Montenegrin independence referendum, 2006
On 21 May 2006, a referendum was held, which decided on the independence of the Republic of Montenegro from the State Union of Serbia and Montenegro. With a turnout of 86.39 %, or 419 240 from a total of 485 280 registered in 2006 voters the necessary 55 percent majority with a score of 55.49 % ( 230 661 ) was just exceeded. 44.51 % or 185 002 voted no, and were for the whereabouts of Montenegro on the side of Serbia in the State Union of Serbia and Montenegro. The resolution was completed on June 3, 2006 with the declaration of independence by the Montenegrin Parliament in Podgorica. The Serbian parliament in Belgrade followed his hand on 5 June 2006 as the de facto declaration of succession of Serbia and Montenegro by Serbia. Serbia declared itself as the successor state of Serbia - Montenegro not independent because it is not initially recognized Montenegro as an independent state. It was only on 15 June 2006, Montenegro was recognized by Serbia, so that both countries are definitely independent.
Through the European Union was required that at least 55 % of the votes cast approve the resolution to recognize a Republic of Montenegro on their part. In a rejection of the independence of the former part of the state by at least 45 % of the population, the Federation would continue to remain composed. Had the referendum failed, would have no other may be held on this issue within a year.
In the historical context seen the referendum sealed the disintegration of Yugoslavia, whose last remaining confederation was formally renamed in 2003 in Serbia and Montenegro, final. Serbia was the secession of Montenegro into a landlocked country with no access to the sea.
Constitutional Legal Background
The Constitution of Serbia and Montenegro from 2002 called for rules to Abspaltungsreferenda: According to Article 25 of the Constitution allowed only after a time frame of three years of its ratification of the two constituent states declare independence. The same article provides for this step, the referendum on the need. However, this Constitution also states that the two signatory Member States have the right laws concerning such a referendum to design.
The Constitution of Serbia and Montenegro also provides that those Member States wishing to leave the federal government forfeits all rights associated with the political and legal continuity. The remaining portion was legally speaking the successor state of Serbia and Montenegro. Specifically, this means that the state, which emerges from the Federation, must reapply at the major international institutions such as the United Nations and must be recognized by the international community.