Mišljenje Venecijanske komisije o Ustavu Republike Srbije od 2006: odredbe o sistemu vlasti
The Opinion of the Venice Commission about the 2006 Constitution of the Republic of Serbia concerning Provisions on the System of Government

Summary/Abstract: The text gives a critique of the opinion of the Venice Commission about the 2006 Constitution of Serbia regarding its part referring to provisions on the system of government. To determine the system of government of a country two things are important: competences of legislature and executive power, and legal instruments which enable the two parties to have an impact on each other. The Venice Commission thinks that the new constitution “provides for a clearly parliamentary system”. This qualification is challenged by constitutional position of the President of the Republic. The Venice Commission missed its opportunity to submit to criticism constitutional provision of many institutions which are characteristic of the relationship between legislature and executive power, in particular the dissolution of the parliament, suspension veto, dismissal of the President of the Republic, interpellation, etc. Generally speaking, the Venice Commission has taken a political approach to these provisions, instead of a legislative one, and it is thus more important, at least concerning this part of the Constitution, what the Commission has not said about the Constitution

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