President of the Republic : Constitutional-institutional dilemmas

Abstract

After twenty five years since the introduction of the semi-presidential system in Serbia and in the region, this text attempt to reassess its performance, achievements and limits. It analyses the factors which the power of the directly elected president depends on (constitutional competences, manner of election, whether he is a party president, whether his party has majority in the parliament). The text explains the origin of the concept and institution, reasons for introduction, criteria for maximalist and minimalist understandings of semi-presidentialism. In new democracies the semi-presidential system faces additional challenges and temptations: 'the third mandate', absence of reelection-related incentives in the second mandate, manner of inclusion in/exclusion from the creation of politics and whether the directly elected president is in the same time the party president. Possible redesign of this political institution would require taking care that the manner of election is only one of the dimensions important for functioning of this system. The issue of the level of competences is of no less importance. The key is in the careful balance of power among the three branches of power, but above else between the president of the state and the prime minister.