Zakon o izmenama i dopunama zakona o izboru narodnih poslanika od 2011 – da li je poslanički mandat konačno slobodan?
The Law on Altering and Amending the Law on Election of Deputies of 2011 – Is the Mandate of Deputy Finally Free?

Author(s): Vladan Petrov
Subject(s): Constitutional Law, Electoral systems
Published by: Institut za uporedno pravo
Keywords: the juridisation of the relation betweena a deputy and a political party. – the free mandate. – the Law on Altering and Amending the Law on Election of Deputies of 2011. – Article 102; paragraph 2. –
Summary/Abstract: Although very important, the Law on Election of Deputies is a plain, not a constitutional law. In the period since 1992. to 2003, this law had a peculiar purpose to enable the juridisation of relation between a deputy and a political party. Instead of the explicit proclamation of free mandate, as an essential principle of constitutional democracy, the Constitution of Serbia of 2006 has created a legal basis for establishing the party imperative mandate (Article 102, paragraph 2). The Law on Altering and Amending the Law on Election of Deputies of 2011, drafted on the basis of recommendations from the Venice Commission, is an attempt to “neutralize“ the bad solution of the Constitution. However, in order to “Gordian Knot“ of the nature of the mandate of deputy loosened, the Constitution must explicitly proclaim the free mandate. Until then, the dillema about the nature of parliamentary mandate in the Republic of Serbia will remain open.

• Details
• Contents