29.01.2025.
13:15
What awaits Serbia? The decision will be made within 10 days
Serbia will soon have either a new government or parliamentary elections, most likely in April, but there won't be a transitional government. This was announced yesterday by Serbian President Aleksandar Vučić after Prime Minister Miloš Vučević resigned.
![What awaits Serbia? The decision will be made within 10 days](/data/images/2024-04-30/22595_shutterstock-179110259_f.jpg?timestamp=1738153888)
In his address after the extraordinary session of the Government of Serbia, President said that he is open to both options according to the procedure, both for the formation of a new government and for elections. He also stated that he has three or four names for the new mandate, but that he is not sure that there will be no new elections.
"In the next 10 days, we will make a decision whether we will go to the elections or to form a new government. We do not have any candidates," he said.
SPS is not for elections
The President of Serbia, Aleksandar Vučić, said that SPS President Ivica Dacić declared that he was not in favor of elections, but in favor of the formation of a new government.
What after the Prime Minister's resignation?
Let's recall that the Prime Minister of Serbia, Miloš Vučević, has irrevocably resigned from that position and will remain in that position until a new prime minister is elected, until then the entire government has resigned and will work as a technical government. As provided for in the Constitution, the Prime Minister can submit his resignation to the National Assembly, which at the first following session confirms the Prime Minister's resignation.
The Prime Minister submits his resignation to the President of the National Assembly and at the same time informs the President of the Republic and the public about it. The mandate of the Government ends on the day of the confirmation of the resignation of the Prime Minister. The Law on Government states that when the National Assembly confirms the resignation of the Prime Minister, the President of the Republic is obliged to initiate the procedure for the election of a new Government.
If the National Assembly does not elect a new Government within 30 days from the date of the Prime Minister's resignation, the President of the Republic is obliged to dissolve the National Assembly and call for elections. According to the Law on Government, Article 20, the Prime Minister can submit his resignation, which he addresses to the President of the National Assembly and about which he informs the President of the Republic and the public.
At the first following session, the National Assembly takes note without discussion that the Prime Minister has submitted his resignation and thus the mandate of the Government ends.
![What awaits Serbia? The decision will be made within 10 days](/data/images/2025-01-28/102725_tan2025-01-2811525812-0_iff.jpg?t=1738145708)
"The mandate of the Government ends with the termination of the mandate of the National Assembly, a vote of no confidence, the resignation of the Government, a vote of no confidence in the Prime Minister and the resignation of the Prime Minister", it is stated in the Law on Government.
According to the Law, the government whose mandate has ended can only carry out current affairs and cannot propose laws and other general acts to the National Assembly or pass regulations, unless their adoption is related to a legal deadline or is dictated by the needs of the state, the interests of defense or natural, economic or a technical accident.
Also, the Government cannot appoint civil servants to positions in state administration bodies, and when exercising the founding rights of the Republic of Serbia, it can only appoint or consent to the appointment of acting directors and members of the administrative and supervisory board. The Prime Minister can justify his resignation in the National Assembly, and the provisions on the resignation of the Prime Minister are applied accordingly to the resignation of the entire Government.
Otherwise, the end of the prime minister's mandate does not necessarily mean new elections, because there is a possibility that the majority in the parliament will elect a new prime minister. When the Parliament of Serbia confirms the resignation of the Prime Minister, the President of the State is obliged to initiate the procedure for the election of a new Government, that is, to entrust the mandate to someone else.
The Prime Minister of Serbia, Miloš Vučević, assumed the duties of the Prime Minister of Serbia at the end of April 2024. The Government of Vučević started working on May 2. The decision to appoint Vučević as a representative was made by the President of Serbia, Aleksandar Vučić, on March 30. Until then, Vucevic was the Minister of Defense and the leader of the ruling Serbian Progressive Party (SNS). He submitted the exposition in the Serbian Parliament at the beginning of May. He succeeded Ana Brnabić, who is today the Speaker of the Parliament.
What can the government do in the technical mandate?
As prescribed by law, a government whose mandate has expired cannot propose laws and other general acts to the National Assembly or pass regulations, unless their adoption is related to a legal deadline or is dictated by the needs of the state, defense interests or a natural, economic or technical accident.
It cannot appoint civil servants to positions in state administration bodies, and when exercising the founding rights of Serbia, it can only appoint or consent to the appointment of acting directors and members of the administrative and supervisory board.
The government whose mandate has expired cannot propose to the President of the Republic the dissolution of the National Assembly.
Also, a member of the Government whose mandate has ended due to the termination of the Government's mandate has the same powers as a member of the Government who has resigned, as specified in the Law on Government.
The same law, in Article 20, also states that the Prime Minister can submit his resignation, which he sends to the President of the National Assembly and about which he informs the President of the Republic and the public.
At the first following session, the National Assembly takes note without discussion that the Prime Minister has submitted his resignation and thus the mandate of the Government ends.
The Prime Minister can justify his resignation in the National Assembly.
The provisions on the resignation of the Prime Minister shall apply accordingly to the resignation of the entire Government.
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