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.
Read more about this topic: Montenegrin Independence Referendum, 2006
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