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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Starting Points for the Restructuring of Relations between Serbia and Montenegro (The Belgrade Agreement)
Record 549

Country :

Serbia-Montenegro

Agreement Title/Name:
Starting Points for the Restructuring of Relations between Serbia and Montenegro (The Belgrade Agreement)
Year :
2002
Date Signed :

14 March 2002

Summary :


Parties :
Federal Rep of Yugoslavia, Rep of Montenegro, Rep of Serbia,
Third Parties :
Statehood/Identity :
CONSTITUTIONAL CHARTER. On the basis of opinions put forward in parliamentary debates, that is, parliamentary conclusions, a constitutional commission, whise members shall be delegated by the Parls of the FRY, Serbia and Montenegro, shall the 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 parls first, and then submitted to the Federal Parliament. PROVISION ON RECONSIDERATION: upon the expiration of 3-year period, the member states shall be entitled to instituting proceedings for a change of state status, that is withdrawal from the state union. If Montenegro withdraws from the state union, intl docs relating to the FRY, the UNSC res 1244 in particular, shall relate to and fully apply on Serbia as its successor. A member state that uses this right, shall not inherit the right to intl and legal staus and all debatable isssues shall be regulated specifically between the state successor and the newly established state. If in a referendum pprocess oth members state declare theselves in favour of a change of a state status (independence), all debatable issues shall be resolved in succession proceedings, as was done in the case of former Yugoslavia. NAME OF THE STATE: Serbia and Montenegro. In represting the member staets in intl orgs (UN, OSCE, EU and COE), parity shall be provided for through rotation, whereas psecial models for representation shall be degined for intl financial orgs. In diplomatic and consular rep offices of Serbia and Montenegro abroad, a special agmt shall be made on proportionate representation of the member states.
Governance/Democratic Inst :
INSTITUTIONS OF SERBIA AND MONTENEGRO: parl, president, Council of Ministers, and Court. A unicameral parliament providing certain positive discrimination for Montenegrin reps. Mechanisms to protect aginst outvoting of member states shall be provided for.
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
The Court of Serbia and Montenegro shall have constitutional court and administrative court functionsm and shall deal with harmonisation of court practice. The administrative court functions shall be exercised in relation with admininstrative acts of the ministries of the Council of Ministers.The Court shall take legal views and give opinions related to the harmonisation of court practice. The court is not an appellate court and has an equal numebr of judges from the member states.
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Council of Ministers to be composed of five depts, incl. one on protection of human and minority rights.
Judicial Reform :
The Court of Serbia and Montenegro shall have constitutional court and administrative court functionsm and shall deal with harmonisation of court practice. The administrative court functions shall be exercised in relation with admininstrative acts of the ministries of the Council of Ministers.The Court shall take legal views and give opinions related to the harmonisation of court practice. The court is not an appellate court and has an equal numebr of judges from the member states.
Policing :
Not Applicable
Refugees/Land :
Not Applicable
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
ECONOMIC SPHERE: provides for harmonization of economic spheres of member states. EU to assist in accomplishing this objective. If one of the member states believes that the other does not live up with commitments under this agmt concerning the operation of a commn market and the harmonization of trade and customs policies, it shall reserve the right to raise the mattter 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 Agmt on Association and Stabilization.
Enforcement Mechanism :
CONSTITUTIONAL CHARTER. On the basis of opinions put forward in parliamentary debates, that is, parliamentary conclusions, a constitutional commission, whise members shall be delegated by the Parls of the FRY, Serbia and Montenegro, shall the 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 parls first, and then submitted to the Federal Parliament. The Constitutional Charter shall be submitted to the Parls for deliberation by the end of June 2002 at the latest. PROVISION ON RECONSIDERATION: upon the expiration of 3-year period, the member states shall be entitled to instituting proceedings for a change of state status, that is withdrawal from the state union. If Montenegro withdraws from the state union, intl docs relating to the FRY, the UNSC res 1244 in particular, shall relate to and fully apply on Serbia as its successor. A member state that uses this right, shall not inherit the right to intl and legal staus and all debatable isssues shall be regulated specifically between the state successor and the newly established state. If in a referendum pprocess oth members state declare theselves in favour of a change of a state status (independence), all debatable issues shall be resolved in succession proceedings, as was done in the case of former Yugoslavia. 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: provides for harmonization of economic spheres of member states. EU to assist in accomplishing this objective. If one of the member states believes that the other does not live up with commitments under this agmt concerning the operation of a commn market and the harmonization of trade and customs policies, it shall reserve the right to raise the mattter 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 Agmt on Association and Stabilization.
International Community :
ECONOMIC SPHERE: provides for harmonization of economic spheres of member states. EU to assist in accomplishing this objective. If one of the member states believes that the other does not live up with commitments under this agmt concerning the operation of a commn market and the harmonization of trade and customs policies, it shall reserve the right to raise the mattter 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 Agmt on Association and Stabilization.
UN Involvement :
Source :
UN Peacemaker


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