND LEGALITY

Hierarchy of domestic and international general legal acts

Article 194

The legal system of the Republic of Serbia shall be unique.
The Constitution shall be the supreme legal act of the Republic of Serbia.
All laws and other general acts enacted in the Republic of Serbia must be in compliance with the Constitution.
Ratified international treaties and generally accepted rules of ithe international law shall be part of the legal system of the Republic of Serbia. Ratified international treaties may not be in noncompliance with the Constitution.
Laws and other general acts enacted in the Republic of Serbia may not be in noncompliance with the ratified international treaties and generally accepted rules of the International Law.

Hierarchy of domestic general legal acts

Article 195

All by-laws of the Republic of Serbia, general acts of organisations with delegated public powers, political parties, trade unions and civic associations and collective agreements must be in compliance with the Law.
Statutes, decisions and other general acts of autonomous provinces and local self-government units must be in compliance with the Law.
All general acts of autonomous provinces and local self-government units must be in compliance with their statutes.

Publication of laws and other general acts

Article 196

Laws and all other general acts shall be published prior to coming into force.
The Constitution, laws and by-laws of the Republic of Serbia shall be published in the republic official journal, and statutes, decisions and other general acts of autonomous provinces shall be published in provincial official journals.
Statutes and general acts of local self-government units shall be published in local official journals.
Laws and other general acts shall come into force no earlier than on the eighth day from the day of publication and may come into force earlier only if there are particularly justified grounds for that, specified at the time of their adoption.

Prohibition of retroactive effect of laws and other general acts

Article 197

Laws and other general acts may not have a retroactive effect.
Exceptionally, only some of the law provisions may have a retroactive effect, if so required by general public interest as established in the procedure of adopting the Law.
A provision of the Penal Code may have a retroactive effect only if it shall be more favourable for the perpetrator.

Legality of administration

Article 198

Individual acts and actions of state bodies, organisations with delegated public powers, bodies of autonomous provinces and local self-government units must be based on the Law.
Legality of final individual acts deciding on a right, duty or legally grounded interest shall be subject to reassessing before the court in an administrative proceedings, if other form of court protection has not been stipulated by the Law.

Language of proceedings

Article 199

Everyone shall have the right to use his/her language in the proceedings before the court, other state body or organisation performing public powers, when his/her right or duty is decided on.
Unfamiliarity with the language of the proceedings may not be an impediment for the exercise and protection of human and minority rights.

State of emergency

Article 200

When the survival of the state or its citizens is threatened by a public danger, the National Assembly shall proclaim the state of emergency.
The decision on the state of emergency shall be effective 90 days at the most. Upon expiry of this period, the National Assembly may extend the decision on the state of emergency for another 90 days, by the majority votes of the total number of deputies.
During the state of emergency, the National Assembly shall convene without any special call for assembly and it may not be dismissed.
When proclaiming the state of emergency, the National Assembly may prescribe the measures which shall provide for derogation from human and minority rights guaranteed by the Constitution.
When the National Assembly is not in a position to convene, the decision proclaiming the state of emergency shall be adopted by the President of the Republic together with the President of the National Assembly and the Prime Minister, under the same terms as by the National Assembly.
When the National Assembly is not in a position to convene, the measures which provide for derogation from human and minority rights may be prescribed by the Government, in a decree, with the President of the Republic as a co-signatory.
Measures providing for derogation from human and minority rights prescribed by the National Assembly or Government shall be effective 90 days at the most, and upon expiry of that period may be extended under the same terms.
When the decision on the state of emergency has not been passed by the National Assembly, the National Assembly shall verify it within 48 hours from its passing, that is, as soon as it is in a position to convene. If the National Assembly does not verify this decision, it shall cease to be effective upon the end of the first session of the National Assembly held after the proclamation of the state of emergency.
In cases when the measures providing for derogation from human and minority rights have not been prescribed by the National Assembly, the Government shall be obliged to submit the decree on measures providing for derogation from human and minority rights to be verified by the National Assembly within 48 hours from its passing, that is, as soon as the National Assembly is in a position to convene. In other respects, the measures providing for derogation shall cease to be effective 24 hours prior to the beginning of the first session of the National Assembly held after the proclamation of the state of emergency.

The state of war

Article 201

The National Assembly shall proclaim the state of war.
When the National Assembly is not in a position to convene, the decision on proclamation of the state of war shall be passed by the President of the Republic together with the President of the National Assembly and the Prime Minister.
When proclaiming the state of war, the National Assembly may prescribe the measures which shall provide for derogation from human and minority rights guaranteed by the Constitution.
When the National Assembly is not in a position to convene, the measures which provide for derogation from human and minority rights guaranteed by the Constitution shall be decided on by the President of the Republic together with the President of the National Assembly and the Prime Minister.
All measures prescribed in the period of the state of war shall be verified by the National Assembly when in a position to convene.

Derogation form human and minority rights in the state of emergency and war

Article 202

Upon proclamation of the state of emergency or war, derogations from human and minority rights guaranteed by the Constitution shall be permitted only to the extent deemed necessary.
Measures providing for derogation shall not bring about differences based on race, sex, language, religion, national affiliation or social origin.
Measures providing for derogation from human and minority rights shall cease to be effective upon ending of the state of emergency or war.
Measures providing for derogation shall by no means be permitted in terms of the rights guaranteed pursuant to Articles 23, 24, 25, 26, 28, 32, 34, 37, 38, 43, 45, 47, 49, 62 , 63, 64 and 78 of the Constitution.