Srđan Đorđević

MANDATE OF PARLAMENT REPRESENTATIVES – CONSTITUTIONAL SOLUTION

Summary

Above discussed matter of regulation of parliament representative's mandate in Republic of Serbia demands analysis of normative solutions regarding character of mandate of parliament representatives according the Serbian Constitution from 1990 and Serbian Constitution adopted at 2006, and that is still on power. In this paperwork the comparation  of this two solutions was made in linguistical, legal-dogmatic and axiological way. Further more, important place in this work has been given to constitutional court's interpretation, by which, from the standings of the supreme legal authority, the final determination of legal meaning of provisions of the Constitution of Republic of Serbia, those that determinates issues in subject, was made. Reason for this is in the fact that, through this interpretation, the cassation of this provision was made, specially those provisions that proscribes dependence of representative's mandate from the „will” of the Party. Author insists on the free representative's mandate and stands on the point that the possibility could be find, through interpretation of very complicated formulation of provision in the Article 102 st. 2, of Constitution, for finding the logical way for retaining free mandate. That is the reason that in this work one can find offer for reconsidering adoption of German legal theory on new methods if interpretation of constitution.

Key words: Constitution, mandate of parlament representative, constitutional court's interpretation, the “will of the Party, free mandate