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Draft Proposal for the Constitutional Reconstruction of the FRY
July 31, 2001
The draft proposal recommends that the federal fields of authority be: fundamental citizen rights and freedoms, protection of minority rights, foreign policy, with the possibility for the member republics to participate independently in international co-operation. Within federal jurisdiction would also fall the following functions: national defence (to be controlled by the Federal Parliament), the common market, the monetary and customs systems, transportation and communications in conformity with international conventions. Federal jurisdictions function according to two systems: one of the exclusive jurisdiction of the federal organs, and the other of mixed jurisdictions. The exclusive jurisdiction of the federal organs covers foreign policy, national defence, monetary and customs systems, transportation and communications, contract law and equities. The mixed jurisdictions should function according to the system of decision-making and executing where the Federal Parliament would establish the bases of the system, and the Republic Parliaments would pass appropriate legislation. The mixed jurisdictions include: fundamental rights and freedoms, protection of minority rights, property relations, tax system, old age pensions, personal and property insurance. The federal Parliament, the President of the Republic, the Federal Government and the Federal Court represent the institutions of the federal state union. The bicameral Federal Parliament is the representative and legislative body of the state union. The Chamber of Republics is made up of an equal number of representatives from both federal units and their election is within the jurisdiction of the member republics. The Chamber of Citizens is composed of the representatives of the citizens of the common state. The minimum number of representatives for the Council of Citizens from each member republic shall be determined by the Constitution. The Federal Parliament makes decisions in a bicameral procedure, whereby any proposal must be adopted by both Chambers. Decisions are made with a majority of votes of the representatives in each of the Chambers. The President of the Republic represents the country at home and abroad. He is elected and impeached by the Federal Parliament. The President can only be impeached following the decision by the Federal Constitutional Court on whether he has violated the Constitution. Any of the two parliamentary chambers can suggest the impeachment of the President. The President proposes to the Federal Parliament candidates for offices in the executive and the judiciary. The president of the Republic and the Federal Prime Minister cannot be from the same member republic. The Federal Government is the main institution of the executive power. It is made up of the Prime Minister and five ministers appointed by the Prime Minister. The Prime Minister himself is elected by the Federal Parliament on the suggestion of the President of the Republic. The Federal Government is responsible to the Federal Parliament, while a vote of no confidence requires the majority of votes of the representatives in each of the parliamentary chambers. The Federal Court acts as both the Constitutional and the Supreme Court. The introduction of ombudsman for the protection of ethnic minority rights has also been proposed. Consent of the member republics is required for the introducing changes to constitutional clauses concerning the jurisdictions of the state union and the manner of electing and the structure of federal institutions. A two third majority of votes of the representatives in each of the parliamentary chambers is requisite for any other constitutional changes.
Following the adoption of the draft proposal, the two coalitions will present the joint platform to political parties in Serbia and Montenegro with the aim of starting a comprehensive political dialogue on an optimal model of the common state organization. The international community will also be presented with the draft proposal.
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