Home > 6.3 Constitution of the list of candidates > SERBIA - Joint opinion on the constitutional and legal framework governing the functioning of democratic institutions - Electoral law and electoral administration
 
 
 
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Paragraph 156
 

Serbia has a history of strong party control over MPs. Until 2003, the Election of Members of Parliament Act provided that the mandate of an elected MP would expire if the person ceased to be a member of the political party or coalition for which list the candidate was elected. This provision was struck down by the Constitutional Court of Serbia as unconstitutional, as MPs held their mandate from the people and not the party. In 2016, the ECtHR considered the resignation of MPs in Serbia in relation to Article 3 of Protocol No. 1 to the ECHR. In that case, the political party of which the MP was a member had required its MPs to write resignation letters in advance and submit these to the party. When a political party later submitted a letter of resignation against the MP’s will, the ECtHR found that this practice was in breach of the law. In the current law, the resignation of MPs is regulated in Article 132. A resignation shall be submitted in writing, have a certified signature, and be submitted in person to the National Assembly within three days from the day of the certification of the signature. Since signatures for resignation are valid only for three days, and the letter of resignation must be delivered in person, this appears to be a positive attempt to introduce formal safeguards to ensure that an MP’s resignation was made bona fide.