Uzroci prezidencijalizovanja parlamentarizma i dometi ustavnog inženjeringa u Republici Srbiji
The causes of presidentialization of parliamentarism and the scope of constitutional engineering in the Republic of Serbia

Author(s): Darko Simović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Government/Political systems, Studies in violence and power
Published by: Fondacija Centar za javno pravo
Keywords: parliamentarism; Serbia; Constitution of Serbia; horizontal organization of powers in Serbia; president;
Summary/Abstract: Since the establishment of parliamentarism in Serbia in 1990, this system of government did not function in the manner foreseen by the framers of the constitution. Instead of being a neutral and arbitrary power, the President of the Republic is in practice, for the most part, a primary power dominating over the constitutional system of Serbia. The 2006 Constitution of Serbia did not introduce significant novelties in the area of horizontal organization of powers. The system of powers is still susceptible to presidentialization and its functioning in practice, first and foremost, depends on non-institutional factors. The major weakness of the horizontal organization of powers in Serbia is the inconsistency in the constitutional modeling of the position of the President of the Republic. The President is envisioned as an 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 is a discord between direct political legitimacy and the competences which are at his disposal. This paper discusses the thesis that the acceptance of a semi-presidential system, along with the securing of political neutrality of the President of the Republic, could be an efficient solution for political circumstances in Serbia. In any case, it is necessary to simultaneously strengthen the political and legal culture, because the noninstitutional factors are of cardinal significance for harmonious functioning of the established system of powers.

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