Mišljenje Venecijanske komisije o Ustavu Srbije - slučaj slobodan mandat
Opinion Of The Venice Commission On The Constitution Of Serbia - The Case Offree Term Of Office

Summary/Abstract: The european commission for democracy through Law - the Venice commis-sion - adopted its opinion on the constitution of Serbia on its session held on march 17 th - 18 th , 2007. That text has been written more as political, and not as legal analysis of the present constitution of the republic of Serbia. The large volume of the analysis is in nonconformance with its professional impor-tance. The opinion is burdened by numerous trivial remarks, often incorrect and unprofessional assessments ungrounded in comparative constitutional practice. one of a few justified remarks pertains to an open intention of the writer of the constitution to transform the category of a free term of office to an imperative party term of office. By creating a possibility for a deputy to be free to irrevocably put his/her term of office at the disposal of a political party upon which proposal he or she has been elected, the writer of the constitution legalized the practice of blank resignations, various contracts and bails, and - while intending to prevent trading with terms of office, transformed a free term of office into a tied one. The writer of the constitution thus brought a free term of office in collision with a serial of provisions on sovereignty of citizens, parliamentary immunity and proclaimed tendency to respect euro-pean principles. This provision transforms a free term of office into a consti-tutional legal fossil and, together with insisting on descriptive presentation, opens a way to partycracy and possibilities for a deputy to become an envoy and a changeable delegate.

• Details
• Contents