Legal Acts in English

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

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 defence 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 offences.

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. elect four members of the High Court Council, four members of the High Prosecutorial Council and elect the Supreme Public Prosecutor and decide on the end of his term,

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.

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.

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.

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.

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 offence 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.

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.

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 offences,

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,

It. 13 and 14 are deleted (see Amendment III - 115/2021-3)

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.

The National Assembly shall elect, by means of a two-thirds majority vote of all the deputies, four members of the High Court Council and four members of the High Prosecutorial Council, and it shall elect, by means of a three-fifths majority vote of all the deputies, the Supreme Public Prosecutor and decide on the end of his term.

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.

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.

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.

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.

The Law on the National Parliament shall be enacted.

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

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 honours;
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.

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.

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.”

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

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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 Programme and propose its constitution.
The National Assembly shall simultaneously vote on the Government's Programme 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.

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.

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.

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.

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.

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.

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.

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.

The Law on the Government shall be enacted.

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 organisation of ministries and other public administration bodies and organisations shall be regulated by the Government.

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, organisations 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 organisation and work shall be stipulated by the Law.

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 organisations, companies and institutions to which public powers have been delegated.
The Civic Defender shall not be authorised 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.

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.

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.

The Army of Serbia shall be subject to democratic and civil control.
The Law on the Army of Serbia shall be enacted.

Judiciary power shall belong to the courts which shall be independent.

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

Court decisions shall be passed in the name of the people.

A court decision may only be reconsidered by a legally authorized court in the proceedings prescribed by the law, as well as by the Constitutional Court in the proceedings upon a constitutional appeal.

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

Hearing before a court shall be public and may be restricted in accordance with the Constitution.

It can be prescribed by the law that in addition to judges, jurors can also participate in a trial.

Establishing, dissolution, the types, jurisdiction, territories and seats of the courts, the composition of a court and the court proceedings shall be regulated by the law.

The highest court in Serbia shall be the Supreme Court.

Establishing of courts-martial, temporary or emergency courts shall be prohibited.

A judge shall be independent and shall perform his/her duties in accordance with the Constitution, ratified international treaties, laws, generally accepted rules of international law and other general acts, passed in accordance with the law.

Any inappropriate influencing of judges in performance of judicial function shall be prohibited.

The conditions for election of judges and conditions for election and terms of office of jurors shall be regulated by the law.

A judicial tenure shall be permanent.

A judge shall hold his/her tenure from the election as a judge until the retirement.

A judge's tenure of office shall cease prior to retirement: at personal request, in case of permanent disability for performance of judicial function, in case of termination of the citizenship of the Republic of Serbia or in case of dismissal.

A judge shall be dismissed if he/she is convicted of a criminal offence with at least six months of imprisonment or if it is determined in a disciplinary procedure that he/she has committed a grave disciplinary offence that is, according to the assessment of the High Judicial Council, seriously damaging the reputation of judicial tenure of office or public trust in courts.

The decision on termination of judicial tenure of office shall be passed by the High Judicial Council.

A judge shall have the right to appeal against the decision of the High Judicial Council on termination of the tenure of office with the Constitutional Court, which shall exclude the right to constitutional appeal.

A judge shall have the right to perform his/her judicial function in the court to which he/she has been elected, and may be relocated or transferred to another court on his/her consent only, except in the case envisaged by the Constitution.

In case of revocation of a court, the judge shall be transferred to the court that is undertaking the jurisdiction of the revoked court

In case of revocation of the substantial part of the jurisdiction of a court, a judge may be exceptionally relocated or transferred to another court of the same degree that has undertaken the substantial part of jurisdiction, without his/her consent.

The judge that has been relocated or transferred to another court shall have the right to keep the salary that he/she has had with the court from which he/she has been relocated or transferred, in case that it is more advantageous for him/her.

A predominant part of jurisdiction of a court shall be revoked if, due to a change of jurisdiction of the court as to the substance of the matter, establishing of a new court or another legally envisaged case, the required number of judges with the court has been reduced

A judge shall have the right to appeal to the Constitutional Court against the decision on relocation or transfer, which shall exclude the right to constitutional appeal.

A judge may not be held responsible for his/her opinion expressed in relation to performance of judicial function or voting on the occasion of passing of a court decision, unless if he/she has committed a criminal offence of violation of the law by a judge or a public prosecutor.

A judge may not be deprived of liberty in the legal proceedings initiated for a criminal offence committed while performing the judicial function without the approval of the High Judicial Council.

The law shall regulate the functions, actions or the private interests which are incompatible with the judicial function and function of a juror.

A judge shall be prohibited to engage in political actions.

The President of the Supreme Court shall be elected by the High Judicial Council, upon acquiring the opinion of the general session of the Supreme Court, for a period of five years.

The same person cannot be re-elected President of the Supreme Court.

Presidents of other courts shall be elected by the High Judicial Council, for a period of five years.

The High Judicial Council shall be an independent public authority that ensures and guarantees the independence of courts, judges, presidents of the courts and jurors.

The High Judicial Council shall elect judges and jurors and decide on termination of their terms of office, elect the President of the Supreme Court and presidents of other courts and decide on termination of their terms of office, decide on relocation and transfer of judges, determine the required number of judges and jurors, decide on other issues relating to the status of judges, presidents of courts and jurors and perform other competences laid down by the Constitution and the law.

The High Judicial Council shall have 11 members: six judges elected by judges, four prominent lawyers elected by the National Assembly and the President of the Supreme Court

The election of the members of the High Judicial Council among judges shall be regulated by the law.

When electing the judges to the High Judicial Council, account shall be taken of the broadest representation of judges

The National Assembly shall elect the members of the High Judicial Council among the prominent lawyers having at least ten years of experience in the legal profession, among eight candidates proposed by the competent committee of the National Assembly, following a public competition, by a two-thirds vote of all the deputies, in accordance with the law

In case that the National Assembly fails to elect all the four members within the time limit laid down by the law, the remaining members shall be elected, following the expiry of the legally determined time limit, among all the candidates fulfilling the conditions for election, by the commission comprising of the President of the National Assembly, President of the Constitutional Court, President of the Supreme Court, Supreme Public Prosecutor and the Protector of Citizens, by a majority vote

Presidents of courts may not be electoral members of the High Judicial Council

The member of the High Judicial Council elected by the National Assembly must be worthy of that function.

The member of the High Judicial Council elected by the National Assembly may not be a member of a political party

Other conditions for election and incompatibility with the function of a member of the High Judicial Council elected by the National Assembly shall be regulated by the law.

A member of the High Judicial Council shall be elected for a period of five years

The same person may not be re-elected to the High Judicial Council.

The High Judicial Council shall have the President and the Vice-President. The President of the High Judicial Council shall be elected by the High Judicial Council among the members that are judges, and the Vice-President among the members elected by the National Assembly, for a period of five years. The President of the Supreme Court may not be elected President of the High Judicial Council.

Prior to the expiry of the term for which he/she is elected, the term of office of a member of the High Judicial Council shall be terminated at his/her request or in case that he/she is convicted for a criminal offence to imprisonment of six months at least. The term of office of the member that is a judge shall also be terminated upon the termination of the term of office of the judge, and to the member that is not a judge - in case of his/her permanent disability for performance of the function of a member of the High Judicial Council.

The decision on termination of the term of office of a member of the High Judicial Council shall be passed by the High Judicial Council. Appeals with the Constitutional Court shall be permitted against the decision, which shall exclude the right to constitutional appeal.

• Legal Remedies against Decisions of the High Judicial Council*
   Article 153*

  Appeals against the decisions of the High Judicial Council shall be permitted with the Constitutional Court, in the cases prescribed by the Constitution and the law. An appeal lodged with the Constitutional Court shall exclude the right to lodging of constitutional appeals.

The members of the High Judicial Council cannot be held responsible for the opinions provided in relation to the performance of the function of a member of the High Judicial Council and the vote on the occasions of passing of the decisions of the High Judicial Council.

The members of the High Judicial Council may not be deprived of liberty without the approval of the High Judicial Council in the proceedings initiated for the criminal offence that they have committed as members of the High Judicial Council.

The Public Prosecutor's Office shall be a unique and independent state authority that is prosecuting the perpetrators of criminal and other punishable offences and performs other competences whereby the public interest laid down by the law is protected.

The Public Prosecutor's Office shall perform their competences based on the Constitution, ratified international treaties, laws, generally accepted rules of the international law and other general acts, that have been passed in accordance with the law.

No one outside of the Public Prosecutor's Office shall influence the Public Prosecutor's Office or the holders of the Public Prosecutor's function while acting and deciding in individual cases.

Establishing, dissolution, organization and competence of the Public Prosecutor's Office shall be regulated by the law.

The supreme public prosecutor's office in the Republic of Serbia shall be the Supreme Public Prosecutor's Office, which shall be managed by the Supreme Public Prosecutor.

The public prosecutorial function shall be performed by the Supreme Public Prosecutor, heads of public prosecutors' offices and the public prosecutors.

The Supreme Public Prosecutor and the heads of public prosecutors' offices shall have hierarchical powers in managing the public prosecutors' offices relative to the actions of lower heads of public prosecutors' offices and public prosecutors in a concrete case.

The hierarchical powers and the legal remedies against them shall be regulated in more detail by the law.

• Responsibility*
   Article 156*

  The Supreme Public Prosecutor shall be held accountable for the work of the public prosecutor's office and for his/her own work to the National Assembly. The Supreme Public Prosecutor shall not be held accountable to the National Assembly for the actions in individual cases.

  The heads of public prosecutors' offices shall be held accountable for the work of the public prosecutor's office and for their own work to the Supreme Public Prosecutor and to the immediately superior head of public prosecutor's office, in accordance with the law.

  The public prosecutors shall be held accountable for their work to the heads of public prosecutors' offices, in accordance with the law.

The Supreme Public Prosecutor shall issue general mandatory instructions for actions of all the heads of public prosecutors' offices in order to achieve legality, effectiveness and uniformness in action.

The immediately superior head of public prosecutor's office may issue to a subordinate head of public prosecutor's office a mandatory instruction for action in an individual case in case of doubt in efficiency or legality of his/her actions. The Supreme Public Prosecutor may issue such an instruction to each head of public prosecutors' offices.

The head of public prosecutor's office may issue mandatory instruction for work and action to the public prosecutor.

The heads of public prosecutors' offices and the public prosecutors shall be obliged to comply with the mandatory instructions.

The subordinate heads of public prosecutors' offices or the public prosecutors who are considering the mandatory instructions to be unlawful or unfounded shall have the right to objection, in accordance with the law.

The Supreme Public Prosecutor shall be elected by the National Assembly for a period of six years, at the proposal of the High Prosecutorial Council following a public competition, by a three-fifths majority vote of all the deputies, in accordance with the law.

The High Prosecutorial Council shall propose to the National Assembly one candidate for Supreme Public Prosecutor.

If the National Assembly does not elect the Supreme Public Prosecutor within the time limit for that, following the expiry of the following ten days' term he/she shall be elected, among all the candidates fulfilling the conditions for election, a commission comprising of the President of the National Assembly, President of the Constitutional Court, President of the Supreme Court, Supreme Public Prosecutor and the Protector of Citizens, by a majority vote.

The same person cannot be re-elected Supreme Public Prosecutor.

The Supreme Public Prosecutor shall be elected by the High Prosecutorial Council, for a period of six years.

Prior to the expiry of the term for which he/she is elected, the term of office shall be terminated for the Supreme Public Prosecutor and the heads of the public prosecutors' offices: upon his/her request, in case that the public prosecutor's office is revoked, in case of permanent disability to perform the function of the head of public prosecutor's office, in case of termination of the citizenship of the Republic of Serbia or in case of his/her dismissal.

The Supreme Public Prosecutor and the heads of public prosecutors' offices shall be dismissed in case that they are convicted of a criminal offence punishable by imprisonment of six months at the least or in case of occurrence of a legally envisaged reason for their dismissal.

The head of public prosecutor's office shall have the right to lodge an appeal against the decision of the High Prosecutorial Council on termination of his/her term of office with the Constitutional Court, which shall exclude the right to constitutional appeal.

The Supreme Public Prosecutor and the heads of public prosecutors' offices whose terms of offices are terminated shall retain the position of public prosecutors, in accordance with the law.

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Conditions for election of the heads of public prosecutors' offices and public prosecutors shall be regulated by the law.

The term of office of a public prosecutor shall be permanent.

The term of office shall be terminated for a public prosecutor prior to the retirement: upon his/her request, in case of a permanent disability to perform the function of a public prosecutor, in case of termination of the citizenship of the Republic of Serbia or in case of dismissal.

A public prosecutor shall be dismissed if he/she is convicted of a criminal offence punishable by imprisonment of six months at the least or in case that it is determined in a disciplinary procedure that he/she has committed a grave disciplinary offence that is, according to the assessment of the High Prosecutorial Council, gravely damaging the reputation of the public prosecutor's office or the public trust in public prosecution.

The decision on termination of the term of office of a public prosecutor shall be passed by the High Prosecutorial Council.

A public prosecutor shall have the right to lodge an appeal against the decision of the High Prosecutorial Council on termination of the term of office with the Constitutional Court, which shall exclude the right to a constitutional appeal.

The Supreme Public Prosecutor, the head of public prosecutors' offices and the public prosecutors may not be held accountable for the opinions provided or the decisions passed in relation to the performance of function, except where they commit a criminal offence of the violation of law by a judge or a public prosecutor.

The Supreme Public Prosecutor, the heads of public prosecutors' offices and the public prosecutors may not be deprived of liberty without an approval of the High Prosecutorial Council in the proceedings initiated due to criminal offence committed in relation to the performance of their function.

The functions, actions or the private interests incompatible with the functions of the Supreme Public Prosecutor, head of public prosecutor's office and the public prosecutor shall be regulated by the law.

• Competence of the High Prosecutorial Council*
   Article 162*

  The High Prosecutorial Council is an autonomous state authority that ensures and guarantees independence of the public prosecution, Supreme Public Prosecutor, heads of public prosecutors' offices and public prosecutors.

  The High Prosecutorial Council shall propose to the National Assembly election and termination of the term of office of the Supreme Public Prosecutor, appoint the acting Supreme Public Prosecutor, elect the heads of the public prosecutors' offices and public prosecutors and decide on the termination of their terms of offices, decide on other issues relating to the status of the Supreme Public Prosecutor, heads of public prosecutors' offices and public prosecutors and perform other competences laid down by the Constitution and the law.

• Composition of the High Prosecutorial Council*
   Article 163*

  The High Prosecutorial Council shall have 11 members: five public prosecutors elected by the heads of prosecutors' offices and public prosecutors, four prominent lawyers elected by the National Assembly, the Supreme Public Prosecutor and the Minister in charge of the judiciary.

  The Minister in charge of the judiciary shall not vote in the procedure of determining disciplinary responsibility of a public prosecutor.
  

  The election of the members of the High Prosecutorial Council among the public prosecutors shall be regulated by the law.
  

  In the course of electing the public prosecutors to the High Prosecutorial Council, account shall be taken of the broadest representation of the public prosecutors.
  

  The National Assembly shall elect four members of the High Prosecutorial Council among the prominent lawyers having at least ten years of experience in the legal profession, among eight candidates proposed by the competent committee of the National Assembly, following a public competition, by a two-thirds majority vote of all the deputies, in accordance with the law.
  

  In case that the National Assembly fails to elect all the four members within the time limit laid down by the law, the remaining members shall be elected, following the expiry of the legally determined time limit, among all the candidates fulfilling the conditions for election, by the commission comprising of the President of the National Assembly, President of the Constitutional Court, President of the Supreme Court, Supreme Public Prosecutor and the Protector of Citizens, by a majority vote.
  

  The head of the public prosecutor's office may not be elected to the High Prosecutorial Council.
  

  The member of the High Prosecutorial Council elected by the National Assembly must be worthy of that function.
  

  The member of the High Prosecutorial Council elected by the National Assembly may not be a member of any political party.
  

  Other conditions for election and incompatibility with the function of a member of the High Prosecutorial Council elected by the National Assembly shall be regulated by the law.

• Term of Office of the Members of High Prosecutorial Council and the President and Vice-President of the High Prosecutorial Council*
   Article 164*

  A member of the High Prosecutorial Council shall be elected for a period of five years.

  The same person may not be re-elected to the High Prosecutorial Council.
  

  The High Prosecutorial Council shall have the President and the Vice-President.  The President of the High Prosecutorial Council shall be elected by the High Prosecutorial Council among the members who are public prosecutors, and the Vice-President shall be elected among the members elected by the National Assembly, for a period of five years.
  

  Prior to the expiry of the term for which he/she is elected, the term of office of a member of the High Prosecutorial Council shall be terminated upon his/her request or in case that he/she is convicted of a criminal offence punishable by imprisonment of six months at the least. The term of office of the member who is a public prosecutor shall also be terminated upon the termination of the term of office of the public prosecutor, and the term of office of a member who is not a public prosecutor shall also be terminated in case of disability for performance of the function of a member of the High Prosecutorial Council.
  

  The decision on termination of the term of office of a member of the High Prosecutorial Council shall be passed by the High Prosecutorial Council. Appeals shall be permitted against the decision with the Constitutional Court, which shall exclude the right to a constitutional appeal.

• Legal Remedies against Decisions of the High Prosecutorial Council*
   Article 165*

  Appeals shall be permitted against the decisions of the High Prosecutorial Council with the Constitutional Court, in the cases prescribed by the Constitution and the law. An appeal lodged with the Constitutional Court shall exclude the right to submission of a constitutional appeal.

• Immunity of the members of the High Prosecutorial Council*
   Article 165a*

  The members of the High Prosecutorial Council may not be held responsible for the opinions provided in relation to performance of the function of the members of the High Prosecutorial Council and for voting on occasion of passing of the decisions of the High Prosecutorial Council.

  The members of the High Prosecutorial Council may not be deprived of liberty without an approval by the High Prosecutorial Council in the proceedings initiated due to the criminal offence committed by them as members of the High Prosecutorial Council.