| Parliament name (generic / translated) |
Narodna skupstina / National Assembly |
| Structure of parliament |
Unicameral |
|
POLITICAL SYSTEM
|
| Type of political regime |
semi-presidential |
| Notes |
The State Union of Serbia and Montenegro, based on the equality of the two member states, was proclaimed on 4 February 2003. Its highest legal act is the Constitutional Charter. Under the Charter, the unicameral Assembly exercises legislative power and is made up of 126 parliamentarians, 91 from Serbia and 35 from Montenegro. Executive power is vested in the President and the Council of Ministers. In addition to the joint Parliament, Council of Ministers, President and Court, both member states have their own institutions. |
| Head of the executive |
President of the State Union |
| Notes |
The President represents the Union at home and abroad and chairs the Council of Ministers (Article 26 of the Constitution). He administers more generally the work of the Council. The latter charts and pursues the policy in tune with the jointly agreed interests of the member states and coordinates the work of the ministries (Article 33 of the Constitution). |
| Method for appointing the executive |
The President and Vice-President of the Union Assembly propose to the Assembly a candidate for President (Article 27 of the Constitution). If the proposed candidate fails to win the requisite number of votes, they propose, within 10 days, a new candidate. If that candidate fails to poll the requisite number of votes, the Assembly is dissolved and elections are called. If the elected President is from the same state as the President of the Assembly, the President and the Vice-President of the Assembly switch their posts. The President of the Union may not be from the same member state for two consecutive terms.
The President proposes to the Assembly candidates for the Council of Ministers and candidates as deputy minister for foreign affairs and for defence (Article 35 of the Constitution). Two candidate ministers must be from the same state as the President and three from the other. The candidates for the minister of foreign affairs and the minister of defence must be from different member states, with the same applying to their deputies. The Assembly votes for the list of candidates for the whole Council. If the list does not obtain the requisite number of votes, the President may propose two more lists of candidates. If a list of candidates does not obtain the requisite number of votes within 60 days from the date of the proposal of the first list of candidates, the Assembly is dissolved and elections called. |
| Term of office of the executive and coincidence with the term of the legislature |
The terms of office of the President and ministers last for four years (Article 29 of the Constitution). During the first two years upon the adoption of the Constitutional Charter, deputies are elected indirectly, in proportion to the representation in the National Assembly of Serbia and the Assembly of Montenegro (Article 20 of the Constitution). After this initial period, deputies are elected by direct ballot for a four-year term of office. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No data |
Not available |
| Dissolution of Parliament |
Yes |
|
|
|
The Assembly is dissolved if the second proposed candidate for President fails to poll the requisite number of votes in the Assembly, as well as if a second list of candidates for minister does not obtain the requisite number of votes within 60 days of the date of the proposal of the first list of candidates. |
|
|
In both cases, the Assembly is dissolved and new elections are called. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The President and the Council of Ministers answer to the Assembly of the Union (Article 28 of the Constitution). |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Not available |
- Government reports to Parliament
|
Not available |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
Not available |
| Motions of censure and votes of no confidence (sub-report) |
|
|
The term of office of ministers and of their deputies may cease prematurely by a vote of no confidence or by the dissolution of the Assembly (Article 39 of the Constitution). |
|
|
Not available |
|
|
The ministers and deputy ministers whose term of office has been terminated discharge their functions pending the election of new ones. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President's term of office may cease prematurely by his or her resignation, relief of duty and the dissolution of the Assembly (Article 30 of the Constitution). The Assembly may relieve the President of his or her duty if it is established that he or she has infringed the Constitutional Charter. |
|
|
The procedure to establish the infringement of the Constitutional Charter is initiated by the Assembly and established by the Court of the Union. |
|
|
The President whose term of office has ceased due to the dissolution of the Assembly continues to carry out his or her duty pending the election of a new President (Article 32 of the Constitution). If the President tenders his or her resignation or is relieved of duty, the office is, pending the election of a new President, assumed on a provisional basis by the Vice-President of the Assembly. |
- Have these procedures been applied?
|
|
Not available |
|
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The President and the Council of Ministers answer to the Assembly of the Union (Article 28 of the Constitution). |
| Means and modalities of oversight |
|
|
Not available |
- Committees of inquiry and missions to Government departments
|
Not available |
- Oral and written questions of parliamentarians
|
Not available |
- Role of Parliament in the appointment of senior Government officials
|
Not available |
- Activity reports of the Government administration and of public services or establishments
|
Not available |
- Representation of Parliament in governing bodies of the Government administration
|
Not available |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
Not available |
- Relationship to Parliament
|
Not available |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
Not applicable |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The Assembly enacts laws and other instruments governing the annual revenues and expenditures required for financing the activities entrusted to the Union at the proposal of the competent bodies of the member states and the Council of Ministers (Article 19 of the Constitution). |
- Reports on the budget / finance act by Committees
|
Not available |
| Fields overseen |
|
|
Not available |
- Budget of special departments
|
Not available |
- Role of Parliament in national development plans
|
Not available |
| Parliament's deadline for the examination and adoption of the budget / finance act |
Not available |
| Consequences of failure by Parliament to adopt the budget / finance act |
Not available |
| Budgetary autonomy of Parliament |
No data |
Not available |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
No data |
Not available |
| Parliamentary oversight of public companies |
No data |
Not available |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
Not available |
- Reports of the public auditor's office
|
Not available |
|
|
Not available |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
Not available |
|
|
Not available |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Not available |
- Plenary debates on foreign policy issues
|
Not available |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Not available |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The minister of foreign affairs negotiates international agreements (Article 40 of the Constitution). The Assembly ratifies international treaties and agreements and enacts laws and other instruments governing the enforcement of international law and the conventions laying down the obligations of the Union to cooperate with international courts (Article 19 of the Constitution). |
- Other mechanisms for participation in foreign policy by Parliament
|
The minister of foreign affairs is responsible for the pursuit of foreign policy and proposes to the Council of Ministers candidates for Heads of diplomatic and consular missions (Article 40 of the Constitution). He or she coordinates the charting of foreign policy with the competent bodies of the member states. The Assembly enacts laws and other instruments governing membership of the Union as a personality of international law in international organisations and the rights and duties arising from that membership subject to preliminary approval of the competent bodies of the member states (Article 19 of the Constitution). |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not available |
|
|
Not available |
- Composition of the Committee
|
Not available |
| Parliamentary oversight of public arms manufacturing companies |
Not available |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
The Assembly enacts laws and other instruments governing the declaration and abolition of the state of war subject to the preliminary approval of the Assemblies of the member states (Article 19 of the Constitution). |
- Role of Parliament in sending troops abroad
|
Not available |
- Other mechanisms for participation in national defence policy by Parliament
|
The Assembly enacts laws and other instruments governing military issues and defence (Article 19 of the Constitution). The minister of defence coordinates and implements the charted defence policy and commands the military in accordance with the law and the powers of the supreme command council (Article 41 of the Constitution). He or she proposes to that council candidates for posts and appoints, promotes and relieves from duty military officers in line with the law. |
|
STATE OF EMERGENY
|
| Circumstances |
The Assembly enacts laws and other instruments governing the declaration and abolition of the state of war subject to the preliminary approval of the Assemblies of the member states (Article 19 of the Constitution). |
| Can parliament take the initiative to declare a state of emergency |
No data |
|
| Consequences of a state of emergency for Parliament |
Not available |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
The courts |
Judicial power in the Union is vested with the Court of Serbia and Montenegro. The Court is authorised to invalidate laws and other regulations that are contrary to the Constitutional Charter or laws. The Court includes an equal number of Judges from both member states (Article 47 of the Constitution). Judges are elected by the Assembly upon the proposal of the Council of Ministers for a period of six years. They may be elected only once. |
|
|
The court is competent to adjudicate (i) cases between the institutions of Serbia and Montenegro concerning issues falling within their competence under the Constitutional Charter; (ii) cases between Serbia and Montenegro and one or both member states or between them concerning issues falling within their purview; (iii) appeals filed by citizens if no other legal remedies have been stipulated, in the case that an institution of Serbia and Montenegro has interfered with the rights and freedoms that are guaranteed to them by the Constitutional Charter; (iv) compatibility of the Constitutions or laws of the member states with the Constitutional Charter; (v) compatibility of the laws of the member states with the law of the Union; and (vi) legality of final administrative acts of the institutions of Serbia and Montenegro (Article 46 of the Constitution). The court takes legal positions and gives legal opinions on activities to align jurisprudence more closely.
The decisions of the court are binding and without the right of appeal. The court is authorized to put in abeyance the laws, other regulations and acts of the institutions of Serbia and Montenegro that are in conflict with the Constitutional Charter and with the laws of Serbia and Montenegro. When assessing whether the laws or competences of the member states are in line with the laws and responsibilities of Serbia and Montenegro or whether this is the case between the member states, the deliberations at the meeting of the court are also attended by the Judges of the Constitutional Courts of the member states who take part in decision-making. When assessing whether the Constitution, laws or competences of a member state is in line with the Constitutional Charter, the laws and competences of the Union, the deliberations of the court are also attended by the Judges of the Constitutional Court of that member state which takes part in decision-making. |
| Evaluation of laws |
No data |
Not available |
| Measures |
|
