Устав Републике Србије од 2006. године – проблем природе посланичког мандата и парламентарних имунитета
Constitution of the Republic of Serbia of 2006 – the Problem of Nature of Parliamentary Mandate and Parliamentary Immunity

Summary/Abstract: The author presents the solutions of the Constitution of the Republic of Serbia regarding the nature of parliamentary mandate and the parliamentary immunity, using normative and comparative legal method. The aim of the paper is to analyse certain norms, which are found to be inadequate and to propose appropriate amendments. First of all, the author points out that Article 102(2) of the Constitution, which regulates the legal nature of the parliamentary mandate, is not acceptable. This is especially true considering how this matter is regulated in the countries of the liberal-democratic constitutionality. In all of them, it is stipulated by constitutions that parliamentary mandate is free. Regarding parliamentary immunities, it seems that there is a need for certain norms to be more precise and there is a space to reconsider the possible restrictions of rules on non-liability. In addition, there is a need to consider redefining the notion of immunity according to the trends in the comparative law.

• Details
• Contents