ПРОМУЛГАЦИЈА ЗАКОНА И СУСПЕНЗИВНИВЕТО ПРЕДСЈЕДНИКА РЕПУБЛИКЕ У ДРЖАВАМА,БИВШИМ ЈУГОСЛОВЕНСКИМ РЕПУБЛИКАМА
PROMULSION OF LAWS AND SUSPENSIONAL VETO OF THE PRESIDENT OF THE REPUBLIC IN THE COUNTRIES OF THE FORMER YUGOSLAV REPUBLICS

Summary/Abstract: Promulgation of the law is the final part of the legislative procedure, followed by its publication and application. The right of the president of the republic not to declare the proposed law passed by the parliament, but to return it for reconsideration or to ask for a preliminary evaluation of the constitutionality (suspension veto) contains a number of aspects related to the head of state and to the parliament, which show differences in comparative law solutions. In this paper, the author will analyze these two institutes in the constitutional systems of the former Yugoslav republics. The aim of the work is to shed light on the promulgation of laws and the suspensive veto in a theoretical sense, as well as in the constitutional theory and practice of the countries of the former Yugoslavia, to notice similarities and differences, to point out the shortcomings of the regulation of these two institutes in the analyzed countries. The author advocates the thesis that the promulgation of the law and the suspensive veto are interconnected, that the act of promulgation cannot be separated from the authority of the suspensive veto. Namely, in constitutional systems that do not know the institution of the suspensive veto (Slovenia, Croatia), the adoption of an act on the promulgation of a law is an obligation of the president of the republic, the non-execution of which is a violation of the constitution, while the existence of the suspensive veto of the president of the republic (Serbia, Montenegro, Macedonia, Republika Srpska) on laws adopted in parliament, the obligation to promulgate becomes relative. By using the authority of the suspensive veto, the president of the republic prevents the promulgation of the law, and whether it will happen at all later depends on the decision of another authority. The author concludes that promulgation is sometimes a right and sometimes an obligation of the president of the republic, and that the suspensive veto represents the right (authorization) of the president to conditionally waive the promulgation of the law until another authority declares the final fate of the disputed act.

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