The President of the National Assembly was supposed to call for presidential elections immediately after the resignation of Aleksandar Vučić, but she has not yet done so. Legal experts point out that the Rules of Procedure of the Assembly leave no room for delay
Aleksandar Vučić he resigned from the position of President of the Republic almost a week ago. However, the presidential elections have not yet been announced.
Medjuvalsce
The period of the so-called interim government can last a maximum of 90 days. The new president of Serbia must be sworn in no later than December 28.
Article 120 of the Constitution of Serbia states that "the President of the National Assembly can replace the President of the Republic for a maximum of three months", and that "the President of the National Assembly is obliged to call the elections for the President of the Republic so that they are held no later than three months after the end of the mandate".
Photo: Tanjug/ Rade PrelićAna Brnabić in the presidential cabinet
Vučić resigned on Sunday (September 27), said goodbye to his associates and handed over his duties Anna Brnabić who has been the acting president of the state since that moment. Five days ago (September 28), the handover took place in the Parliament.
However, even though the Rules of Procedure require it National Assembly of Serbia, the president of the Assembly, in whose hands is now the presidential seal of the Republic, did not call for elections.
Namely, Article 267 of the Rules of Procedure of the National Assembly of Serbia states that when the President of the Republic resigns and informs the President of the National Assembly about it, the President of the Assembly immediately delivers this notification to the Members of Parliament. In it, he informs them that he is replacing the President of the Republic until a new one is elected. The President of the National Assembly then calls for elections for the President of the Republic - which did not happen.
Will the Constitutional Court react?
Slobodan Orlović, a professor of electoral and constitutional law at the Faculty of Law in Novi Sad, told Insider that we had to know the date of the election already on Monday.
"That article of the Rules of Procedure does not leave any room for any special calculations. Therefore, it expressly says that elections are to be called immediately, which means that if the resignation was submitted on Sunday, then, that is, on Monday, the elections for the president of the republic should have been called. However, that did not happen, but to tell you honestly, in all these past years, this government does not respect the Constitution, it does not respect the law, let alone any rules of procedure as a by-law," explains Orlović.
Photo: Sava Radovanović/TanjugThe Presidency of Serbia at Andrić's Wreath
As the rules of procedure govern constitutional matters, the Constitutional Court should protect them.
"Regardless of the fact that it is about the Rules of Procedure as a formal legal sub-legal act, the Rules of Procedure regulate constitutional matter, therefore, matter of the highest possible importance and, as such, as a source of constitutional law, the Constitutional Court should protect it. However, it is difficult to expect this from this composition of the Constitutional Court, as well as from the previous one, because it practically did nothing to protect the Constitution", concludes Orlović.
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