THE POWER AND POWERLESSNESS OF THE PRESIDENT OF SERBIA Cover Image

МОЋ И НЕМОЋ ПРЕДСЕДНИКА РЕПУБЛИКЕ СРБИЈЕ
THE POWER AND POWERLESSNESS OF THE PRESIDENT OF SERBIA

Author(s): Ratko Marković
Subject(s): Constitutional Law, Government/Political systems, Politics and law
Published by: Правни факултет Универзитета у Београду
Keywords: Republic of Serbia; Parliamentary system; Presidential system; Promulgation of laws; Suspensive legal veto;

Summary/Abstract: More than a decade and a half have elapsed since the 1990 Constitution of the Republic of Serbia came into effect, and it seems the time has come for an objective, scientific evaluation of its most controversial institution -- the President of the Republic -- at least, in the time when it was adopted and in the first years when it was in effect. Judging by the constitutional authorities it implies, this institution is somewhere between the head of state in a parliamentary republic, who is elected by parliament, and the head of state in a presidential republic, who is elected in direct elections. However, the President of the Republic is unable to perform the vast majority of these authorities, either because they are ’’frozen’’ (performing duties in the domain of the Republic of Serbia's relations with other states and international organizations, command of the armed forces, the proclamation of a state of war, a state of an immediate threat of war and a state of emergency) for as long as the Republic of Serbia is in the position of a unit in a composite state, or because the law has not defined them in greater detail, so that they remain ’’a dead letter’’ (conferring decorations).

  • Issue Year: 52/2004
  • Issue No: 3-4
  • Page Range: 325-360
  • Page Count: 36
  • Language: Serbian