Президенцијализовање српског парламентаризма (2006-2016)
Presidentialization of the Serbian Parliamentarianism (2006-2016)

Summary/Abstract: 2006 Constitution of Serbia did not introduce significant novelties in the area of horizontal organization of powers. Parliamentarianism from 1990 was additionally rationalized, however political practice showed that its major shortcomings were not eliminated with the new Constitution. The system of powers is still susceptible to presidentialization, and its functioning in practice first and foremost depends on non-institutional factors. Presidentialization of politics involves the transference of focus from collective, party system politics to a model of individualized, leadership of politics. Aside from that, Serbia is characterized by a particularly low level of legal and political culture and lack of understanding of institutional logic of the fine mechanisms of parliamentarianism. The major weakness of the horizontal organization of powers in Serbia is the inconsistency in the constitutional modeling of the position of the Chief of State. The President is envisioned as a moderatorial, arbitrative power that should be harmonizing the work of the parliament and the government. However, past political practice dictates that the President of the Republic has never in the true sense of the word effectuated such a role because there exists discord between direct political legitimacy and the competences which are at his disposal. There are two possible solutions available as possible corrections to the existing system of powers. On the one hand, it is possible to foresee a German variance of parliamentarianism where the Chief of State would be elected in Parliament. On the other hand, the idea of transforming the rationalized parliamentarianism in Serbia into a semipresidentialism. Those are the possible ways of harmonizing the manner of electing the Chief of State and the scope of his competencies.

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