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Montenegrin independence referendum, 2006
An independence referendum was held in Montenegro on 21 May 2006.〔Nohlen, D & Stöver, P (2010) ''Elections in Europe: A data handbook'', p1372 ISBN 978-3-8329-5609-7〕 It was approved by 55.5% of voters, narrowly passing the 55% threshold. By 23 May, preliminary referendum results were recognized by all five permanent members of the United Nations Security Council, indicating widespread international recognition of Montenegro once independence would be formally declared. On 31 May the referendum commission officially confirmed the results of the referendum, verifying that 55.5% of the population of Montenegrin voters had voted in favor of independence. Because voters met the controversial threshold requirement of 55% approval set by the European Union, the referendum was incorporated into a declaration of independence during a special parliamentary session on 31 May. The Assembly of the Republic of Montenegro made a formal Declaration of Independence on Saturday 3 June.〔(Montenegro declares independence ) BBC News, 4 June 2006〕
In response to the announcement, the government of Serbia declared itself the legal and political successor of Serbia and Montenegro,〔(Serbian Press Release ) Government of Serbia〕 and that the government and parliament of Serbia itself would soon adopt a new constitution.〔(Press Release )〕 The European Union, the United States, the People's Republic of China, and Russia all expressed their intentions to respect the referendum results.
==Constitutional background==
The process of secession was regulated by the Constitutional Charter of Serbia and Montenegro adopted on 4 February 2003 by both Councils of the Federal Assembly of the Federal Republic of Yugoslavia, in accordance to the 2002 Belgrade Agreement between the governments of the two constitutive republics of then's Federal Republic of Yugoslavia, Montenegro and Serbia. Article 60 of the constitution required that a minimum of three years pass after its ratification before one of the member states could declare independence. The same article specified the referendum as necessary for this move. However, this constitution allowed member states to define their own referendum laws.
It is also specified that the member state which secedes forfeits any rights to political and legal continuity of the federation. This means that the seceding state (in this case the Republic of Montenegro) had to apply for membership to all major international institutions, such as the United Nations and be recognized by the international community, and that the Republic of Serbia became the full successor to the state union. No state objected to recognizing a newly formed state prior to the referendum. If Serbia had declared independence instead of Montenegro, Montenegro would have been the legal successor state.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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