УСТАВ РЕПУБЛИКЕ СРБИЈЕ ИЗ 2006 – КРИТИЧКИ ПОГЛЕД
2006 CONSTITUTION OF THE REPUBLIC OF SERBIA – A CRITICAL APPRAISAL

Summary/Abstract: Although the new Constitution was in the making in Serbia for quite some time, draft of the Constitution, which has finally made its way into the final version, has been assembled unexpectedly and in a hurry, while the procedure of adoption has been accelerated to the utmost extent. Formally, there were no infractions of the amending procedure provided for in 1990 Constitution, but it is hard to ignore objection that the new Constitution is a result of horsetrading between three main political parties, while the wider political and entire professional community has been sidelined. There were two main reasons for this speed. One was to preempt a possible negative decision of the UN Security Council with regard to the status of Kosovo, currently under international civil and military administration, through including in the Constitution a provision which states that Kosovo ‘is a part of sovereign state of Serbia’. Since the Constitution has to be affirmed at the referendum, and this has to be done by majority of all Serbian voters, this position would be backed by the highest possible degree of legitimacy. Second reason for this ‘blitz’ adoption was to provide Serbia with a proper Constitution which would reflect its new ‘status’ after Montenegro left the state union Serbia and Montenegro. It seems that this dissolution has not been expected.

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