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Guide to Legal Research in the Federal Republic of Serbia and Montenegro

 

By Jelena Glisic

 

Published May 2005

 

Jelena Glisic is a graduate of the Faculty of Philosophy from Nish, Yugoslavia (1997). She holds also a B.A. in Serbian language and literature, and has worked as a language editor for the Prosveta Publishing House. Presently she works for the Nish University Library , Nikola Tesla, as a librarian in the Information-and-Loan Department. In October 2001, she attended Advanced Training for Law Librarians in Riga (Latvia), organized by the Constitutional and Legal Policy Institute (The Open Society Institute from Budapest).

 

 

Update to an article previously published on LLRX.com, April 15, 2002

http://www.llrx.com/features/yugoslavia.htm

 

Table of Contents

 

Background of Serbia and Montenegro’s Legal System

The Authority System

The Legislative Authority

Sources of Law

The Executive Authority

The Council of Ministers

Federal Institutions Not Within the Federal Ministries

Federal Government Services

The Court Authority

A Special Appendix on Yugoslav Human Rights

The Charter of Human Rights, Minority Rights and Civil Rights

Legal Education in Serbia and Montenegro

Law Faculties and the Law Libraries in Serbia and Montenegro

Introduction to Serbia and Montenegro Legal Publishing

Official and Well-Known Publishers of Legal Literature

Contact Info for Legal Publishers

Selected Legal Literature (Except Periodicals)

Textbooks

Constitutional Law

Criminal Law

Criminal Procedure

Criminology

Monographs

Reference Books

List of Selected Legal Periodicals and Contact Info for Well-Known Periodical Publishers

Miscellaneous Legal Sites

 

Background of Serbia and Montenegro’s Legal System

The new state union of Serbia and Montenegro was proclaimed on 4 February 2003, and consists of two federal units: the state of Serbia, which includes the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija (which is currently under an international administration in accordance with United Nations Security Council resolution 1244), and the state of Montenegro. The former federal state, the Federal Republic of Yugoslavia, proclaimed by the Constitution on 27 April 1992, is based on the pluralistic, parliamentary democracy, committed to the rule of law, free market economy, freedom of public activities, social justice, human rights, equality and welfare of all citizens. Those are the basic principles of the new state, too.

 

This kind of union of two states is unusual in comparative systems, which can cause many problems in the activity of a new state. Nevertheless, the government is trying to solve all the problems on a mutual basis of cooperation.

 

Since the establishment of the Constitution of the former federation (from 1992), there have been a lot of changes in the area of the legislation (constitutional, political, economic), as well as in the area of the real relations between the political forces in the government’s institutions.

 

The Constitution of the Federal Republic of Yugoslavia (the constitution of the new state is still under construction) is inspired by well known European constitutions, such as the constitutions of France and Germany, and it contains both elements of the federation and confederation structure (at the moment, the parliament is working on the draft of a new constitution). The Republic of Serbia and the Republic of Montenegro are sovereign, and decide on matters that are not under the jurisdiction of the Federal Republic of Yugoslavia.

 

The new state union's highest legal act is the Constitutional Charter while the constitution is under construction.

 

Both states have their own constitutions according to which they independently establish their own organization of authority. However, there are a few principles in the Federal Constitution on which the organization of the authority is based both in the federal state and in its federal units: the division of authority, representative government, democracy, and local communities.

 

The Authority System

In general, the authority system in a new state, and in its federal units, is the Parliament.

 

The authority system in Serbia and Montenegro is divided into:

  • The Legislative authority
  • The Executive authority
  • The Court authority

The Legislative Authority

Under the Constitutional Charter, the Assembly of SCG exercises legislative power. The Assembly is mono-cameral and is made up of 126 MPs, 91 of which are from Serbia and 35 from Montenegro. The MPs of the Serbia and Montenegro Assembly are elected from either member state in accordance with European and democratic standards on the basis of the laws of the member states.

 

During the first two years after the adoption of the Constitutional Charter, the MPs were elected indirectly, in proportion to their representation in the National Assembly of the Republic of Serbia and the Assembly of the Republic of Montenegro. After that initial period, the MPs will be elected at direct elections. Their term of office will be four years. The Assembly of Serbia and Montenegro elects from among its MPs the President and the Vice-President of the Assembly and they may not come from the same member state.

 

The Assembly was constituted on 3 March 2003.

 

According to the Constitution of the Federal Republic of Yugoslavia, the Federal Parliament, which represents the legislative authority, consists of the Council of Citizens and the Council of Republics. It is elected by citizens, by a system of proportional elections. This model of elections was chosen because of the political pluralism (after 1989), which made it possible for all political organizations to participate equally in the work of the Parliament. Both federal units are equally represented. A decision can be made if both councils elect the same decision during their sessions. The Assembly of SCG also has an election function: it elects and changes the President of the Federal Government, judges of the Federal Constitutional Court and of the Constitutional Court, and the President of the National Bank of Yugoslavia. Yugoslav legislation, especially political legislation since the establishment of the late Constitution, is in the process of developing its basic institutions, according to responsive examples such as France, Germany, and Austria. Political legislation, above all issues of human rights and freedom (for example, freedom of press, or autonomy of the university) was the major reason for the popular dissatisfaction that resulted in political changes at the end of the 2000.

 

The President of Serbia and Montenegro is elected by the SCG Assembly. The President of the Assembly and the President of the State Union may not come from the same member state.

Sources of Law

The Serbia and Montenegro legal system has its origins in European continental law, so it applies the traditional sources of civil law system, including:

  • Constitution;
  • Laws;
  • Other legal documents (you can find this information in publications which appear in the list of legal literature at the end of the article).

 

You can also see the other parts of the article (publishers, periodicals) and visit these Web sites:

 

http://www.intermex.co.yu - On this web site you can get information about "Intermex", which is a privately owned software and publishing company, established in 1989. This publisher has its headquarters in Belgrade (Serbia), Podgorica (Montenegro), Banjaluka (Bosnia and Herzegovina), Nicosia (Cyprus). It specializes in providing software, databases and publications that cover legal regulations (you can find, among other valuable information for lawyers, over 20,000 court decisions and opinions of almost all courts in Serbia and Montenegro), customs tariff, taxes and contract management.  An English version is available.  You can find more about this publishing company in the latter part of the article (legal publishers).

 

http://www.propisi.com - This web site is dedicated to regulations in Serbia and Montenegro. It includes the most recent, the new and the selected state union (Serbia and Montenegro), state (Serbia, Montenegro) and city regulations (Belgrade, the capital of Serbia).

 

http://www.propisi.co.yu/ - On this site you can find the unique system for staying current with regulations and for applications of those regulations. This web site includes everything about regulations in The Federal Republic of Yugoslavia (Serbia and Montenegro), Slovenia, Croatia, Bosnia and Herzegovina, Republika Srpska, Macedonia, Republic of Hungary and European Union. It includes regulations for the capital of Serbia and Montenegro - Belgrade. On this site you can find the full text of regulations, the patterns of regulations and business software, but you must be a subscriber to the site (the Serbian version is the only available version). You can also find the regulations from "Sluzbeni list SR Jugoslavije" and "Sluzbeni glasnik Republike Srbije" (those are the official legal gazettes in Yugoslavia, and the publishers, as well).

 

http://www.ingpro.co.yu - You can find here all updated state union (Serbia and Montenegro) and state (Serbia, Montenegro) regulations, including collections of regulations, registry of regulations, court practices and legal advice and opinions. Unfortunately, the Serbian version is currently the only available version.

 

According to Serbia and Montenegro sources of law, the Anglo-Saxon system of Case Law is not competitive, although the universities from this scientific discipline explore the theory and the practice of the Case Law (in the frame of the legal, political and economic sciences).

The Executive Authority

The symbols of the executive authority are the President of the Federal Republic of Yugoslavia and the Federal Government. The Federal Parliament elects the Federal Government. According to the Constitution, the government is liable as a representative of the Federal Parliament.  The Federal Government establishes and carries out a foreign policy, and maintains the relations of the Federal Republic of Yugoslavia with other countries and international organizations, commonly acts of Federal Parliament. The Federal Government is made up of a prime minister, deputy prime minister, and federal ministers. It is formed for a four-year term.

 

The executive power is vested with the President of SCG and the Council of Ministers that he chairs and runs.

 

The President of Serbia and Montenegro is elected by the SCG Assembly. The President of the Assembly and the President of the State Union may not come from the same member state. The State Union President's term of office is four years. The member states take over the office of President alternately. The current President of Serbia and Montenegro, Svetozar Marovic (elected on 7 March 2003), comes from Montenegro and the President of the Assembly, Dragoljub Micunovic, is from Serbia.

 

The President and two candidates for Minister come from one state and the remaining three candidates for Ministers from the other member state. The President of SCG proposes candidates to the Assembly for the Council of Ministers; the Assembly approves the membership of the Council as a whole. The Ministers have a four-year term of office. The President of SCG and the Council of Ministers answer for their work to the Assembly of Serbia and Montenegro.

 

The President shall:

  • represent Serbia and Montenegro at home and abroad;
  • chair the Council of Ministers and administer its work;
  • be a member of the Supreme Command Council;
  • pass decrees on the appointment and relief of duty of chiefs of diplomatic consular missions of Serbia and Montenegro and receives letters of credence and recall from foreign diplomatic representatives;
  • confer awards and other decorations;
  • proclaim laws passed by the Assembly of Serbia and Montenegro and the regulations passed by the Council of Ministers;
  • call elections for the Assembly of Serbia and Montenegro;
  • perform other duties laid down by the Constitutional Charter.

The Council of Ministers

The Council of Ministers was formed on 17 March 2003. It has five Ministries: Foreign Affairs; Defence; International Economic Relations; Internal Economic Relations; and Protection of Human and Minority Rights.

 

The seat of the Assembly and the Council of Ministers is in Belgrade.

 

The Council of Ministers shall:

  • chart and pursue the policy of Serbia and Montenegro in tune with the jointly agreed policy and interests of the member states;
  • coordinate the work of the Ministries; propose to the Assembly of Serbia and Montenegro the laws and other acts falling within the purview of the Ministries;
  • appoint and relieve of duty the heads of diplomatic-consular missions of Serbia and Montenegro and other officials in line with the law;
  • pass by-laws, decisions and other general enactments for enforcement of the laws of Serbia and Montenegro and
  • perform other executive duties in accordance with the present Constitutional Charter.

 

This body consists of:

  • The President of Serbia and Montenegro
  • Minister of Foreign Affairs
  • Minister of Defence
  • Minister of Foreign Economic Relations
  • Minister of Internal Economic Relations
  • Minister of Human and Minority Rights
  • Secretary General of the Council of Ministers

 

The President chairs and manages the Council’s proceedings and recommends candidates for ministers to the Assembly. After two years in office, ministers exchange office with their deputies. Ministers have four-year term of office.

 

Deputy Ministers:

  • Deputy Minister of Defence
  • Deputy Minister of Foreign Affairs

·         Federal Ministry for Foreign Affairs

·         Federal Ministry for Defence

·         Federal Ministry for Internal Affairs

·         Federal Ministry for Justice

·         Federal Ministry for Finance

·         Federal Ministry for Economy and Domestic Trade

·         Federal Ministry for Transportation and Telecommunications Affairs

·         Federal Ministry for Foreign Economic Relations

·         Federal Ministry of National and Ethnical Communities

Federal Institutions Not Within the Federal Ministries

·         Federal Customs Administration

·         Federal Statistical Office

·         Federal Hydro-meteorological Institute

·         Archives of Yugoslavia

Federal Government Services

  • General Secretariat of Federal Government
  • Federal Government Service for Commercial Activities
  • Air Service
  • Protocol

 

The official Web sites of Serbia and Montenegro are:

The Court Authority

The Court System is based on the principle of division of the authority and independence of the legal authority. Independence of judiciary comes from the principles of legality and constitutionality. The court system of Serbia and Montenegro is unique.

 

Judicial bodies in the State Union of Serbia and Montenegro are:

  • Constitutional Court
  • State Union Court
  • State Union Prosecutor
  • Official register of Serbia and Montenegro

 

The judicial power is vested with the Court of Serbia and Montenegro (State Union Court). Its decisions are final and binding. The Court is authorised to invalidate laws and other regulations of the institutions of Serbia and Montenegro that are contrary to the Constitutional Charter and the laws of Serbia and Montenegro. The judges from both member states have equal representation on the Court. The judges are appointed by the Assembly of SCG at the proposal of the Council of Ministers for a six-year term of office.

 

The seat of the Court is in Podgorica.

 

In addition to the joint Parliament, the Council of Ministers, the President and the Court, every member state has its own Parliament, President and Government.

 

There are two types of courts:

  • Courts of general jurisdiction (township courts, district and the supreme courts of the Republic of Serbia and the Republic of Montenegro), and
  • Courts of specialized jurisdiction (military and economic courts).

 

According to Court Law of the Republic of Serbia (from 1991), there are the following courts of general jurisdiction in Serbia:

  • The municipal courts,
  • The district courts and
  • The Supreme Court of the Republic.

 

According to Court Law of the Republic of Montenegro (from 1995), there are the following courts of general jurisdiction in Montenegro:

  • The Magistrate Courts,
  • The Higher Courts and
  • The Supreme Court of the Republic.

 

There is also the Federal Court, which performs its legal authority according to the Constitution. This court decides on the last level, on the appeals against verdict of the supreme courts and the Republic Military Court, in cases where sentences of imprisonment for fifteen years, or the harder sentences, were pronounced by the Criminal Law Act. The Constitutional Court has jurisdiction too.

 

The Federal State Prosecutor's Office is an independent governmental agency and pursues perpetrators of crimes and other acts punishable by law. It protects constitutionality and legality. The functions of Prosecutor's Office are performed by the Republic Public Prosecutor, District Public Attorney and Township Public Attorney.

 

Taking into consideration the new Constitutional Charter, the constitutions of the Federal Republic of Yugoslavia and its republics, as well as in the court laws, we can conclude that the court organization is based on the following principles:

  • The principle of being elected and the solvability of the judges;
  • The principle of the gathering in the administration of justice;
  • The principle of the participation of the citizens in the legal proceedings;
  • The principle of delivering sentences resorts to the court system, and;
  • The principle of the autonomy and independence of the courts.

 

The following citation (from the textbook "The Criminal Procedure” – by professors Cedomir Stojanovic and Vojislav Djurdjic) explains the last principle:

"According to constitutional and legal regulations, we can conclude that the courts are autonomous and independent organs of the state, which are in court power and decide on the criminal, civil and administrative matters. The function of a judge is elective and permanent…the confirmation of the autonomy and independence of the courts is also the legal regulation. According to that, the judge can not be the minister and the member of committee, he can not perform the political and legal functions, or any other function, job, or duty, which could affect his autonomy and independence, or which could jeopardize his reputation or reputation of the court (the article 6. of the Law of the Republic of Serbia)."

A Special Appendix on Yugoslav Human Rights

  • The Federal Republic of Yugoslavia passed into law and incorporated into its legal system the entire body of internationally recognized human rights laws and regulations.
  • The international treaties on human rights, signed and ratified by The Federal Republic of Yugoslavia, represent an integral part of its internal laws.
  • The Federal Republic of Yugoslavia is a multi-ethnic, multilingual and multi-religion country. One third of the population of The Federal Republic of Yugoslavia consists of national minorities.
  • One third of the provisions of the Constitution of the Federal Republic of Yugoslavia are devoted to human rights.
  • A special part of the Second Chapter of the Constitution of the Federal Republic of Yugoslavia regulates the rights of the national minorities.
  • The Constitution of the Federal Republic of Yugoslavia guarantees the protection of human rights by the courts of justice.

 

The Charter of Human Rights, Minority Rights and Civil Rights

From “Sluzbeni list Srbije i Crne Gore"( 04. 02. 2003)

 

The Charter of Human Rights, Minority Rights and Civil Rights- Article 8

The Charter of Human Rights, Minority Rights and Civil Rights is part of the Constitutional Charter.

 

The Realization of Human Rights, Minority Rights and Civil Rights - Article 9

The new state union members (Serbia and Montenegro) create, provide and protect human rights, minority rights and civil rights, on their state territory.

 

The level of development of individual and collective human rights, minority rights and civil rights, can not be reduced.

 

The new state union of Serbia and Montenegro follows the implementation of human rights, minority rights and civil rights, and provides their protection, in case it is not provided for by the state union members.

 

The Direct Application of International Treaties- Article 10

Regulations of international treaties, regarding human rights, minority rights and civil rights, which are in force in the territories of Serbia and Montenegro, apply directly.

 

Legal Education in Serbia and Montenegro

Legal education in Serbia and Montenegro is based on a high-quality curriculum, organized to develop legal ways of thinking and legal culture. Through the legal profession, lawyers have direct and indirect influence on creating the law.

 

To become a lawyer, a student must graduate from the faculty of law. Studies last for four years (eight semesters). To become a student of the faculty of law, a candidate must pass the admission test. Students are divided into full-time students and part-time students. There are students from foreign countries in Yugoslavia, too. The practical training for students is organized in courts.

 

To become an advocate, or a judge, a lawyer must pass a qualifying examination for judges/advocates. Today, it is necessary for judges to have additional education, according to the regulations of European Union and Council of Europe.

Law Faculties and Law Libraries in Serbia and Montenegro

In total, there are six faculties of law in Serbia and Montenegro.

 

In the Federal Republic of Serbia, there are five faculties of law:

  • The Faculty of Law in Belgrade,
  • The Faculty of Law in Nish,
  • The Faculty of Law in Novi Sad,
  • The Faculty of Law in Kragujevac and
  • The Faculty of Law in Pristina - today it is in Kosovska Mitrovica.

 

In the Federal Republic of Montenegro, there is a Faculty of Law in Podgorica.

 

Each of the faculties and courts has its own library. They cooperate and exchange legal information and material.

 

There are two examples of law libraries in the law faculties in this article.

 

The Faculty of Law in Belgrade has the biggest law library in the country, with about 130,000 monographs, a large number of prints, archives, domestic and foreign periodicals. It is an important center of law investigations. Contact info for the Faculty of Law in Belgrade:

Address: 67, Bulevar Revolucije, St., 11000 Belgrade, Serbia
Web site: http://www.ius.bg.ac.yu
Telephone: (+381 11) 324-15-01
Fax: (+381 11) 322-12-99
E-mail: pravni@ius.bg.ac.yu

 

The Faculty of Law in Nish will be included in the TEMPUS program, which makes the integration into inter-faculty and inter-university cooperation in Europe possible.

 

The faculty has its own library of over 25,000 volumes and 402 titles of periodicals, classified in the systematic, subject, authorial and topographic catalogues, which may also be searched through the computer network. There is a rich lexical material in the Library, as well as the complete collection of official registers issued in Serbia and Montenegro after World War II.

 

Further information of the Faculty and its library is available through its web site. Contact info:

Address: 11, Trg Kralja Aleksandra, St., 18000 Nish, Serbia
Web site: http://www.prafak.ni.ac.yu/
Telephone: (+381 18) 523-099 and 523-545
Fax: (018) 523-545, lok: 189
E-mail (for cooperation with the Faculty of Law in Nish): saradnja@prafak.ni.ac.yu

 

If you want to learn more about legal education in Serbia and Montenegro, you can visit the web site of the University of Belgrade at http://www.rcub.bg.ac.yu.

 

On this academic network you can find out everything about the University of Belgrade (about its institutions). You can also find information about the universities of Serbia, faculties, institutes, libraries, centers. Contact info for the computer center of the University of Belgrade:

Address: 84, Bulevar Revolucije, St., 11000 Belgrade, Serbia
Telephone: (+381 11) 321-84-01 and 434-596
Fax: (+381 11) 303-12-57
Post-office box: 866

Introduction to Serbia and Montenegro Legal Publishing

Serbia and Montenegro is passing through a difficult period, but it is, after the October 2000 elections, in the process of democratic transition of its political, economic and social systems. The main objective of Serbia and Montenegro’s transition is, first of all, to approach the standards of the European continental law and to accept the norms of the European Union, which Serbia and Montenegro intends to join.

 

Serbia and Montenegro has a long tradition in publishing and printing. Taking into consideration that Serbia and Montenegro is passing through a democratic transition, we can conclude that publishing in our country is pretty alive now. There are many successful private publishers today. We can say all that for legal publishing in general.

 

Serbia and Montenegro has a small market for legal materials, but, nevertheless, competition has always been quite strong in this country. There are many important large and small publishers (some of the large publishers are official publishers of legal literature, too). All faculties of law are publishers of legal literature.

 

Readers of this article may find necessary information about the most important legal publishers in Serbia and Montenegro below.

 

Official and Well-Known Publishers of Legal Literature

The most important publishers of legal literature in the country are:

  • "Sluzbeni list Savezne Srbije i Crne Gore” (Belgrade),
  • "Sluzbeni glasnik Republike Srbije" (Belgrade),
  • "Sluzbeni list Republike Crne Gore” (Podgorica - Montenegro),
  • "Intermex" (Belgrade),
  • "Savezni sud" (Belgrade),
  • "Institut za uporedno pravo" (Belgrade),
  • "Zavod za udzbenike i nastavna sredstva" (Belgrade),
  • "Savremena administracija" (Belgrade),
  • "Naucna knjiga" (Belgrade),
  • "Poslovna politika" (Zemun, Serbia),
  • "Policijska academia” (Belgrade),
  • "Jugoslovensko udruzenje za medjunarodno pravo” (Belgrade),
  • "Udruzenje pravnika Jugoslavije" (Belgrade),
  • "Udruzenje pravnika Srbije" (Belgrade),
  • "Srpsko udruzenje za krivicno pravo" (Belgrade),
  • "Prosveta - Beograd" (Belgrade),
  • "Prosveta - Nish" (Nish, Serbia),
  • "Narodna knjiga" (Belgrade),
  • "Beostar" (Belgrade),
  • "Pravo” (Novi Sad, Serbia),
  • "Data status" (Beograd)

Contact Info for Legal Publishers

"Sluzbeni list Srbije i Crne Gore" is the well-known name of the official publisher and official legal gazette. This publishing house was founded in 1945 by the government of former Yugoslavia. It publishes laws, decisions, and indexes, but only in Serbian. The web site of this publishing house is not yet available.

Address: 1, Jovana Ristica, St., 11000 Belgrade, Serbia
Telephone: (+ 381 11) 306-05-00

 

Some of the regulations from "Sluzbeni list Srbije i Crne Gore" can be found on the web site for state laws and regulations at http://www.propisi.co.yu/.

 

"Sluzbeni glasnik Republike Srbije" is the well-known name of the official publisher and official legal gazette. The Government of the Republic of Serbia and Parliament of the Republic of Serbia founded it in 1945. All information (laws and other regulations, common acts of republic bodies, and specific individual acts of republic bodies) is available only in Serbian.

 

The gazette is published once a week (30,000 copies), but it is also published at the request of the Government or Parliament.

 

On the old web site (a new one is under construction) you can see references, CDs and the online catalogue, which is not up-to-date. The catalogue contains official gazettes ("Sluzbeni glasnik Republike Srbije", "Prosvetni glasnik" - republic curriculums and programs, "Opstinski sluzbeni glasnik" - the official gazette of forty communities in Republic of Serbia, with normative and other common acts, in 800 copies), periodicals, federal and republic regulations, books and other publications, and patterns of regulations.

Address: 27, Kralja Milutina, St., and 34 Nemanjina, St., 11000 Belgrade, Serbia
Web site: http://www.glasnik.com

Some of the regulations from "Sluzbeni glasnik Republike Srbije", you can find on the web site for laws and regulations at http://www. propisi.co.yu/.

Telephone: (+ 381 11) 688-406; (+ 381 11) 334-65-81
E-mail: office@glasnik.com; glasnik@infosky.net