The President of the Republic of Serbia can be legally removed from office through a process of dismissal due to a violation of the Constitution or by resignation [1] [2] [3]. This process is detailed in the Constitution of the Republic of Serbia and further elaborated in the Law on the President of the Republic [1] [2] [3].

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Dismissal Due to Constitutional Violation

The dismissal of the President for a constitutional violation is a multi-step process involving the National Assembly and the Constitutional Court [1] [2] [3] [4].

1. Initiation of Proceedings: The procedure for dismissal can be initiated by the National Assembly upon the proposal of at least one-third of the total number of National Assembly deputies [1] [2] [3] [4]. This proposal must be based on the belief that the President has violated the Constitution [1] [2] [4]. The act initiating the proceedings, which the President of the National Assembly submits to the Constitutional Court, must include the legal basis, the specific provisions of the Constitution that have been violated, and the evidence supporting the claim [4].

2. Constitutional Court's Role: Once the procedure is initiated, the Constitutional Court is obligated to decide whether the President has violated the Constitution within 45 days [1] [2] [3] [4]. If the Constitutional Court determines that the procedure for dismissal was initiated in accordance with the Constitution and the law, the act of initiating the procedure is sent to the President of the Republic for a response within a timeframe set by the Constitutional Court [4]. After the response period, the President of the Constitutional Court schedules a hearing, inviting both the President of the Republic and the President of the National Assembly [4]. The Constitutional Court's decision is limited to the constitutional violations specified in the National Assembly's act [4].

3. National Assembly's Decision: If the Constitutional Court rules that the President has violated the Constitution, the President is dismissed if at least two-thirds of the National Assembly deputies vote for their dismissal [1] [2] [3] [4]. If the Constitutional Court determines that the President has not violated the Constitution, the dismissal proceedings are suspended once the Constitutional Court's decision is published in the "Official Gazette of the Republic of Serbia" [1] [2] [3] [4]. The legal effect of the Constitutional Court's decision on a constitutional violation by the President is tied to the day it is delivered to the National Assembly [4]. The Constitutional Court will also suspend the proceedings if the National Assembly withdraws the act initiating the procedure or if the President's term ends during the process [4].

Resignation

The President's mandate can also end through resignation [1] [2] [3].

1. Submission of Resignation: The President of the Republic can submit a written resignation to the President of the National Assembly [1] [2] [3].

2. Cessation of Mandate: The President's mandate ceases the moment the resignation is received by the National Assembly [1] [2] [3]. The President is obliged to inform the public about their resignation and may provide an explanation for it [1] [2] [3].

Other Circumstances for Mandate Termination

The President's mandate also ends upon the expiration of the five-year term for which they were elected [1] [2] [3] [5]. However, if a state of war or emergency is declared, the President's mandate is extended until three months after the end of such a state [1] [2] [3]. During this extended period, the President retains all their powers and can still resign or be dismissed [1] [2] [3].

A person cannot be elected President more than twice, regardless of the duration of their previous terms [1] [2] [3] [5].

Temporary Incapacity and Succession

If the President resigns, is dismissed, or is otherwise prevented from performing their duties, the President of the National Assembly temporarily assumes the role for a maximum of three months [1] [2] [3] [5]. During this period, the acting President of the National Assembly is authorized to represent the Republic of Serbia domestically and internationally, receive and recall diplomatic credentials, call elections for the National Assembly, propose a candidate for Prime Minister to the National Assembly, exercise defense powers, and command the Serbian Armed Forces [1] [2] [3]. The acting President of the National Assembly is also obliged to dissolve the National Assembly in cases where it is a constitutional duty of the President of the Republic and to promulgate every adopted law by decree [1] [2] [3].

Elections for a new President must be held within 60 days of the President's mandate ending prematurely [5].

Immunity

The President of the Republic enjoys immunity similar to that of a National Assembly deputy [1] [2] [3] [5]. The National Assembly decides on the President's immunity by a majority vote of all deputies [1] [2] [3].

Relationship with Other State Bodies

The President's relationship with other state bodies, such as the National Assembly and the Government, is based on cooperation and information exchange, in accordance with the Constitution and laws [1] [2] [3] [6]. The National Assembly and the Government are obliged to inform the President about matters within their jurisdiction that are relevant to the President's duties, upon request [1] [2] [3]. Similarly, the President informs the National Assembly or the Government about matters within their jurisdiction that are relevant to the exercise of the National Assembly's or Government's powers, upon their request [1] [2] [3].

Legal Acts of the President

The President issues various legal acts, including decrees, decisions, rules, orders, and other legal acts defined by law [1] [2] [3].

• Decrees are used to promulgate laws, dissolve the National Assembly, appoint and recall ambassadors, grant decorations, and appoint, promote, and dismiss officers of the Serbian Armed Forces [1] [2] [3].
• Decisions are used to call elections for National Assembly deputies, propose candidates for Prime Minister, grant pardons, appoint the Secretary-General of the President's Office, the Head of the President's Cabinet, presidential advisors, and other officials within the President's General Secretariat, and decide on matters for which other legal acts are not issued [1] [2] [3].
• Powers in the field of defense are exercised through decisions, rules, orders, and other legal acts as defined by law [1] [2] [3].

Most decrees and decisions are published in the "Official Gazette of the Republic of Serbia," with exceptions for certain military appointments [1] [2] [3].

Post-Mandate Rights

A former President of the Republic has certain rights after their mandate ends, including the honorary title "former President of the Republic" and the right to attend state ceremonies [1] [2] [3]. They are also entitled to a salary compensation for up to six months, or longer if they have not yet met pension requirements, and may receive a special monthly payment if their new salary or pension is less than 80% of the President's salary [1] [2] [3]. Former Presidents also have the right to an office, an advisor, a secretary, and an official car with a driver for a period equal to their presidential mandate [1] [2] [3]. Security is provided by the police and the Serbian Armed Forces for one year after the mandate ends, with the possibility of extension [1] [2] [3]. They also have the right to a diplomatic passport and access to archives from their time in office [1] [2] [3]. However, a President who has been dismissed generally loses these rights, unless the National Assembly decides otherwise in the dismissal decision [1] [2] [3].

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