Serbia Marks 20 Years of Its Constitution; Peric: Kosovo and Metohija at the Heart of Serbian National Identity

The Constitutional Court of Serbia today marked the 20th anniversary of the adoption of the Serbian Constitution, with participants emphasizing that every constitution represents the foundation of a country’s legal and institutional order. Slobodanka Peric, Dean of the Faculty of Law of the University of Pristina with its temporary seat in Kosovska Mitrovica, said that the academic community in Kosovo was fighting for the survival of the Serbian people through books, knowledge and education.

“Our responsibility is embedded in the obligation proclaimed by the preamble to the 2006 Constitution, which emphasizes that the Province of Kosovo and Metohija is an integral part of the territory of Serbia and, at the same time, establishes an obligation for all state bodies to represent and protect Serbia’s state interests in Kosovo and Metohija,” said Peric, who is also President of the Management Board of the Institute of Comparative Law.

She stressed that the preamble to the Serbian Constitution “shows that Kosovo and Metohija is at the core of Serbian national identity, a pillar of spirituality and collective consciousness, and not merely a geographical and political concept,” Euronews Serbia reported.

Petrov: Every Serbian constitution has faced a tension between the European and the national

President of the Constitutional Court of Serbia Vladan Petrov said that every Serbian constitution had faced an apparent tension between European principles and fidelity to national identity and tradition, which was why efforts had always been made to strike a balance between European and national constitutional identity.

Speaking at an international conference at the Serbian National Assembly, Petrov said that this tension was also evident in the current Constitution, which, on the one hand, safeguards Kosovo while, on the other, reflects an orientation toward European principles and values.

He stressed that in recent years the Venice Commission had focused primarily on challenges to the rule of law and its restoration at a time when, as he put it, a worrying regression in rule-of-law standards was emerging at the national, regional and global levels.

He said that constitutions today were even more important than they had been when their widespread adoption around the world first began.

“They should not merely serve as guarantors of the rule of law and democracy as such, but also as effective instruments of peace and pacification through dialogue. In an era of great tensions, peace is the supreme value, without which there can be neither human dignity nor other fundamental human rights,” Petrov said, according to Tanjug.

Deputy President of the Supreme Court of Serbia Slobodan Velisavljevic said that the Constitution regulates the organization of government, establishes the foundations of citizens’ rights and freedoms, and sets limits on holders of public office.

“Its strength is reflected not only in the norms it establishes, but also in the willingness of both institutions and individuals to consistently respect and apply those norms,” Velisavljevic said

He added that the rule of law was a daily obligation and a measure of the accountability of every institution, making the role of the judiciary exceptionally important.

Vice-President of the High Prosecutorial Council Miroslav Djordjevic recalled that the 2006 Constitution succeeded the 1990 Constitution.

“Compared with its predecessor, the current Constitution represents progress in certain respects, but perhaps a step backward in others. The 2006 Constitution was particularly marked by issues relating to the judiciary, which the Venice Commission criticized immediately after its adoption. In 2022, following several unsuccessful attempts, Serbia succeeded in amending these provisions through a complex procedure that also included a referendum,” Djordjevic explained.

Vice-President of the Venice Commission Eirik Holmoyvik said that, when it comes to constitutions, 20 years is not a short period, as relatively few constitutions have survived for more than a century.

“According to empirical research, most constitutions are relatively short-lived, while only a small number remain in force for more than 25 years. Since the adoption of the first written constitutions in the late 18th century, the median lifespan of constitutions has been around 19 years. Therefore, today we can celebrate the fact that the Serbian Constitution has exceeded the historical median lifespan of constitutions. From a historical perspective, we can say that the Serbian Constitution has matured and become firmly established,” Holmoyvik said.

Judge of the European Court of Human Rights Latif Huseynov said that the Serbian Constitution and the European Convention provide a framework for protecting human rights and ensuring that the exercise of public authority is subject to the law.

“The rule of law and respect for human rights are firmly embedded in the Serbian Constitution. Article 1 stipulates that Serbia is a state based on the rule of law and social justice, the principles of civil democracy, human and minority rights and freedoms, and adherence to European principles and values,” Huseynov said.

President of the Constitutional Court of Italy Giovanni Amoroso stressed that the Serbian Constitution belongs to the category of modern constitutions that directly incorporate human and minority rights, as well as generally accepted rules of international law.

“Within this framework, constitutional provisions are interpreted in light of the case law of international courts and tribunals, primarily the European Court of Human Rights and the Court of Justice of the European Union. In addition, the constitutional order provides comprehensive protection against direct and indirect discrimination,” Amoroso said.

Judge of the Constitutional Court of Azerbaijan Rashid Rzayev said that the adoption of Serbia’s new Constitution represented an important political and legal event in the history of the country’s democratic development

“By adopting this fundamental document, the Serbian people made a historic choice in favor of building a modern society based on the rule of law. Over the period since its adoption, the Serbian Constitution has not only regulated the system of state bodies but has also become a reliable guarantor of the development of a state governed by law. Particular emphasis should be placed on the role of the Constitutional Court of Serbia as an independent judicial institution that effectively ensures the supremacy of the principles and norms established by the Constitution,” Rzayev said.

President of the World Jurist Association Javier Cremades said that even countries with long constitutional traditions, such as the United States, were facing new challenges because a constitution was not merely a formal system and a set of rules, but also required a connection between individuals and the constitution.

“It must also be a living organism that requires creativity, reflection and citizens’ participation. What we are witnessing today is reminiscent of a return to a world we once knew. Authoritarian regimes seem to be becoming functional and effective again. Autocratic systems function, provide good living conditions for their citizens, and at times it seems that people have grown weary of the system of the rule of law. We are witnessing hundreds of thousands, even millions, of citizens genuinely losing their connection with the system, and that represents a serious problem,” Cremades stressed.

The Serbian Constitution was adopted by the National Assembly of Serbia on September 30, 2006, following the dissolution of the state union with Montenegro, and was approved by citizens in a two-day referendum held on October 28 and 29 of the same year.