Intensification of the legislative process: the experience of serbia
| Autor | Konstantin A. Polovchenko |
| Cargo | MGIMO University, Moscow |
| Páginas | 751-772 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 02 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
751
INTENSIFICATION OF THE LEGISLATIVE PROCESS:
THE EXPERIENCE OF SERBIA
Konstantin A. Polovchenko1
Abstract: The article presents an
analysis of the legislative process in the
Republic of Serbia. The leading method
in this study is a systematic approach that
allowed analyzing the specifics of the
stages of the legislative process in terms
of ensuring its effectiveness and
efficiency. Studying the peculiarities of
the lawmaking of the National Assembly
of the Republic of Serbia, the author
concluded that the modern constitutional
legislation of Serbia provided for the
intensification of the legislative process,
which, in turn, made it possible to
update, develop and increase the current
legislative array of the Republic of
Serbia within a fairly short period.
Keywords: legislative power, legislative
initiative, separation of powers,
functions of parliament, the
promulgation of the law, amending the
constitution.
1. Introduction
1 MGIMO University, Moscow. Email: kpolovchenko@gmail.com.
According to Article 1 of the
2006 Constitution, the Republic of
Serbia is a state based on the rule of law
and the principles of civil democracy.
The governmental structure of the
Republic is based on the separation of
powers into legislative, executive and
judicial. The relations of the three
branches of government are based on
balance and mutual control. The
National Assembly is the unicameral
highest representative body in the
Republic of Serbia; it consists of two
hundred and fifty people's deputies
elected by direct election by secret
ballot. Also, under the 2006 Constitution
of the Republic of Serbia, the National
Assembly carries out a wide range of
functions: budgetary, control, electoral,
quasi-judicial, and, of course, the law-
making function.
The Republic of Serbia pose no
exception to the rule that when
examining the role of parliament in the
socio-political process of any state, the
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 02 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
752
attention should certainly be paid not
only to the breadth of functions of the
representative body but also to the
features of parliamentary procedures,
which often have a decisive influence on
the content of decisions made by the
representative body. Thus, Henry
Martyn Robert attached much more
importance to parliamentary procedures
than even to the substance of the
addressed issues. He noted, in particular:
much more important than its content
because its existence provides a uniform
discussion of the case, which does not
depend upon the caprice of the chairman,
the session or m2
That is why the most important
procedural rules are most commonly
enshrined directly in constitutions or
special laws on parliament, and
described in detail in parliamentary
regulations. This primarily concerns
lawmaking procedures, since the
adoption of laws and other normative
acts continues to be the main focus of the
parliaments of modern states. The
Parliament of the Republic of Serbia also
2 Robert, H. Robert's Rules of Order //
Washington, 1992. P. 24
known as the National Assembly poses
no exception as well.
Thus, according to Article 98 of
the Constitution of the Republic of
Serbia, the National Assembly is the
bearer of the constituent and legislative
power in the Republic of Serbia. The
Assembly has the right to adopt a law on
any matter within the competence of the
Republic of Serbia. Moreover, the 2006
Constitution provided for three
exceptions to this rule: territorial
changes of the Republic of Serbia,
regulating the substantial autonomy of
the province of Kosovo and Metohija, as
well as creating new autonomous
territories and, respectively, abolishing
and merging the existing ones. The
above issues may be regulated solely as
part of the procedure for amending the
Constitution. In this case, along with the
National Assembly, the constituent
power is also exercised by citizens
within the framework of the referendum
institute.
When it comes to immediate
parliamentary procedures in the National
Assembly, Article 53 of the Law on the
National Assembly lists all of the types
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