O ПАРЛАМЕНТАРНОМ МАНДАТУ: ПРИМЕР РЕПУБЛИКЕ СРБИЈЕ
ON THE PARLAMENTARY MANDATE: EXAMPLE OF THE REPUBLIC OF SERBIA

Summary/Abstract: The fundamental principles of the new Constitution of the Republic of Serbia (2006) take account of all the basic values recognized by the modern constitutional states that have declared themselves parliamentary democracies. However, the nature of the national deputies’ mandate in Serbia differs from that of the contemporary (European) states – not only from the ones with a long parliamentary tradition, but also from the states belonging to the group of the so-called new democracies. Namely, under Article 102 paragraph 2 of the new Serbian Constitution, a deputy shall be free to irrevocably put his or her term of office at disposal of the political party upon whose proposal he or she has been elected a deputy. This rule diverges from the standards of the modern parliamentary constitutionality that regulate the status of deputies and affirm the principle of free parliamentary mandate.

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