The Statute Of The Autonomous Province Of Vojvodina
("Official Gazette of AP Vojvodina", number 20/2014)
Pursuant to Article 185 Paragraph 2 of the Constitution of the Republic of Serbia (“Official Gazette of the Republic of Serbia” number 98/2006) and the Decision on Granting the Previous Consent of the National Assembly of the Republic of Serbia (“Official Gazette of the Republic of Serbia” number 54/2014),
the Assembly of the Autonomous Province of Vojvodina, at the session held on 22 May 2014, passed
THE STATUTE OF
THE AUTONOMOUS PROVINCE OF VOJVODINA
I. GENERAL PROVISIONS
Autonomous Province of Vojvodina
Article 1
Autonomous Province of Vojvodina (hereinafter: the AP Vojvodina) shall be an autonomous territorial community of the Republic of Serbia in which citizens shall exercise their right to provincial autonomy, in conformity with the Constitution and law.
The AP Vojvodina shall be an inseparable part of the Republic of Serbia in which European principles and values shall be fostered.
Legal Status of the AP Vojvodina
Article 2
The AP Vojvodina shall be a legal entity.
The Assembly of AP Vojvodina shall, by way of a Provincial Assembly decision, designate a body of the AP Vojvodina which shall represent the AP Vojvodina as a legal entity, thereby exercising the rights and responsibilities possessed by the AP Vojvodina as the founder of public enterprises and institutions, in conformity with the law.
Territory of the AP Vojvodina
Article 3
The territory of the AP Vojvodina shall consist of local self-government units, established by the law.
The territory of the AP Vojvodina may be altered in conformity with the Constitution and law.
Right to Provincial Autonomy
Article 4
The citizens of the AP Vojvodina shall have the right to provincial autonomy, in conformity with the Constitution.
Exercising the Right to Provincial Autonomy
Article 5
The citizens of AP Vojvodina shall exercise their right to provincial autonomy directly, by means of people’s initiative or referendum and through their freely elected representatives, in conformity with the Constitution and law.
Equality of Citizens and National Equality
Article 6
The citizens of the AP Vojvodina shall be equal in exercising their rights, irrespective of their race, gender, nationality, social background, birth, religion, political or other belief, financial standing, culture, language, age, mental or physical disability, in conformity with the Constitution and law.
Within the scope of its rights and responsibilities, the AP Vojvodina shall contribute to the exercise of a full equality, guaranteed under the Constitution, of Hungarians, Slovaks, Croats, Montenegrins, Romanians, Roma, Bunjevac, Ruthenians, Macedonians and persons belonging to other numerically smaller national minorities - national communities living in its territory and the Serbian people.
Мultilingualism, Multiculturalism and Freedom of Confession
Article 7
Multilingualism, multiculturalism and freedom of confession shall represent values of particular interest to the AP of Vojvodina.
Within the scope of its competences, the AP Vojvodina shall promote and help to preserve and develop multilingualism and cultural heritage of national minorities - national communities living in its territory and undertake special measures and activities to support mutual learning about and respect of languages, cultures and confessions in the AP Vojvodina.
Exercise of Gender Equality
Article 8
The AP Vojvodina shall see to the exercise of equality of women and men, in conformity with the law.
Symbols of the AP Vojvodina
Article 9
The AP of Vojvodina shall determine its symbols and their use in conformity with the Constitution.
The symbols of the Autonomous Province shall be its flag and coat-of-arms.
The flag of the AP Vojvodina consists of three colours, red, blue and white, arranged horizontally, in proportions 1:8:1. In the middle of the blue field there are three yellow stars set in a circle.
The Coat of Arms of the AP Vojvodina is a shield composed of three fields, two vertical and one horizontal, where looking from left to right the historic coats of arms of Bačka, Banat and Srem are placed. The historic coat of arms of Bačka is placed in the vertical field on the left – the Apostle Paul standing barefoot on a dark, royal blue field, on a green surface, wearing a brown cloak and with a golden halo around his head, holding a white sword with golden hilt in his right hand, and arm guards, pointing downwards, while holding a book with black covers in his left hand. The vertical field on the right contains the historic coat of arms of Banat – on a red field there is vertically positioned golden lion turned to the right holding a saber in its right paw. The horizontal field contains the historic coat of arms of Srem – on a dark, royal blue field there are three silver ribbons – rivers Bosut, Sava and Danube. Under the second ribbon there is a deer resting on a green field with a golden collar around its neck, with a cypress tree behind it.
Traditional symbols of the AP Vojvodina shall be:
- The flag of the AP Vojvodina is the traditional threecololur with horizontal red, blue and white colour fields of the same height, looking from top to bottom. The ratio of the length to the width of the flag is 3:2.
- The coat of arms of the AP Vojvodina is the traditional coat of arms from 1848, with the red shield in which is a silver cross between four firesteels, with their bases turned towards the vertical beam of the cross. The shield is encircled by an open wreath of acorns on the left side, and natural colour olive branches on the right side, tied with a blue ribbon. The shield lies on the Duke’s cloak with three pleats, separated in two parts, and hanging under the closed Duke’s crown, which covers the pleat in the centre of the cloak.
Specific questions concerning the form and the use of the symbols and traditional symbols shall be regulated by a Provincial Assembly decision.
City of Novi Sad – Seat of Provincial Authorities
Article 10
The City of Novi Sad shall be the administrative centre of the AP Vojvodina, which shall be the seat of provincial authorities.
A Provincial Assembly decision may establish that the seat of particular authorities of the AP Vojvodina be outside the City of Novi Sad.
Public Property of the AP Vojvodina
Article 11
The manner of use and disposal, as well as other issues pertaining to the public property of the AP Vojvodina – provincial property, shall be regulated by law, in conformity with the Constitution.
The public property of the AP Vojvodina shall include the assets used, pursuant to the law, by the authorities of the AP Vojvodina, institutions and public enterprises founded by the AP Vojvodina, along with other movable and immovable items, in compliance with the law.
The body in charge of management and disposal of the public property of the AP Vojvodina shall be established in the Statute.
The Provincial Public Attorney’s Office shall represent the AP Vojvodina in the proceedings concerning the protection of interests and property rights.
Agricultural Land
Article 12
Arable agricultural land, natural rarities, scientific, cultural and historical heritage shall enjoy special protection under the conditions stipulated by the law and legal acts of the AP Vojvodina.
Agricultural, forest and wet land shall serve the general welfare.
Agricultural land may not alter its purpose, except in specific cases, established in the law and a Provincial Assembly decision, when it is necessary for the purpose of meeting the essential needs of the society, which could not have been satisfied otherwise.
Environmental Protection
Article 13
The AP Vojvodina shall ensure the conditions for protection and improvement of the environment, undertake measures for prevention and elimination of detrimental effects which threaten the environment and jeopardise human life and health and regulate other issues relevant to the Province, in conformity with the law.
Development of the AP Vojvodina
Article 14
The AP Vojvodina shall regulate the issues relevant to the Province pertaining to economic, educational, cultural and tourist development and shall see to the balanced development in its territory, in conformity with the law.
Cooperation with Local Self-Governments
Article 15
In carrying out the tasks within the scope of its competences, the AP Vojvodina shall establish cooperation and coordination with local self-government units in its territory.
Cooperation with Corresponding Territorial Communities
Article 16
The AP Vojvodina shall cooperate with territorial communities and other forms of autonomies of other countries, in the framework of the foreign policy of the Republic of Serbia and shall be obliged to observe its territorial integrity and legal system.
The AP Vojvodina shall conclude agreements with corresponding territorial communities of other countries, in conformity with the law.
The AP Vojvodina may be a member of European and international associations of regions.
Within the diplomatic – consular representation office of the Republic of Serbia, upon request of the AP Vojvodina, a separate unit may be established, in conformity with the law, for the purpose of representation, promotion and enhancement of economic, educational and tourist capacities of the AP Vojvodina.
Institutions of the AP Vojvodina
Article 17
Within the scope of its competences, established in the Constitution and law, the AP Vojvodina shall establish institutions in the field of education, accommodation of university and secondary school students and pupils, science, culture, physical education, health care, social welfare and other spheres, in conformity with the law.
Protection of Provincial Autonomy
Article 18
Within the scope of their rights and responsibilities defined by the Constitution and Statute, the Assembly of AP Vojvodina or Provincial Government shall have the right to appeal to the Constitutional Court if a single act or action of a state authority or body of local self-government unit should obstruct the exercise of competences of the AP Vojvodina.
The Assembly of AP Vojvodina or Provincial Government may instigate the proceedings for assessment of constitutionality and legality of a law and other general act of the Republic of Serbia or a general act of a local self-government unit which has violated the right to provincial autonomy.
In case the proceedings under Paragraph 1 and 2 of this Article has been instigated by the Provincial Government, it shall be obliged to notify the Assembly of AP Vojvodina thereupon.
Legal and Other Acts of the AP of Vojvodina
Article 19
Authorities of the AP Vojvodina shall enact the following legal and other acts:
- the Statute as the supreme legal act of the AP Vojvodina,
- Provincial Assembly decisions for issues which, under the Constitution, fall directly within the scope of competences of the AP Vojvodina, or are defined under the law as issues relevant to the Province,
- provincial decrees,
- decisions,
- declarations,
- resolutions,
- recommendations,
- rules of procedure,
- books of regulations,
- directives,
- orders,
- rulings,
- conclusions and other acts.
II. EXERCISE OF HUMAN AND MINORITY RIGHTS
Special Measures to Stimulate Childbearing, Employment and Labour
Article 20
The AP Vojvodina shall, by way of special measures, stimulate childbearing, employment and work of mothers with minor children and single parents.
Additional Rights of National Minorities – National Communities
Article 21
In conformity with the Constitution and pursuant to the law, additional rights of national minorities - national communities may be established in provincial regulations.
Representation of Persons Belonging to National Minorities – National Communities
Article 22
When employing people at the provincial authorities and services established by the AP Vojvodina, the ethnic composition of the population, as well as the proper representation of persons belonging to national minorities – national communities shall be taken into account, in conformity with the Constitution and law.
Should significant disproportionate representation of persons belonging to national minorities – national communities occur at the provincial authorities and services established by the AP Vojvodina, the Provincial Government shall be obliged to take special measures and activities such as special scholarship and training programmes for interns, and other measures and activities.
Special measures and activities referred to in Paragraph 2 of this Article shall be in force as long as there is significant disproportionate representation, provided they do not jeopardise either the activities of the provincial authorities and services established by the AP Vojvodina or general terms of employment in them.
Institutional Form of Self-Government and Preservation of Identity of Persons Belonging to National Minorities - National Communities
Article 23
The institutional form by means of which persons belonging to national minorities – national communities exercise their right to self-government in specific areas of social life significant for the preservation of their identity shall be regulated by the Constitution and law.
Persons belonging to national minorities – national communities shall exercise their right to self-government in the culture, education, information and official use of their languages and scripts through elected national councils, in conformity with the law.
In conformity with the law, the AP Vojvodina may partially or entirely transfer its founding rights over the educational and cultural institutions it has established to the national councils of national minorities.
Pursuant to the law and a Provincial Assembly decision, the AP Vojvodina shall provide financial resources in its budget for the activities of national councils of national minorities seated in its territory.
Official Languages and Scripts
Article 24
In addition to Serbian language and Cyrillic script, Hungarian, Slovak, Croatian, Romanian and Ruthenian languages and their scripts shall be in official use in authorities of the AP Vojvodina, in conformity with the law.
Within the scope of their competences, authorities of the AP Vojvodina shall undertake the measures to ensure a consistent exercise of the official use of languages and scripts of national minorities – national communities stipulated by the law.
III. COMPETENCES OF THE AP VOJVODINA
Article 25
Through its authorities, the AP of Vojvodina shall:
- enact the Statute and decide on amending the Statue;
- enact the Provincial Assembly decisions and other general acts to regulate the issues relevant to the Province, in conformity with the law;
- enforce Provincial Assembly decisions and pass regulations for their enforcement,
- enforce laws and pass regulations for their enforcement;
- regulate the election, organisation and work of bodies, agencies, public enterprises and institutions it has established;
- establish languages of national minorities – national communities in official use in the work of provincial authorities, in conformity with the law;
- regulate rights, duties and position of the elected, appointed, designated and employed persons in authorities of the AP Vojvodina;
- collect and process statistical data in the interest of the Province;
- specify offences for breach of provincial regulations;
- schedule the provincial referendum,
- enact the plan and programme of balanced economic development of the AP Vojvodina, in conformity with the law and the development plan of the Republic of Serbia;
- decide on the use of its direct revenues;
- decide on its borrowing, in conformity with the law;
- enact its budget and annual balance sheet,
- establish organisations, agencies, public enterprises and institutions, funds, and economic associations and monitor their work;
- establish the provincial awards and rewards for natural persons and legal entities,
- regulate other issues relevant to the Province, in conformity with the law and Statute.
Cooperation with Republic Authorities and Bodies of Local Self-Government Units
Article 26
In exercising their competences, the authorities of the AP Vojvodina shall cooperate with the republic authorities and bodies of local self-government units.
Article 27
The AP Vojvodina shall be competent to carry out the following duties:
1. Spatial Planning
- to enact the regional spatial plan, spatial plans for special purposes and regulate other issues in the field of spatial planning relevant to the Province, in conformity with the law;
2. Regional Development
- to enact strategic and other documents concerning the regional development, in accordance with the economic policy and Strategy for Regional Development of the Republic of Serbia;
- to establish funds and/or a bank for the purpose of ensuring development of the AP Vojvodina, in conformity with the law and Statute;
- to set up organisations committed to establishing the balanced regional development;
- to develop administrative capacities of the provincial administration aimed at ensuring the efficient use of the structural and cohesion funds of the European Union.
3. Agriculture, Rural Development, Water Management, Forestry, Hunting and Fishery
- to take part in implementation of the agrarian policy and rural development measures, in accordance with the Strategy for Agricultural and Rural Development of the Republic of Serbia;
- to set up a separate budget, funds or other forms of organising to which funds from the field of agriculture are allocated, in conformity with the law;
- to establish the commodity reserves of the AP Vojvodina;
- to regulate other issues relevant to the Province, in the field of agriculture and rural development, in conformity with the law;
- to enact the water management master plan for the AP Vojvodina in accordance with the water management master plan of the Republic of Serbia,
- to enact the forestry development plan in the territory of the AP Vojvodina and regulate other issues relevant to the Province in the field of forestry, in conformity with the law;
- to enact, implement and monitor regular and extraordinary measures of protection against external and internal waters, in accordance with the adopted plans of the AP Vojvodina and Republic of Serbia;
- to regulate the issues relevant to the Province in the field of hunting, in conformity with the law;
- to regulate the issues relevant to the Province in the field of fishery, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
4. Tourism, Catering Industry, Spas and Health Resorts
- to establish organisations for promotion and development of tourism;
- to establish spas and health resorts pursuant to the Tourism Development Strategy of the Republic of Serbia;
- to regulate the use of mineral and thermal waters, balneological and climate resources, in conformity with the law;
- to regulate other issues relevant to the Province in the field of tourism, catering industry, spas and health resorts, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
5. Environmental Protection
- to enact the environmental protection programme in accordance with the programme of the Republic of Serbia;
- to enact the management plan and programme concerning the natural resources and goods, in accordance with strategic documents of the Republic of Serbia;
- to control the use and protection of natural resources and goods;
- to declare certain territory to be protected natural goods and stipulate the protective measures in conformity with the law;
- to implement systematic monitoring of the environmental factors, along with the monitoring and assessment of the progress of environmental pollution;
- to regulate other issues in the field of environmental protection relevant to the Province, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
6. Industry and Craftsmanship
- to enact the plan and programme of balanced economic development of the AP of Vojvodina, in accordance with the Development Plan of the Republic of Serbia,
- to regulate other issues in the field of industry and craftsmanship relevant to the Province, in conformity with the law;
-to carry out other duties, stipulated by the law, which constitute their original or delegated competence.
7. Road, River and Railway Transport and Road Rehabilitation
- to manage the 2nd class public roads in the territory of AP Vojvodina, whose management is not a competence of the Republic of Serbia or local self-government, in conformity with the law;
- to manage waterways in the territory of AP Vojvodina, in conformity with the law;
- to regulate other issues concerning the road, river and railway transportation, relevant to the Province, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
8. Organisation of Fairs and Other Economic Events
- to organise fairs and other economic events relevant to the Province, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
9. Education, Sport and Culture
- to regulate issues relevant to the Province in the field of preschool, elementary, secondary and higher education, in conformity with the law;
- to regulate issues relevant to the Province in the field of the adult education, in conformity with the law;
- to regulate issues relevant to the Province in the field of accommodation of university and secondary school students and pupils, in conformity with the law;
- to regulate issues relevant to the Province in ensuring the exercise of the right to education in native language to persons belonging to national minorities – national communities in the territory of the AP Vojvodina, at all levels of education, in conformity with the law;
- to establish institutions of preschool, primary and secondary education in the territory of the AP Vojvodina, in conformity with the law;
- to undertake measures and activities aimed at enhancing the social position of youth and creating the conditions required for achievement of their needs and interests, in conformity with the law;
- to establish organisations that implement sport activities in the interest of the AP Vojvodina and regulate other issues in the field of sports relevant to the AP Vojvodina, in conformity with the law;
- to see to the implementation of cultural policy in the territory of the AP Vojvodina, establish archives, museums, libraries, theatres, institutes and other institutions relevant to the Province and regulate other issues in the field of culture, relevant to the Province, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
10. Health Care and Social Welfare
- to establish institutions for secondary and tertiary health care in the territory of the AP Vojvodina, in conformity with the law and Government act;
- to establish social welfare institutions in the territory of the AP Vojvodina, in conformity with the law and Government act;
- to establish the duties and regulate other issues relevant to the work of the Provincial Fund for Health Care as an organisational unit of the Health Care Insurance Fund of the Republic of Serbia and regulate other issues in the field of health care relevant to the Province, in conformity with the law;
- to regulate the issues relevant to the Province concerning the social welfare services for families, children, youth and the elderly, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
11. Public Information at the Provincial Level
- to provide for the work of the public media relevant to the Province in languages of national minorities - national communities, in the territory of the AP Vojvodina;
- to regulate other issues in the field of public information relevant to the Province, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
12. Infrastructure Development and Capital Investments
- to take part, through capital investments, in building, equipping and development of infrastructure constituting the public property of local self-governments and the autonomous province in the territory of the AP Vojvodina,
- to take part, through capital investments, in building and equipping the relevant facilities;
- to carry out the duties relevant to the Province, concerning the public property, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
13. Competences in Other Fields
- to see to the exercise of human and minority rights in the territory of the AP Vojvodina and specify additional rights of national minorities – national communities, in conformity with the law;
- to effect cooperation with churches and religious communities in the territory of the AP of Vojvodina and provide assistance for the activities undertaken in the public interest, in conformity with the law;
- to see to the exercise of measures concerning the gender equality in the AP Vojvodina authorities, in conformity with the law;
- to carry out other duties, stipulated by the law, which constitute its original or delegated competence.
Delegation of Competences
Article 28
By way of a Provincial Assembly decision, the AP Vojvodina may delegate the carrying out of certain tasks in the framework of its original competence to local self-government units.
Provincial Administrative Districts
Article 29
With the aim of carrying out certain tasks of the provincial administration outside the seat of the provincial authorities, Provincial administrative districts shall be established, in conformity with the Statute and a Provincial Assembly decision.
Seven provincial administrative districts shall be established in the territory of the AP of Vojvodina, under a Provincial Assembly decision.
Provincial administrative districts shall be established in: Subotica, Sombor, Kikinda, Vršac, Pančevo, Zrenjanin and Sremska Mitrovica.
IV. AUTHORITIES OF THE AP VOJVODINA
1. ASSEMBLY OF THE AP VOJVODINA
Status
Article 30
The Assembly of the AP Vojvodina (hereinafter: the Assembly) shall be the highest authority in the AP Vojvodina, in charge of normative and other functions, in conformity with the Constitution, law and Statute.
Competence
Article 31
The Assembly shall:
- enact and amend the Statute;
- enact Provincial Assembly decisions, resolutions, declarations, recommendations, conclusions and other acts;
- establish general policies at the level of the AP of Vojvodina;
- elect, relieve of duty, guide and control the work of the Provincial Government;
- scrutinise the regular and extraordinary progress reports of the Provincial Government;
- enact the programme, development and planning documents, in conformity with the law and programme, development and planning documents of the Republic of Serbia;
- enact the budget and annual balance sheet;
- decide on borrowing of the AP Vojvodina in conformity with the law;
- schedule the provincial referendum;
- conclude agreements with corresponding territorial communities of other countries, in conformity with the law;
- enact the Provincial Assembly decision on election and expiry of the term of office and function of deputies, as well as the Provincial Assembly decision on electorates;
- regulate, by way of a Provincial Assembly decision, the rights, duties and position of the elected, appointed, designated and employed persons in authorities of the AP Vojvodina, which are not regulated under the law;
- specify offences which constitute breach of provincial regulations;
- elect and relieve of duty the President and vice-presidents of the Assembly, the President, vice-presidents and members of the Provincial Government, the presidents and members of working bodies of the Assembly, the Secretary of the Assembly and other office-holders in authorities it has established;
- elect the Provincial Protector of Citizens – Ombudsman, regulate their powers and method of their exercise by way of a Provincial Assembly decision;
- establish funds and/or a bank for the purpose of ensuring development of the AP Vojvodina;
- enact the act on establishment, competences and regulation of agencies, public enterprises and institutions of the AP Vojvodina and regulate the rights, duties and position of the persons employed therein, which are not regulated under the law;
- put forward laws, other regulations and general acts enacted by the National Assembly of the Republic of Serbia;
- enact the Rules of Procedure of the Assembly;
- undertake other tasks stipulated by the law and Statute.
Composition of the Assembly
Article 32
The Assembly shall have 120 deputies, who shall be elected in direct elections, by secret ballot.
Election and expiry of deputies’ term of office, the proportional representation of national minorities - national communities and establishment of electorates shall be regulated by way of a Provincial Assembly decision, in conformity with the law.
Election of Deputies and Constitution of the Assembly
Article 33
The President of the Assembly shall call the election of deputies 90 days prior to the expiry of the term of office of the Assembly, in order to ensure the completion of elections within the next 60 days.
The first session of the Assembly shall be convened by the President of the Assembly from the previous Assembly convocation, so as to hold the session not later than 30 days from the date of the declaring the final election results.
The Assembly shall confirm deputies’ terms of office at the first session.
The Assembly shall be constituted upon confirmation of the terms of office of two-thirds of deputies.
The term of office of the previous Assembly convocation shall end upon the confirmation of the terms of office of two-thirds of deputies.
Status of a Deputy
Article 34
A deputy’s term of office in the Assembly shall last for a period of four years.
The deputy’s term of office shall commence on the date of its confirmation in the Assembly and last for four years, that is, until the expiry of the terms of office of deputies elected to that Assembly convocation.
A Provincial Assembly decision shall stipulate what functions and duties shall constitute a conflict of interest, in conformity with the Constitution and law.
In case of the state of emergency or war, the Assembly may decide on extending the term of office of deputies as long as such state exists or until the conditions for the election of new deputies have been created.
Deputies Protection
Article 35
A deputy may not be called to account criminally, detained or punished for an opinion expressed or vote cast at sessions of the Assembly and working bodies.
President and Vice-Presidents of the Assembly
Article 36
The Assembly shall have a President and one or more vice-presidents elected from among the deputies.
The President of the Assembly shall represent the Assembly at the national and international level, preside over and conduct the Assembly sessions, call the election of deputies, sign acts enacted by the Assembly and carry out other duties stipulated in the Statute and Rules of Procedure of the Assembly.
The Vice-President of the Assembly shall assist the President of the Assembly in the discharge of their function, stand in for the President in case the President is temporarily prevented from fulfilling their duties and undertake other tasks stipulated in the Rules of Procedure of the Assembly.
The method and procedure for nominating and electing the President and vice-presidents and determining the number of vice-presidents shall be regulated by the Rules of the Procedure of the Assembly.
The President and Vice-President shall be elected by majority vote of the total number of deputies.
Working Body for National Equality
Article 37
The Assembly shall constitute a working body for national equality.
Election, competence and method of working of the working body for national equality shall be regulated by the Rules of the Procedure of the Assembly.
Method of Decision Making
Article 38
The Assembly shall make decisions by a majority vote at the session attended by the majority of the total number of deputies, unless a specific majority has been stipulated by the Statute.
The Assembly shall make decisions by a two-third majority vote of the total number of deputies on the following:
- enactment and amendments of the Statute,
- enactment of a Provincial Assembly decision on enforcement of the Statute,
- enactment of a Provincial Assembly decision on the symbols of the AP Vojvodina;
- election and relief of duty of the Provincial Protector of Citizens - Ombudsman.
The Assembly shall make decisions by a majority vote of the total number of deputies on the following:
- early termination of the term of office of the Assembly;
- scheduling the provincial referendum;
- enactment of the budget of the AP Vojvodina and adoption of the annual balance sheet;
- election and relief of duty of the President and vice-presidents of the Assembly;
- election and relief of duty of the President, vice-presidents and members of the Provincial Government;
- enactment of the Rules of Procedures of the Assembly.
Sessions of the Assembly
Article 39
The Assembly shall meet in sessions, in conformity with the Statute and Rules of Procedure.
Early Termination of the Term of Office
Article 40
The term of office of the Assembly may be terminated early at the proposal of one-third of deputies.
A decision on the early termination of the Assembly’s term of office shall be enacted by a majority vote of the total number of deputies, at the session which shall be held within 15 days of putting forward the proposal.
Should the Assembly not enact the decision on early termination of the term of office, signatories of the proposal shall not be able to put forward another proposal on early termination of the term of office prior to expiry of a 180-day period.
The decision on early termination of the Assembly’s term of office shall be enacted by the Assembly President should the Provincial Government not be elected within 90 days of constituting the Assembly.
Upon the early termination of the Assembly’s term of office, the Assembly President shall call for the election of deputes.
The Assembly’s term of office may not be terminated early during the state emergency or war.
The Assembly whose term of office has been terminated early shall only carry out regular and urgent tasks stipulated in the law and a Provincial Assembly decision.
Right to Propose
Article 41
The right to propose Provincial Assembly decisions and other general acts enacted by the Assembly shall be granted to: each deputy, the Provincial Government, at least 10,000 voters or the Provincial Protector of Citizens – Ombudsman, in the scope of their competence.
Provincial Referendum
Article 42
The Assembly may decide that certain issues within the scope of its competence may be decided on by the AP Vojvodina citizens in the provincial referendum.
The Assembly shall be obliged to schedule the provincial referendum if the request for its scheduling has been submitted by at least 30,000 voters.
The decision made in the referendum shall be promulgated by the Assembly.
Provincial Assembly Decision and Rules of Procedure of the Assembly
Article 43
A Provincial Assembly decision on the Assembly shall be enacted.
The method of work of the Assembly shall be regulated by the Rules of Procedure of the Assembly.
2. PROVINCIAL GOVERNMENT
Status and Accountability
Article 44
The Provincial Government shall be the executive authority of the AP Vojvodina.
The work of the Provincial Government shall be guided by the Assembly.
The Provincial Government shall be accountable to the Assembly for its work.
Competences
Article 45
The Provincial Government shall:
- enforce the Provincial Assembly decisions and other general acts of the Assembly;
- enforce the laws if vested with such powers;
- enact provincial decrees and other general acts for the purpose of enforcing the laws and Provincial Assembly decisions, for which it shall be vested with powers under the law or a Provincial Assembly decision;
- establish expert and other services to perform the activities within their scope of work, in conformity with the law, Statute and Provincial Assembly decision;
- put forward the budget and annual balance sheet to the Assembly;
- put forward the programme, development and planning documents to the Assembly and take measures for their implementation;
- put forward the Provincial Assembly decisions and other general acts to the Assembly;
- appoint and relieve of duty the provincial office-holders who are not elected and relieved of duty by the Assembly,
- guide and harmonise the activities of provincial administrative authorities as well as oversee their work;
- oversee the work of business entities and institutions exercising public powers and other activities concerning the issues of provincial interest which were founded by the AP Vojvodina;
- manage and dispose of the public property of the AP Vojvodina in conformity with the law, and submit regular reports to the Assembly thereof;
- at the request of the Assembly, competent working body or the Assembly President, it shall provide an opinion on proposed Provincial Assembly decisions or other general acts submitted to the Assembly by another mover;
- should the Assembly be unable to convene, it shall pass general acts and undertake any measures falling within the competence of the Assembly in the event of natural disasters and other emergency situations with a view to eliminating those emergency situations in conformity with the law;
- put forward to the Assembly conclusion of agreements with respective territorial communities of other countries;
- submit regular annual progress report to the Assembly as well as extraordinary progress reports as requested by the Assembly;
- enact the Rules of Procedure of the Provincial Government;
- perform other duties stipulated by the law, the Statute and Provincial Assembly decision.
Composition of the Provincial Government
Article 46
The Provincial Government shall comprise the President, one or more Vice-Presidents and members of the Provincial Government.
The President of the Provincial Government shall manage and harmonise the work of the Provincial Government in accordance with the Assembly guidelines, represent the Provincial Government, sign acts enacted by the Provincial Government, see to the application of the Rules of the Procedure of the Provincial Government and perform other activities stipulated by the Statute, Provincial Assembly decision and Rules of Procedure of the Provincial Government.
The members of the Provincial Government shall account for their work and situation in the area within their responsibility to the Assembly, Provincial Government and President of the Provincial Government.
Incompatibility of Functions
Article 47
The President, Vice-President and member of the Provincial Government may not be deputies in the Assembly.
The term of office of a deputy shall be terminated upon their election to the office of the President, Vice-President and a member of the Provincial Government.
It shall be stipulated by the Provincial Government decision, in conformity with the Constitution and law, what other functions, duties or private interests are incompatible with the position of the President, Vice-President and a member of the Provincial Government.
Election of the Provincial Government
Article 48
A candidate for the President of the Provincial Government shall be proposed by the President of the Assembly after considering the opinions given by the representatives of the deputies’ groups.
The candidate for the President of the Provincial Government shall propose candidates for one or more vice-presidents and members of the Provincial Government.
The Assembly shall concurrently decide on election of the President, Vice-President and members of the Provincial Government.
The Assembly shall elect the President, Vice-President and a member of the Provincial Government by majority vote of the total number of deputies.
Commencement and Expiry of the Term of Office of the Provincial Government
Article 49
The term of office of the Provincial Government shall last until the expiry of the term of office of the Assembly which has elected it.
The term of office of the Provincial Government shall commence on the day of taking an oath before the Assembly.
The term of office of the Provincial Government shall end before the expiry of the period of time for which it has been elected: by relief of duty of the President of the Provincial Government, resignation of the President of the Provincial Government or early termination of the term of office of the Assembly.
The Provincial Government whose term of office has been terminated may only perform ongoing and urgent duties until the election of a new Provincial Government as stipulated by the Provincial Assembly decision.
The term of office of a member of the Provincial Government shall be terminated before the expiry of the period of time for which they have been elected: by accepting their resignation, if they are relieved of duty by the Assembly, upon the proposal of the President of the Provincial Government, by relief of duty of the President of the Provincial Government or resignation of the President of the Provincial Government.
Relief of duty of the President of the Provincial Government
Article 50
A proposal for relief of duty of the President of the Provincial Government may be submitted by no less than 30 deputies.
The proposal for relief of duty of the President of the Provincial Government shall be considered at the first following session of the Assembly which shall be convened within 7 days. After conclusion of the discussion, the proposal for relief of duty shall be voted on.
The Assembly shall accept the proposal for relief of duty of the President of the Provincial Government if more than a half of the total number of deputies have voted in favour of the proposal.
Should the Assembly relieve the President of the Provincial Government of duty, the President of the Assembly shall be obligated to initiate the procedure for election of a new Provincial Government.
Should the Assembly fail to elect a new convocation of the Provincial Government within 60 days from the date the President of the Provincial Government was relieved of duty, the term of office of the Assembly shall cease and new elections shall be scheduled.
Should the Assembly fail to adopt the proposal for relief of duty of the President of the Provincial Government, the signatories may not submit a new proposal for relief of duty before expiry of 180-day period.
Resignation of the President of the Provincial Government
Article 51
The President of the Provincial Government may submit their resignation to the Assembly.
The President of the Provincial Government shall submit their resignation to the President of the Assembly and promptly notify the public about their decision.
The Assembly shall accept the resignation at the first following session, without any discussion.
The term of office of the Provincial Government shall cease on the day the resignation of the President of the Provincial Government was accepted.
Once the Assembly has accepted the resignation of the President of the Provincial Government, the President of the Assembly shall initiate the procedure for election of a new Provincial Government.
Should the Assembly fail to elect a new convocation of the Provincial Government within 60 days from the date the resignation of the President of the Provincial Government was accepted, the term of office of the Assembly shall cease and new elections shall be scheduled.
Resignation and Relief of Duty of a Member of the Provincial Government
Article 52
A member of the Provincial Government may tender their resignation to the President of the Provincial Government.
The President of the Provincial Government shall submit the resignation of the member of the Provincial Government to the President of the Assembly, which shall accept the resignation at its first following session.
The President of the Provincial Government may propose to the Assembly a relief of duty of a particular member of the Provincial Government.
At the first following session, the Assembly shall consider and vote on the proposal for dismissal of the member of the Provincial Government.
The decision on relief of duty of the member of the Provincial Government shall be enacted by majority vote of the total number of deputies.
The term of office of the member of the Provincial Government who has tendered their resignation shall be terminated on the day of confirmation of their resignation, whereas the term of office of the member of the Provincial Government who has been relieved of duty shall be terminated on the day of enacting the decision on relief of duty.
Until the termination of their term of office, the status and responsibilities of the member of the Provincial Government who has tendered their resignation or for whom the proposal for relief of duty has been submitted shall be regulated by the Provincial Assembly decision.
Upon the expiry of the term of office of the member of the Provincial Government, the President of the Provincial Government shall propose a candidate for a new member of the Provincial Government.
The provisions of this Article shall accordingly be applicable to the procedures for resigning and relief of duty of the Vice-President of the Provincial Government.
Immunity of the President, Vice-President and a Member of the Provincial Government
Article 53
The President, Vice-President and a member of the Provincial Government shall not be held accountable for the opinions expressed at the session of the Provincial Government and Assembly, or for casting a vote at the session of the Provincial Government.
Provincial Assembly Decision and Rules of Procedures of the Provincial Government
Article 54
The Provincial Assembly decision on the Provincial Government shall be enacted.
The method of work of the Provincial Government shall be regulated by the Rules of Procedures of the Provincial Government.
3. PROVINCIAL ADMINISTRATION
Status of the Provincial Administration
Article 55
The provincial administration shall be independent and perform duties within its competence in conformity with the Constitution, law, Statute and Provincial Assembly decision and shall account for its work to the Provincial Government and Assembly.
The affairs of the provincial administration shall be performed by provincial secretariats and special provincial administrative organisations.
The name and scope of work of the provincial administrative authorities shall be laid down in the Provincial Assembly decision.
A provincial secretariat shall be managed by a member of the Provincial Government and special provincial administrative organisations by a Director appointed by the Provincial Government.
The internal organisation of the provincial administrative authorities and other provincial organisations and services shall be regulated by the Provincial Government.
Individual acts and actions of the provincial administrative authorities and organisations vested with respective powers shall be in conformity with the law and Provincial Assembly decision.
The public administrative authorities and Provincial Government shall oversee the work of the provincial authorities in conformity with the law and Statute.
Final individual acts deciding on rights, duties or legally grounded interest shall be subject to judicial protection in conformity with the Constitution and law.
4. PROVINCIAL PROTECTOR OF CITIZENS - OMBUDSMAN
Article 56
The Provincial Protector of Citizens – Ombudsman (hereinafter: the Ombudsman) shall be an independent and autonomous body of the AP Vojvodina which shall protect citizens’ rights and supervise the work of provincial administrative authorities, public companies and institutions exercising administrative and public powers, which were founded by the AP Vojvodina, with regard to their actions in enforcing the decisions and other legal acts of the AP of Vojvodina.
The Ombudsman shall protect citizens’ rights in particular against violations caused by illegal, inexpedient and inefficient actions of the provincial administrative authorities, public companies and institutions exercising administrative and public powers which were founded by the AP Vojvodina.
The Ombudsman shall protect citizens’ rights against violations caused by illegal, inexpedient and inefficient actions of the authorities of city and municipal administrations in performing the duties conferred upon them by the AP Vojvodina within the scope of its original competence.
The Ombudsman shall be elected and relieved of duty by the Assembly by the two-thirds majority vote of the total number of the deputies.
The Ombudsman shall have deputies whose number, election criteria, method of election and competences shall be regulated by the Provincial Assembly decision.
The Ombudsman and their deputies shall account for their work to the Assembly.
The Provincial Assembly decision on the Ombudsman shall be enacted.
V. FINANCING OF THE AP VOJVODINA
Budget of the Autonomous Province
Article 57
The AP Vojvodina shall have a budget which represents all expenditures and revenues used to finance the competences of the AP Vojvodina.
The budget of the AP Vojvodina shall amount to at least 7% of the budget of the Republic of Serbia.
The three-sevenths of the budget of the AP Vojvodina shall be used to finance the capital expenditures.
Revenues of the Autonomous Province
Article 58
The AP Vojvodina shall have direct revenues used to finance its competences, in conformity with the Constitution and law.
The type and amount of direct revenues of the AP of Vojvodina and the share of the AP Vojvodina in the part of revenues of the Republic of Serbia shall be stipulated by the law, in conformity with the Constitution.
VI. COMPLIANCE OF PROVINCIAL LEGAL ACTS, THEIR PUBLICATION AND COMING INTO FORCE
Compliance of Legal Acts
Article 59
The Statute shall be the supreme legal act of the AP of Vojvodina, which shall have to comply with the Constitution and law.
Provincial Assembly decisions and other general acts of the Assembly shall have to comply with the Statute.
Provincial decrees and other general acts of the Provincial Government, provincial administration, public companies and institutions exercising administrative and public powers, which were founded by the AP Vojvodina, shall have to comply with the Statute, Provincial Assembly decisions and other general acts of the Assembly.
Individual acts of the provincial administrative authorities, public companies and institutions exercising administrative and public powers, which were founded by the AP Vojvodina, shall have to comply with the Statute, Provincial Assembly decisions and other general acts of the Assembly and the Provincial Government.
Individual acts of the bodies of local self-government units, in performing the duties conferred upon them by the AP Vojvodina, shall have to comply with the Statute, Provincial Assembly decisions and other general acts of the Assembly.
Publication
Article 60
The Statute, Provincial Assembly decisions and other general acts of the Assembly, as well as provincial decrees and other general acts of the Provincial Government shall be published in the “Official Journal of the Autonomous Province of Vojvodina” before they enter into force.
The Provincial Government acts, with the exception of the acts specified under Paragraph 1 of this Article, as well as the acts of provincial administrative authorities shall be published as stipulated by these acts.
The acts under Paragraphs 1 and 2 of this Article shall be published in all languages in official use in the work of authorities of the AP Vojvodina. In case of incompliance, the text published in the Serbian language shall prevail.
Coming into Force
Article 61
A Provincial Assembly decision and other general acts shall come into force not earlier than on the eighth day of the date of their publication.
The acts under Paragraph 1 of this Article may also come into force on the date of their publication, if there are particularly justified grounds for that, established at the time of their enactment.
VII. AMENDING THE STATUTE
Proposal to Amend the Statute
Article 62
A proposal to amend the Statute may be put forward by: at least one third of the total number of deputies, the Provincial Government and at least 40,000 voters.
The Assembly shall decide on the proposal to amend the Statue by a two-thirds majority vote of the total number of deputies.
Establishing the Act to Amend the Statute
Article 63
Should the Assembly enact the proposal to amend the Statute, drafting, that is, scrutiny of the act to amend the Statute shall commence.
The Assembly shall establish the draft act to amend the Statute by a two-thirds majority vote of the total number of deputies and submit it to the National Assembly of the Republic of Serbia for approval.
Having obtained the approval by the National Assembly of the Republic of Serbia, the Assembly shall pass the act to amend the Statute by a two-thirds majority vote of the total number of deputies.
VIII. FINAL PROVISIONS
Article 64
A Provincial Assembly decision on enforcement of the Statute shall be enacted.
The Assembly shall enact the Provincial Assembly decision on enforcement of the Statute by a two-thirds majority vote of the total number of deputies.
Article 70
This Statute shall come into force on the eighth day of the date of its publication in the “Official Journal of the Autonomous Province of Vojvodina”.
ASSEMBLY OF THE AUTONOMOUS PROVINCE OF VOJVODINA
Novi Sad, 22nd May 2014
PRESIDENT
OF THE AP VOJVODINA ASSEMBLY,
István Pásztor, s.r.
(Pásztor István, s.k.)