Check for constitutionality or legality of initiatives

Serbia, Law on the Referendum and the People’s Initiative (December 2021) [in Serbian], accessed 20 December 2021

Verification of the Proposal

Article 60. The Speaker of the аssembly to which the initiative board has submitted the proposal shall establish whether the proposal has been formulated in accordance with Articles 48, 57 and 59 of this Law and whether it pertains to matters falling within the competence of the assembly, and if so, shall notify the initiative board thereof within 15 days (verification of the proposal).

If the proposal is submitted for the purpose of conducting a referendum, the Speaker of the Assembly shall submit it to the competent commission for opinion on the proposal of the referendum question in accordance with the provisions of Article 36 of this Law.

If the conditions prescribed by this Law have not been fulfilled, the Speaker of the assembly shall grant the initiative board an additional 15-day time limit to remedy the deficiencies.

If the initiative board remains with the submitted proposal and the Speaker of the assembly considers that the submitted proposal is not formulated in accordance with Articles 48, 57 and 59 of this Law or does not pertain to matters falling within the competence of the assembly, the Speaker shall put that proposal on the agenda of the first subsequent session of the assembly and notify the initiative board thereof.

The representative of the proponent shall attend the session of the assembly at which the proposal is being considered.

If the proponent’s representative is not designated, the first signed member of the initiative board shall be invited to the assembly session.

The assembly may decide to verify or reject the submitted proposal, and the Speaker of the assembly shall notify the initiative board of the assembly’s decision within seven days from the day the decision was made.

If the Speaker of the аssembly, i.e. the аssembly does not act in accordance with paragraphs 1, 3 and 7 of this Article, it shall be considered that the proposal has been verified.