Preamble
Considering the state tradition of the Serbian people and equality of all citizens and ethnic communities in Serbia, Considering also that the Province of Kosovo and Metohija is an integral part of the territory of Serbia, that it has the status of a substantial autonomy within the sovereign state of Serbia and that from such status of the Province of Kosovo and Metohija follow constitutional obligations of all state bodies to uphold and protect the state interests of Serbia in Kosovo and Metohija in all internal and foreign political relations, the citizens of Serbia adopt
PART 1. CONSTITUTION PRINCIPLES
Article 1. Republic of Serbia
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.
Article 2. Sovereignty holders
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.
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 4. Division of power
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.
Article 5. Political parties
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.
Article 6. Prohibition of the conflict of interests
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.
Article 7. Coat of arms, flag and national anthem
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 “Boze pravde.”
Appearance and use of the coat of arms, flag and national anthem shall be regulated by law.
Article 8. Territory and border
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.
Article 9. Capital City
The capital city of the Republic of Serbia is Belgrade.
Article 10. Language and script
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.
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 12. Provincial autonomy and local self-government
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.
Article 13. Protection of citizens and Serbs abroad
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.
Article 14. Protection of national minorities
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.
Article 15. Gender equality
The State shall guarantee the equality of women and men and develop equal opportunities policy.
Article 16. International relations
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.
Article 17. Status of foreign nationals
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.
