The authority and duties of the Speaker of the National Assembly

The authority and duties of the Speaker of the National Assembly are determined by the Constitution of the Republic of Serbia, Law on the National Assembly and the National Assembly Rules of Procedure, as well as certain laws such as: the Law on the President of the Republic, Law on the Constitutional Court, Broadcasting Law, Law on Election of Deputies, Law on Local Self-Government, Law on Local Elections, Law on Protection of Competition, Law on Judges, Law on Public Prosecution etc.

The Speaker of the National Assembly:

(1) represents the National Assembly; convenes National Assembly sessions and establishes the proposal of the agenda; chairs National Assembly sessions; convenes meetings of the National Assembly Collegium and chairs the meetings; is responsible for the work in the National Assembly sessions of the and implementation of the Rules of Procedure; is responsible for the timely and coordinated work of the National Assembly working bodies; carries out other duties stipulated by the Law and the Rules of Procedure.
(Article 104, paragraph 2 of the Constitution of the Republic of Serbia, Articles 3 and 19 of the Law on the National Assembly and Article 27 of the National Assembly Rules of Procedure)
(2) replaces the President of the Republic when the President of the Republic is prevented from performing his/her duties or his/her term of office ends before the expiry of the period of time for which he or she has been elected. The Speaker of the National Assembly may replace the President of the Republic for maximum three months.While replacing the President of the Republic, the Speaker of the National Assembly is authorized to represent the Republic of Serbia in the country and abroad, receive letters of credit and revocable letters of credit of foreign diplomatic representatives, call an election for the National Assembly, propose to the National Assembly a candidate for the Prime Minister, perform duties from the sphere of defence of the Republic of Serbia and command the Serbian Armed Forces. The Speaker of the National Assembly replacing the President of the Republic is obliged to dissolve the National Assembly in all cases in which it is the constitutional duty of the President of the Republic and promulgate each adopted law by decree.
(Article 120, paragraph 1 and 2 of the Constitution of the Republic of Serbia andArticle 17 of the Law on the President of the Republic)
(3) schedules elections for the President of the Republic. The Speaker of the National Assembly is obliged to schedule elections for the President of the Republic so that they are held not later than three months from the beginning of indisposition of the President of the Republic, that is the end of his/her term of office for which he or she has been elected. Elections for the President of the Republic are called by the Speaker of the National Assembly, by a Decision published in the “Official Gazette of the Republic of Serbia". Elections for the President of the Republic are called 90 days before the end of term of office of the President of the Republic, so that elections finish within the following 60 days from the day the elections were called.
(Article 120, paragraph 3 of the Constitution of the Republic of Serbia andArticle 4 of the Law on the President of the Republic)
(4) calls an election for councilors. The Speaker of the National Assembly calls elections for councilors within two months from the day of the dissolution of the assembly of the local self-government unit. The Speaker of the National Assembly is obliged to call the elections for the assembly of the local self-government unit within one month from the day when elections were due to be conducted, that is when the assembly of the local self-government was due to be constituted.The period between the proclamation of the elections and the conduction of the elections shall not be less than 45 and no more than 60 days. The decision on announcing elections shall establish the date of the election day, as well as the start of new terms for performing electoral acts. The decision on announcing elections shall be published in the “Official Gazette of the Republic of Serbia".
(Articles 86 and 87 of the Law on Local Self-Government andArticle 8 of the Law on Local Elections)
(5) schedules elections for assembly councilors of a new municipality. The Speaker of the National Assembly shall schedule elections for councilors of the assembly of a new municipality within six months from the day the law on the foundation of the new municipality comes into force.
(Article 15 of the Law on Territorial Organization of the Republic of Serbia)

(6) passes the decision to declare a state of emergency or war when the National Assembly is prevented from convening. When the National Assembly is prevented from convening:

• Decision on declaration of state of emergency is jointly passed by the President of the Republic, Speaker of the National Assembly and the Prime Minister under the same conditions that apply to the National Assembly;

• Decision to declare war is jointly passed by the President of the Republic, Speaker of the National Assembly and the Prime Minister acting together;

• Measures of divergence from the constitutionally guaranteed human and minority rights are defined by the President of the Republic, Speaker of the National Assembly and the Prime Minister together.

(Article 200, paragraph 5 and Articles 201, paragraphs 2 and 4 of the Constitution of the Republic of Serbia, Article 10 of the Law on Defence and Article 244 of the National Assembly Rules of Procedure)

(7) publicly calls for a submission of a nominee list for a member of the Council of the Republic Broadcasting Agency at least six months before the term-of-office of a Council member expires. The invitation is addressed to the authorised nominators who had nominated the candidates whose term of office is expiring. The authorised nominators shall submit to the National Assembly the nominee lists for the vacated posts within two months from the day the public call has been made. At least ten days before the decision on the appointment of Council members is taken, the Speaker of the National Assembly shall in an appropriate manner make publicly all valid nominee lists submitted by the authorized nominators along with their short CVs.

(Articles 24 and 31 of the Broadcasting Law)

(8) invites a public contest for the election of the bodies of the Commission for Protection of Competition. The election of the bodies of the Commission is done through a public contest invited by the Speaker of the Assembly, at least three months before the expiry of the mandate of the President of the Commission and the members of the Council or immediately after their dismissal in view of the article 24 of this law.
(Article 23 of the Law on Protection of Competition)
(9) is a person authorised to classify data. The Speaker of the National Assembly is a person authorised to classify data under the Law. In addition, the Speaker of the National Assembly (besides the President of the Republic and the Prime Minister) has access to classified data and the right to use data and documents of any classification level without a certificate, by virtue of his/her office and for the purpose of performing tasks in his/her purview.
(Articles 9 and 37 of the Law on Data Confidentiality)
(10) has the right to safety protection. The Speaker of the National Assembly is a person entitled to safety protection, by virtue of his/her office (for the duration of his/her term of office and six months after its termination).
(Articles 2 and 5 of the Ordinance on Assignment of Safety Protection Duties for Certain Persons and Buildings)
(11) is obligated to receive the Ombudsman. The President of the Republic, the Prime Minister and members of the Government, the Speaker of the National Assembly, President of the Constitutional Court and officials in administrative agencies are obligated to receive the Ombudsman at his request at latest within fifteen days.
(Article 23 of the Law on the Ombudsman)
(12) certain officials take the oath of office before the Speaker of the National Assembly, viz.:
  • judges of the Constitutional Court (Article 11 of the Law on Constitutional Court);
  • judges elected to the function for the first time (Article 53 of the Law on Judges);
  • public prosecutors and deputy public prosecutors elected for the first time (Article 83 of the Law on Public Prosecution);
  • deputy Ombudsmen (Article 7 of the Law on the Ombudsman).
The following officials take the oath of office before the National Assembly:
  • the President of the Republic (Article 114, paragraph 3 of the Constitution and Article 10 of the Law on the President of the Republic);
  • members of the Government (Article 128, paragraph 2 of the Constitution and Article 16 of the Law on the Government);
  • Members of Parliament, upon reaching a decision on verification of their mandate (Article 17 of the Law on the National Assembly);
  • the President, Vice-President and members of the Council of the State Audit Institution (Article 19 of the Law on the State Audit Institution);
  • members of the Fiscal Council (Article 92a of the Law on the Budget System);
  • the Ombudsman (Article 7 of the Law on the Ombudsman);
  • the President of the Supreme Court of Cassation (Article 53 of the Law on Judges);
  • the Republic Public Prosecutor
(Article 83 of the Law on Public Prosecution).
(13) proposes the appointment of Secretary General of the National Assembly; submits a proposal of a decision on the election of members and deputy members of committees on the basis of parliamentary groups’ proposals; submits a decision proposal on the compositions of standing parliamentary delegations that shall participate in the work of the Parliamentary Assembly of the Council of Europe, the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe (OSCE) and other multi-lateral parliamentary institutions and organisations in consultations with the heads of parliamentary groups, taking into consideration proportional participation of political parties and genders.
(Articles 21, 24 and 26 of the National Assembly Rules of Procedure)

(14) convenes the first sitting of the committees.

(Article 25, paragraph 1 of the National Assembly Rules of Procedure)

(15) determines the Annual Work Plan of the National Assembly, after consultations at a meeting of the Collegium, bearing in mind obligations of the National Assembly defined by the Law and the Annual Work Plan of the Government. The Speaker of the National Assembly communicates the Annual Work Plan of the National Assembly to all MPs; adopts Rules of Procedure of the Collegium of the National Assembly, following consultations with members of the Collegium.

(Articles 28 and 34 of the National Assembly Rules of Procedure)

(16) upon proposal of a working body, may entrust scientific or professional institutions, as well as scientists and professionals with a task of considering certain issues falling within the competence of the National Assembly.
(Article 43 of the National Assembly Rules of Procedure)
(17) makes decisions on disputed issues related to the scope of work of committees.
(Article 44, paragraph 2 and Article 71 of the National Assembly Rules of Procedure)
(18) may request the convening of a committee sitting (if the Chairperson of the committee does not convene a sitting within the proscribed time period, the sitting of the committee may be convened by the Speaker of the National Assembly).
(Article 44, paragraph 2 and Article 71 of the National Assembly Rules of Procedure)
(19) is the Chairperson of the Committee on the Rights of the Child. The Speaker of the National Assembly is, by virtue of his/her office, the Chairperson of the Committee on the Rights of the Child.
(Article 47, paragraph 2 of the National Assembly Rules of Procedure)
(20) If the Foreign Affairs Committee is not able to decide on the composition of a delegation or approve the decisions on exchanges of visits with parliamentary groups of friendship of other countries’ representative bodies, the relevant decision is made by the Speaker of the National Assembly, or a Deputy Speaker of the National Assembly and the Chairperson of the competent committee.
(Article 50, paragraph 5 and Articles 290-292 of the National Assembly Rules of Procedure)
(21) makes sure that a Bill or other document proposal is prepared in accordance with the Rules of Procedure and has the authority over the preparation and convocation of a sitting of the National Assembly as well as chairing of a sitting (proposes the agenda for a National Assembly sitting at regular session; convenes National Assembly sittings, as a rule, at least seven days before the date designated for the start of the sitting – if he/she convenes a sitting within a shorter time-limit he/she is obliged to substantiate that decision at the beginning of the sitting; opens the sitting; may postpone the hour or date of the beginning of the sitting; provides information on absent MPs and invited persons, as well as necessary information regarding work; notes the existence of quorum necessary for work and decision-making quorum on Voting Day; grants the floor to the speakers; may adjourn the sitting and set a resumption of the sitting; decides on the use of the right to rebuttal; gives explanations on indications of violations of the Rules of Procedure; to maintain order at the sitting, he/she imposes the measures of: reprimand, denial of floor or expels an MP from the sitting and calls a break until order is restored; concludes the debate; schedules Voting Day; concludes the voting and announces its result; administers secret ballot; concludes the sitting).
(Articles 85-160 of the National Assembly Rules of Procedure)
(22) signs the adopted minutes of a sitting of the National Assembly.
(Article 118 of the National Assembly Rules of Procedure)
(23) convenes and sets the agenda for special and solemn sittings of the National Assembly.
(Articles 119-121 of the National Assembly Rules of Procedure)
(24) notifies the state institution responsible for administering elections of MPs of the termination of the mandate of an MP.
(Article 198 of the National Assembly Rules of Procedure)
(25) at the proposal of a parliamentary group, at least once a month, schedules the day when individual Ministers of the Government shall respond to parliamentary questions on a current issue.
(Article 209 of the National Assembly Rules of Procedure)
(26) may propose placing the reply to an interpellation on the agenda of an on-going sitting of the National Assembly as the last item on which the National Assembly shall vote without a debate.
(Article 224, paragraph 2 of the National Assembly Rules of Procedure)
(27) determines the date to hold an extraordinary session of the National Assembly.
(Article 249 of the National Assembly Rules of Procedure)
(28) If the National Assembly decides to provide information relating to a sitting closed to the public, the Speaker of the National Assembly issues a public statement.
(Article 256, paragraph 2 of the National Assembly Rules of Procedure)
(29) submits an adopted law to the President of the Republic for the purpose of its promulgation, immediately following the date of adoption of a law, or within two days at the latest.
(Article 265, paragraph 1 of the National Assembly Rules of Procedure)
(30) promulgates laws. If the President fails to issue a decree on promulgation of a law within the deadline stipulated by the Constitution (15 days from the date of adoption of the law, at the latest, or seven days if the law was passed by urgent procedure), the decree is issued by the Speaker of the National Assembly.
(Article 113, paragraph 4 of the Constitution of the Republic of Serbia and Article 266 of the National Assembly Rules of Procedure)
(31) ensures the implementation of the decision on internal order in the National Assembly building (as does the National Assembly Secretary General).
(Articles 294 of the National Assembly Rules of Procedure)
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