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Montenegro
Proceeding Points for the Restructuring of Relations
Between Serbia and Montenegro
March 14, 2002
[see also
Constitutional Charter of the State Union of Serbia and Montenegro and
Constitution of the Republic of
Montenegro, 1992]
Agreement on Principles. The Agreement on Principles of relations
between Serbia and Montenegro within the state union shall be signed
by participants in the talks: the President of the Federal Republic
of Yugoslavia, the Deputy Federal Prime Minister, the President of
the Republic of Montenegro, the Serbian and Montenegrin Premiers
and, as witnesses, the EU High Representative for Common Foreign and
Security Policy. The document shall be submitted for debate to the
Parliaments of member states and the Federal Parliament.
Constitutional Charter. On the basis of opinions put forward in
parliamentary debates, that is, parliamentary conclusions, a
constitutional commission, whose members shall be delegated by the
Parliaments of the Federal Republic of Yugoslavia (FRY), Serbia and
Montenegro, shall draft the Constitutional Charter, the highest
legal act of the state union of Serbia and Montenegro. The text of
this act shall be adopted by the republican parliaments first, and
then submitted to the Federal Parliament. Such procedure would
reaffirm the elements of Serbian and Montenegrin statehood, stemming
from present-day factual situation and the historic rights of the
two member states.
Provision on Reconsideration. Upon the expiration of a three-year
period, the member states shall be entitled to instituting
proceedings for a change of the state status, that is, withdrawal
from the state union. If Montenegro withdraws from the state union,
international documents related to the FRY, the UN Security Council
Resolution 1244 in particular, shall relate and fully apply on
Serbia as its successor.
A member state that uses this right, shall not inherit the right to
international and legal status, and all debatable issues shall be
regulated specifically between the state successor and the newly
established state. If in a referendum process both member states
declare themselves in favor of a change of the state status
(independence), all debatable issues shall be resolved in succession
proceedings, as was done in the case of former Yugoslavia.
The Laws on Referendum shall be adopted by the member states, taking
full account of internationally recognized democratic standards.
The name of the state: Serbia and Montenegro.
Institutions of Serbia and Montenegro: the Parliament, the
President, the Council of Ministers and the Court.
Parliament: A unicameral parliament providing certain positive
discrimination for Montenegrin representatives. The Laws on the
Election of Representatives to the Parliament of Serbia and
Montenegro shall be adopted by the member states, in compliance with
the principles defined by the Constitutional Charter. Mechanisms to
protect against outvoting of member states shall be provided for.
President of Serbia and Montenegro: The President, elected by the
Parliament of Serbia and Montenegro, shall propose the composition
of the Council of Ministers and direct its work.
Council of Ministers: The Council of Ministers, shall be composed of
five departments: foreign affairs, defence, international economic
relations, internal economic relations and protection of human and
minority rights. The competences of the ministries shall be defined
in detail subsequently.
The Court of Serbia and Montenegro: The Court shall have
constitutional-court and administrative court functions, and shall
deal with harmonization of court practice. The administrative court
function shall be exercised in relation with administrative acts of
the ministries of the Council of Ministers. The Court shall take
legal views and give opinions related to the harmonization of court
practice. The Court is not an appellate court and has an equal
number of judges from the member states.
The Army: The Army of Serbia and Montenegro shall be under the
command of the Supreme Defense Council, composed of three
presidents. The Supreme Defense Council shall make decisions by
consensus. Conscripts shall serve the army on the territory of their
respective member states, with the possibility of serving on the
territory of the other member state, if they wish so.
Elections and Appointments: Upon the promulgation of the
Constitutional Charter under the specific procedure, elections shall
take place, the Parliament of Serbia and Montenegro shall be
constituted, the President of Serbia and Montenegro shall be
elected, as well as members of the Council of Ministers and judges
of the Court of Serbia and Montenegro. It shall be possible to
provide for rotating during a term in office. (In the Ministry of
Foreign Affairs and the Ministry of Defense, the minister and
his/her deputy from different member states shall take turns when
one half of the term in office expires).
In representing the member states in international organizations
(UN, OSCE, EU and the Council of Europe), parity shall be provided
for through rotation, whereas special models for representation
shall be defined for international financial organizations. In
diplomatic and consular representative offices of Serbia and
Montenegro abroad, a special agreement shall be made on
proportionate representation of the member states.
The Constitutional Charter shall be submitted to the Parliaments for
deliberation by the end of June 2002 at the latest.
Dislocation of federal institutions. Some federal institutions can
be headquartered in Podgorica.
Constitutional reconstruction of the member states. Within the
activities aimed at the promulgation of the Constitutional Charter
of Serbia and Montenegro, the member states shall amend their
respective constitutions in compliance with the Constitutional
Charter of Serbia and Montenegro or promulgate new constitutions by
the end of 2002 at the latest.
Economic sphere. The level of economic reforms reached in Serbia and
Montenegro shall be a proceeding point for regulating mutual
economic relations.
The member states shall be responsible for unhindered operation of a
common market, including the free flow of people, goods, services
and capital.
Harmonization of the economic systems of the member states with the
EU economic system shall overcome the existing differences,
primarily in the spheres of trade and customs policies.
In both regards, economic reforms that have already been carried out
in the member states shall be taken into full account, while
solutions that would provide for the quickest integration into the
European Union shall be accepted. Transitional solutions in
harmonizing trade and customs policies should take into account the
interests of the member states.
The European Union shall assist in the accomplishment of these
objectives and monitor the process on a regular basis.
The modalities for the achievement of these objectives shall be
elaborated in parallel with the Constitutional Charter.
If one of the member states believes that the other does not live up
with commitments under this agreement concerning the operation of a
common market and the harmonization of trade and customs policies,
it shall reserve the right to raise the matter with the EU in the
context of the Stabilization and Association Process with the view
to the adoption of appropriate measures.
The EU shall guarantee that, if other conditions and criteria for
the Stabilization and Association Process are fulfilled, the agreed
principles of constitutional organization shall not be an obstacle
to a rapid conclusion of the Agreement on Association and
Stabilization.
President of the Federal Republic of Yugoslavia
Vojislav Kostunica
Deputy Federal Prime Minister
Miroljub Labus
President of the Republic of Montenegro
Milo Djukanovic
Premier of the Republic of Serbia
Zoran Djindjic
Premier of the Republic of Montenegro
Filip Vujanovic
Witnessed by:
EU High Representative for Foreign and Security Policy
Javier Solana
Belgrade, March 14, 2002
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