Nespojivost funkcije predsednika države sa članstvom i vođstvom u političkoj stranci-primer Srbije
Incompatibility of the presidential function with membership and leadership in political parties - the Serbian case

Author(s): Miloš B. Stanić
Subject(s): Politics, Law, Constitution, Jurisprudence, Governance, Public Law, Government/Political systems
Published by: Fondacija Centar za javno pravo
Keywords: president of the state; incompatibility; political party; national unity; Serbia; comparative; governance functions;
Summary/Abstract: The aim of this paper is to examine whether membership in a political party is incompatible with the function of the president of the state. The issue is especially important in context of the previous experience in Serbia. This question gains special importance because the Serbian constitution, as well as the constitutions in comparative law, determine the head of state as the guarantee of the national unity. Consequently the question emerges if the president, who is at the same time a member of the party, can properly fulfill this function? In order to examine all these dilemmas, the term and the legal nature of political parties are examined, as well as the notion of imaginary national unity, which the president is supposed to present. All the theoretical findings are put in comparison with the Serbian law and practice, as well as European. Finally, at the very end, based on previous conclusions, recommendations of possible new solutions in Serbia are presented.

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