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Ogans of the Federal Republic of Yugoslavia
Section V Ogans of the Federal Republic of Yugoslavia
Title 1 Federal Assembly
Article 78
The Federal Assembly shall:
- decide on the Constitution of the Federal Republic of Yugoslavia;
- decide on admission of other states as member republics into the Federal Republic of Yugoslavia; decide on association with other states and on membership in international organizations;
- decide on alterations to the frontiers of the Federal Republic of Yugoslavia; decide on war and peace; declare a state of war, a state of imminent threat of war, and state of emergency;
- adopt federal statutes, other laws and general enactment's; approve the federal budget and final balance sheet; ratify international treaties falling within the jurisdiction of the Federal Republic of Yugoslavia;
- oversee the work of the federal government and other federal organs and the officials answerable to the Federal Assembly, in conformity with the present Constitution and federal law;
- grant amnesty for federal statutory criminal offense;
- appoint and dismiss: the President of the Republic; the federal prime minister; justices of the Federal Constitutional Court: justices of the Federal Court; the governor of the National Bank of Yugoslavia, and other federal officials stipulated by federal statute,
- perform other duties as established by the present Constitution.
Article 79
The Federal Assembly may regulate other matters by federal law which do not fall within the jurisdiction of the Federal Republic of Yugoslavia, at the joint proposal of the member republics.
Article 80
- The Federal Assembly shall be composed of the Chamber of Citizens and the Chamber of Republics.
- The Chamber of Citizens shall be made up of federal deputies elected in the member republics in direct elections by secret ballot, one federal deputy being elected for every 65,000 voters, each member republic to have no fewer than 30 federal deputies.
- The Chamber of Republics shall be made up of 20 federal deputies from each member republic.
Article 81
- Federal deputies shall be elected for four-year terms.
- The election and termination of the mandates of federal deputies in the Chamber of Citizens of the Federal Assembly shall be regulated by federal law, while the election and termination of the mandates of federal deputies in the Chamber of Republics of the Federal Assembly shall be regulated by the laws of each member republic.
Article 82
- The mandates of deputies in the Federal Assembly shall be terminated if within three months of the beginning of the procedure a federal government is not elected or if within this time limit the federal budget is not approved, as well as in other cases specified in the present Constitution.
- The termination of the mandate of the Federal Assembly shall come into effect following the decree of the President of the Republic.
Article 83
- The Federal Assembly shall be dissolved at the request of the federal government.
- The federal government may not dissolve the Federal Assembly if the procedure for a vote of confidence in the federal government has been initiated.
- Dissolution of the Federal Assembly shall come into effect following the decree of the President of the Republic.
Article 84
- In the event of the termination of its mandate or dissolution, elections for the Federal Assembly shall be held within 60 days of the day of termination of the mandate of the Federal Assembly or its dissolution.
- The mandate of the federal government shall also be terminated with the termination of the mandate or dissolution of the Federal Assembly.
Article 85
- The Federal Assembly may not be dissolved in the first or last six months office term, during a state of war, imminent threat of war, or state of emergency.
- In the event of a state of war, imminent threat of war, or state emergency, the Federal Assembly may decide to prolong the terms of the federal deputies, so long as such a state of emergency lasts, or until conditions are created for the election of federal deputies.
- Election of new federal deputies shall be undertaken as soon as the situation because of which the term of federal deputies was prolonged is over.
Article 86
- Federal deputies to the Chamber of Citizens of the Federal Assembly shall represent the citizens of the Federal Republic of Yugoslavia, while federal deputies to the Camber of Republics of the Federal Assembly shall represent the member republic form which they were elected.
- A federal deputy to the Chamber of Citizens shall take positions and vote according to his conscience.
- A federal deputy to the Chamber of Citizens may not be recalled.
Article 87
- A federal deputy shall enjoy immunity.
- A federal deputy may not be convicted, incarcerated or punished for expressing an opinion or for his voting in the Federal Assembly.
- A federal deputy may not be detained without the consent of the Federal Assembly chamber of which he is a member, unless caught in the act of committing a criminal offense carrying a prison sentence of more than five years.
- Criminal or other proceedings for an offense carrying a sentence of imprisonment may not be brought against a federal deputy who claims immunity, without the consent of the Federal Assembly chamber of which he is a member.
- The Federal Assembly chamber whose federal deputy has not claimed immunity may decide, when it deems necessary, that he should avail himself of this immunity.
Article 88
- The Chamber of Citizens and Chamber of Republics of the Federal Assembly shall elect their president and vice-president form the ranks of the deputies.
- The president of a chamber shall represent the camber, direct the work of the chamber and perform other duties as laid down by federal statute and the chambers rules of procedure.
- Both chambers shall adopt rules of procedure regulating their work and organization.
Article 89
- The Federal Assembly shall sit in regular and extraordinary sessions of the chambers.
- Regular sessions shall be held without convocation twice a year, in accordance with the chambers rules of procedure.
- The first regular session shall begin on the first weekday in February, and the second on the first weekday in September.
- Extraordinary sessions shall be held at the request of not less than one third of the number of federal deputies of a chamber or at the request of the federal government, with a previously fixed agenda.
Article 90
- Both chambers shall decide concurrently on questions within the jurisdiction of the Federal Assembly, by a majority of voters of the federal deputies in each of the two chambers, unless other provision in made by the present Constitution.
- Federal statutes regulating: the flag, coat-of-arms or national anthem; election of federal deputies for the Chamber of Citizens; election of the President of the Republic; the Federal Court; the Federal Public Prosecutor; organization of the Federal Constitutional Court, the proceedings before this court and the legal effect of its decisions shall be adopted in the Federal Assembly by a two-third majority of votes of all the federal deputies in each of the two cambers.
- At the request of the assembly of a member republic, the Federal Assembly shall vote on questions enumerated in Article 77, items 2, 3, and 4, of the present Constitution by a two-thirds majority of votes of all the federal deputies in the Chamber of Republics and by a majority vote of all the federal deputies in the Chamber of Citizens.
Article 91
- When a bill for a federal statute, other law or general enactment has not been passed in both chambers in its identical text, the chambers shall set up a commission of five federal deputies from each chamber to harmonize the text.
- Both chambers shall vote on the commissions draft, in conformity with the present Constitution.
Article 92
- If the commission fails to harmonize the text of the bill within one month, or if the chambers do not accept the harmonized text of the bill, the text approved in the Chamber of Citizens shall be temporarily adopted, and if it is a federal law regulating the areas enumerated in items 2, 3, and 4 of Article 77 of the present Constitution, the text adopted in the Chamber or Republics shall be provisionally enforced.
- The provisionally enforced federal statute shall remain in force until its final adoption in both chambers, but no longer than one year from the beginning of its application.
Article 93
If during its temporary enforcement the federal statute is not adopted in both chambers, in accordance with the present Constitution, the mandate of the Federal Assembly shall be terminated.
Article 94
If the federal budget is not approved by the beginning of the fiscal year, the functions of the Federal Republic of Yugoslavia shall be provisionally financed under the federal budget of the pervious year, until such time as the new federal budget is approved.
Article 95
- A bill for a federal statute, other law or general enactment may be introduced by the federal government, a federal deputy in each Federal Assembly chamber, or not less than 30,000 voters.
- The National Bank of Yugoslavia also has the right to introduce a bill for a federal statute, other law or general enactment concerning the monetary, foreign exchange and credit systems.
Title 2 President of the Republic
Article 96
The President of the Republic shall:
- represent the Federal Republic of Yugoslavia at home and abroad;
- promulgate federal laws by decree; issue instruments of rectification of international treaties;
- nominate a candidate for prime minister of the federal government, after having heard the opinions of spokesmen for the parliamentary groups in the Federal Assembly;
- recommend to the Federal Assembly candidates for appointment as justices of the Federal Constitutional Court, justices of the National Bank of Yugoslavia, after having obtained the opinion of the presidents of the member republics;
- call elections for the Federal Assembly;
- appoint and recall b decree ambassadors of the Federal Republic of Yugoslavia, pursuant to the recommendations of the federal government; receive the letters of credence of foreign diplomatic envoys;
- confer decorations and hones of the Federal Republic of Yugoslavia, as provided for by federal statute;
- grant pardons for federal statutory criminal offenses;
- perform other functions as envisaged by the present Constitution.
Article 97
- The President of the Republic shall be elected by the Federal Assembly for a four-year term of office, by secret ballot.
- The same individual may not be reelected President of the Republic for a second term.
- As a rule, the President of the Republic and the federal prime minister may not be form the same member republic.
- The President of the Republic may not hold other public office or engage in professional activities.
- The President of the Republic shall enjoy the same immunity as a federal deputy.
- The Federal Assembly shall determine the immunity of the President of the Republic.
- The President of the Republic may only be dismissed it the Federal Assembly ascertains that he has violated the Constitution.
Article 98
- The President of the Republic may resign from his office.
- The mandate of the President of the Republic shall be terminated on the day he submits his resignation or is dismissed.
- It the event of termination of the mandate of the President of the Republic, until the election of a new President of the Republic, or in the event of temporary inability of the President of the Republic to carry out his duties, these duties shall be performed by the president of the Chamber of Republics of the Federal Assembly.
- The procedure for the election and dismissal of the President of the Republic shall be determined by federal law.
Title 3 Federal Government
Article 99
The federal government shall:
- formulate and conduct domestic and foreign policy and enforce federal statutes, other laws and general enactment's;
- foster relations between the Federal Republic of Yugoslavia and other states and international organizations;
- introduce bills for federal statutes, other laws and general enactment's;
- adopt decrees, resolutions, and other legislation for the enforcement of federal statutes and other laws and general enactment's of the Federal Assembly;
- gives its opinion on bills for federal statutes, other laws and general enactment's introduced by another authorized sponsor in the Federal Assembly;
- create and abolish federal ministries and other federal agencies and organizations and determine their organization and competencies;
- direct and coordinate the work of federal ministries and other federal agencies and organizations and annual or abrogate their enactment's;
- elect and dismiss officials in the federal ministries and other federal agencies and organizations;
- call for a general mobilization and organize defense preparations;
- proclaim an imminent threat of war, state of war, or emergency when the Federal Assembly is not able to convene, subject to the opinion of the President of the Republic and presidents of the Federal Assembly chambers;
- adopt measures regulating matters within the jurisdiction of the Federal Assembly when the Assembly is not able to meet, during a state of war, imminent threat of war, or state of emergency, after having sought the opinion of the presidents of the Federal Assembly cambers. Enactments adopted during a state of war may throughout the duration of the state of war restrict various rights and freedoms of man and the citizen, except those listed in Articles 20, 22, 25, 26, 27, 28, 29, 35 and 43 of the present Constitution. The federal government shall be obliged to seek the approval of the Federal Assembly for these measures as soon as it is able to convene;
- regulate its own organization, methods of work and decision-making;
- perform other duties as laid down by the present Constitution.
Article 100
- The federal government shall be made up of a prime minister, deputy prime minister, and federal ministers.
- The federal government shall be formed for a four-year term.
- A member of the federal government may not hold any other public office or engage in any professional activities.
- A member of the federal government shall enjoy the same immunity as a federal deputy.
- The federal government shall determine the immunity of members of the federal government.
Article 101
- The federal government shall be formed after the election of the Federal Assembly.
- The nominee for prime minister of the federal government shall appear before the Federal Assembly to present his program and announce the composition of the federal government.
- The federal government shall be considered formed when the Federal Assembly elects the prime minister of the federal government by majority vote of all the federal deputies in each of the two cambers, by secret ballot.
Article 102
- The federal Prime Minister shall direct the work of the federal government.
- The federal Prime Minister schallinform the Federal Assembly about changes in the composition of his government.
Article 103
- The federal prime Minister shall be responsible to the Federal Assembly for his work and for the work of the federal government.
- The federal government shall be responsible for the work of its organs and federal ministers.
- The federal Prime Minister may put his government to a vote of confidence in the Federal Assembly.
- Failure to win the vote of confidence shall terminate the mandate of the federal government.
Article 104
- The Federal Assembly may vote no confidence in the federal government.
- The initiative for a vote of confidence may be submitted by no fewer than 20 federal deputies of one camber of the Federal Assembly.
- A vote of confidence may be held no sooner than three days after the proposal for such a vote was submitted.
- A majority of votes of the total number of federal deputies in each of the two chambers shall be required for a vote of no confidence in the federal government.
- A vote of no confidence shall terminate the mandate of the federal government.
Article 105
- The federal Prime Minister may submit his resignation to the Federal Assembly.
- Resignation of the federal Prime Minister shall automatically terminate the mandate of the entire federal government.
Article 106
A federal government whose mandate has been terminated shall continue performing its duties until the formation of a new federal government.
Article 107
- The federal ministries shall enforce federal statutes, other laws and general enactments passed by the Federal Assembly and federal government; shall adjudicate in administrative matters, carry out administrative supervision, and perform other administrative affairs as prescribed by federal law.
- The federal minister at the head of a federal ministry shall be responsible for the work of his ministry.
Title 4 Federal Court
Article 108
The Federal Court shall:
- act as a court of the highest instance, as stipulated under federal law; decide on appeals against rulings by courts of the member republics in cases concerning enforcement of federal statutes;
- decide on property suits between member republic, as well as between the Republic of Yugoslavia and member republics;
- determine the legality of administrative regulations adopted by federal authorities;
- decide on conflicts of jurisdiction between courts of two member republics as well as between military tribunals and other courts;
- lay down the principles governing the uniform enforcement of federal statutes, other federal laws and general enactments by the courts;
- perform other duties for which it has been empowered by the present Constitution and federal law.
Article 109
- The justices of the Federal Court shall be appointed and dismissed by the Federal Assembly.
- Justices of Federal Court shall be appointed for nine year terms.
- The justices of the Federal Court shall select one of their members to act as president of the Federal Court.
- A justice of the Federal Court shall enjoy the same immunity as a federal deputy.
- The Federal Court shall determine the immunity of one of its justices.
- A justice of the Federal Court may not hold any other public office or engage in any other professional activity.
- A federal statute shall be adopted regulating the Federal Court.
Article 110
- The judicial powers of a justice of the Federal Court may cease before the end of his term of office; if he requests to be relieved of his duties, if he meets the requirements for retirement as established by federal law, or if he receives a prison sentence.
- A justice of the Federal Court may be dismissed before the expire of his mandate: if he is convicted of a penal offense which renders him unfit to carry out judicial functions; if he has performed his judicial duties in an incompetent or unconscientious manner, or if he becomes permanently incapacitated for the performance of his judicial duties.
- In conformity with federal law, the Federal Court shall determine the existence of cause for terminating the mandate of a justice of the Federal Court, or for dismissing a justice, and shall inform the Federal Assembly accordingly.
Title 5 Federal Public Prosecutor
Article 111
- The Federal Public Prosecutor shall apply legal remedies for which he is empowered by federal statute in maters within the jurisdiction of the Federal Court and shall perform other duties as provided for by federal law.
- The Federal Public Prosecutor shall give mandatory instructions to public prosecutors in the member republics and may take over cases of criminal prosecution in matters in which the criminal offenses and other penal offenses are established by federal statute.
Article 112
- The Federal Public prosecutor shall be appointed and dismissed by the Federal Assembly and shall serve a four-year term of office.
- The Federal Public Prosecutor shall enjoy the same immunity as a federal deputy.
- The Federal Assembly shall determine the immunity of the Federal Public Prosecutor.
- The Federal Public Prosecutor may not hold any other public office or engage in other professional activities.
Article 113
- The functions of the Federal Public Prosecutor shall cease before the expire of his mandate: if he requests to be relieved of his duties, if he meets the requirements for retirement as established by federal law, or if he receives a prison sentence.
- The Federal Public Prosecutor may be dismissed before the expire of his mandate; if he has been convicted of a penal offense which renders him unfit to perform his functions; if he has performed his duties in an incompetent or unconscientious manner, or if he becomes permanently incapacitated for the performance of his functions.
- The Federal Assembly, in accordance with federal law, shall determine the existence of cause for terminating the mandate of the Federal Public Prosecutor, or for his dismissal.
Title 6 National Bank of Yugoslavia
Article 114
- The National Bank of Yugoslavia shall be an independent institution of the monetary system of the Federal Republic of Yugoslavia and sole bank of primary issue, responsible for monetary policy, the stability, of the currency and financial discipline, and the performance of other functions as laid down by federal law.
- The National Bank of Yugoslavia shall be directed by a governor, who shall be responsible for its work.
- The governor of the National Bank of Yugoslavia shall be appointed for a four-year term and may be reelected.
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