VERFASSUNG SERBIENS ALS SELBSTSTÄNDIGER UND UNABHÄNGIGER STAAT
CONSTITUTION OF SERBIA AS AN SELF DECLARANT AND INDEPENDENT STATE

Summary/Abstract: Following the disintegration of Solana’s State Union of Serbia and Montenegro in 2006 – upon the referendum held in Monte Negro – more than eighty years after the “Serbs, Croats, and Slovenes” after the World War I had founded Yugoslavia, Serbia became an autonomous and independent State. In the same year, more than one hundered years after Serbia as a kingdom had adopted Constitution in 1903 – comparable with the then European constitutions – it also adopted a new Constitution as the autonomous and independent State. The Constitution is composed of a preamble, which in terms of the technique of legal drafting and its place in the overall structure of the document is not a constitutive part of the Constitution, and is also composed of a normative part. According to the text of the preamble, the Constitution stems in particular from the state tradition of the Serbian nation and from the equality of all citizens and ethnic communities in Serbia. In terms of its substance and the character of the basic principles, especially those concerning state sovereingnty, the rule of law, the separation of powers, and the regulation of human and minority rights and freedoms, as well as regarding the introduction of a parliamentary system, the Serbian constitution is comparable with newer constitutions of Central and Eastern Europe.

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