Direct Democracy

Serbia

DD002

Direct Democracy Provisions (National Level)

Question:	Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:	a. Yes
Comments:	Constitution, Article 2: Sovereignty is vested in citizens who exercise it through referendums, people’s initiative and freely elected representatives. Article 176 Citizens shall have the right to the provincial autonomy and local self-government, which they shall exercise directly or through their freely elected representatives. Article 182 Territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered shall be regulated by the Law. Territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the Law. Article 188 Establishment, revocation or alteration of the territory of a local self-government unit shall be preceded by a referendum on the territory of that local self-government unit. Article 108 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. Article 203: The National Assembly shall adopt an act on amending the Constitution by a two-third majority of the total number of deputies and may decide to have it endorsed in the republic referendum by the citizens.
Source:	Constitution: Constitution of the Republic of Serbia, art. 2:1, 108, 176:1, 182, 188, 203. http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view Electoral Law: The law on Referendum and Civil Initiative. http://aceproject.org/regions-en/countries-and-territories/RS/links/law-on-referendum-and-civil-initiative
Verified:	2017/03/15

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DD003

Mandatory referendums (national level)

Question:	Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:	a. Yes
Comments:	Article 182 Territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered shall be regulated by the Law. Territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the Law. Article 188 Establishment, revocation or alteration of the territory of a local self-government unit shall be preceded by a referendum on the territory of that local self-government unit.
Source:	Constitution: Constitution of the Republic of Serbia, art. 182, 188. http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:	2017/03/15

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DD004

Optional referendums (national level)

Question:	Are there any Legal Provisions for Optional Referendums at the national level?
Answer:	a. Yes
Comments:	Article 108 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. Artilce 203: The National Assembly shall adopt an act on amending the Constitution by a two-third majority of the total number of deputies and may decide to have it endorsed in the republic referendum by the citizens.
Source:	Constitution: Constitution of the Republic of Serbia, art. 108, 203. http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:	2017/03/15

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DD005

Citizens' Initiatives (national level)

Question:	Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:	a. Yes
Comments:
Source:	Electoral Law: Law on Referendum and Civil Initiative http://aceproject.org/regions-en/countries-and-territories/RS/links/law-on-referendum-and-civil-initiative
Verified:	2017/03/15

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DD006

Agenda Initiatives (national level)

Question:	Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:	a. Yes
Comments:	Constitution, Article 107 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.
Source:	Constitution: Constitution of the Republic of Serbia, art. 107 http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:	2017/03/15

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DD007

Question:	Are there any Legal Provisions for Recalls at national level?
Answer:	b. No
Comments:
Source:	Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified:	2017/03/15

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DD129

Question:	Are the results of referenda always binding, never binding or sometimes binding?
Answer:	a. Always binding
Comments:	Article 25 A decision adopted in the referendum is binding. If the citizens previously declared on a certain issue in the referendum, the body adopting the act prescribing the issue concerned is obliged to adopt it in accordance with the citizens’ will expressed in the referendum in accordance with the act on the announcement of the referendum and not later than within 60 days from the date of the referendum. If the citizens had approved an act by voting in the referendum, the act shall be considered adopted on the date of the referendum and shall be proclaimed on the date of the proclamation of the act concerned. If the citizens had voted against the act in the referendum, it shall be deemed that the act had never been adopted.
Source:	Electoral Law: The Law on Referendum and Civil Initiative, art. 25. Republic Electoral Commission-implementation of referendums http://www.rik.parlament.gov.rs/referendumi.php
Verified:	2017/03/15

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DD130

Question:	Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:	c. Both constitutional and other issues
Comments:	Article 108 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. Artilce 203: The National Assembly shall adopt an act on amending the Constitution by a two-third majority of the total number of deputies and may decide to have it endorsed in the republic referendum by the citizens.
Source:	Constitution: Constitution of the Republic of Serbia, art. 108, 203. https://www.constituteproject.org/constitution/Serbia_2006#s460
Verified:	2017/03/15

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DD131

Question:	Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:	a. Yes
Comments:	Article 182 Territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered shall be regulated by the Law. Territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the Law. Article 188 Establishment, revocation or alteration of the territory of a local self-government unit shall be preceded by a referendum on the territory of that local self-government unit.
Source:	Constitution: Constitution of the Republic of Serbia, art. 182, 188. https://www.constituteproject.org/constitution/Serbia_2006#s460
Verified:	2017/03/15

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