Last modified: 2005-05-28 by ivan sache
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The flag of the former Yugoslavia (as well as its coat of arms and anthem) is still both de facto and de jure the official flag of the subsequent new state of Serbia and Montenegro.
De facto, it was seen in use in several instances, including among other the official hoisting in several places in connection with the assassination of the Prime Minister Džinžić and the Council of Europe session acknowledging Sertbia and Montenegro as the 45th member of the Council (Strasbourg, 3 April 2003).
De jure, the Constitutional Charter and the Law on its implementation have provisions that make all the legislation of Yugoslavia valid for the new state until the adoption of the new appropriate legislation replacing it. This naturally also include the legislation on the flag, as demonstrated by the usage practice.
The law of the new flag should be adopted, according to the Charter and the Law on Implementation, within 60 days of the constitution of the new Parliament. Therefore, the new flag should be adopted sometime around the 1st May, if the Parliament observes the time table provided by its own legislation, which might have not been the case, especially considering the situation after Džinžić's assassination.
Željko Heimer, 10 April 2003
The Council of Minis