Some Nomotechnical Weaknesses of the Regulation of Presidential Functions and Powers in the Serbian Constitution of 2006

Abstract

The present Constitution of the Republic of Serbia from 2006 cannot be unfortunately praised for the style it was written in and the quality of its systematics. In addition to the multitude of content-questionable solutions it envisages, nomotechnical omissions of various kinds often make it difficult to interpret or simply create various problems in practice. In this paper, the author presents and analyzes some of the errors and omissions of the Serbian Constitution in the domain of regulations of the President of the Republic, as well as those that stand in an indirect relationship with the head of state. From the lack of systematics of the norms regulating president’s constitutional position, which practically restricts systemic interpretation to evident mistakes ranging from terminological to those with significant concrete and practical consequences (such as inadvertent determination of the type of electoral system), the constitutional regulation of the function of the President of the Republic demands its revision, during which special care should be taken in order not to repeat the mistakes present in the present constitutional framework of the Republic of Serbia.