ISSN 1452-6662
Over 180 up-to-date legal acts of the Republic of Serbia translated to English.
Group: POLITICAL SYSTEM
Issue: CONSTITUTION OF THE REPUBLIC OF SERBIA - FREE TRIAL
Published in the Službeni glasnik RS, Nos. 98/06 of 10 November 2006, 115/21 of 30 November 2021 - Amendments I-XXIX and 16/22 of 9 February 2022
Section: PART FIVE ORGANISATION OF GOVERNMENT
3. Government

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  • Status of the Government
     Article 122
    The Government shall be the holder of executive power in the Republic of Serbia.
  • Competences
     Article 123

    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.

  • Responsibilities of the Government
     Article 124

    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.

  • Prime Minister and Members of the Government
     Article 125

    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.

  • Incompatibility of Functions
     Article 126

    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.

  • Election of the Government
     Article 127

    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.

  • Commencement and Termination of Term of Office of the Government and Members of the Government
     Article 128

    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.

  • Interpellation
     Article 129

    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.

  • Vote of no Confidence in the Government or the Member of the Government
     Article 130

    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.

  • Vote of Confidence in the Government
     Article 131

    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.

  • Resignation of the Prime Minister
     Article 132

    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.

  • Resignation and Dismissal of the Member of the Government
     Article 133

    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.

  • Immunity of the President and Member of the Government
     Article 134

    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
     Article 135
    The Law on the Government shall be enacted.