Mr. President,
I am addressing you on the occasion of Your participation in electoral lists for announced local elections.
I understand the goal that motivates this decision - and it is the same as the goal of your various predecessors in that position - a goal that boils down to the desire to stay in power, regardless of the means used. However, it is extremely important to consider the perceptual consequences of such moves impartiality and independence of the office of the President of the Republic of Serbia, as well as democracy in our country.
Your participation in electoral lists is a violation of the principle of separation of powers, in this case the separation of executive and legislative powers. Separation of powers is the basic principle on which our democracy rests, where each branch of government must remain independent to avoid any possibility of abuse of power. The Constitution of the Republic of Serbia clearly defines the powers of the president in relation to the parliament, including the ability to call elections and the right to veto laws adopted by the parliament. This is one of the reasons why the Constitution of the Republic of Serbia requires the president to be placed above the daily political struggles and to act as a guardian of the state's stability.
On the other hand, when the President of the Republic of Serbia puts his name on the electoral list of one of the parliamentary parties, it automatically represents a service that the President provided to that party, and not just a political tactic or strategy. This act can significantly increase that option's electoral prospects, especially if the president enjoys wider popularity than the party or coalition on whose list his name appears. However, in this way, the president's impartiality is called into question, and the supported party is put in a position to feel indebted to the president.
This mutual relationship can affect the objectivity and independence of the parliament, especially when it comes to the constitutional powers that the parliament has over the president. One of the key powers of the National Assembly is the possibility of dismissing the president under certain conditions, such as violation of the Constitution or the law. If MPs perceive the president as a person who personally contributed to their electoral success, they may be less inclined to use their power of dismissal, even if it would be justified by the specific actions of the president. This can weaken the principle of mutual checks and balances, which is crucial for the preservation of democratic order and the rule of law.
In addition to the issue of the separation of powers, by putting your name on the ballot while serving as president and the accompanying official campaign, you directly enter into a conflict of interest. During your presidential term, you are expected to represent all citizens, impartially and outside the framework of political parties. Placing your name on the election lists of a party or coalition sends a message that it is appropriate to use the presidential office to promote specific political goals, which are driven by the party, and not by the general interests of all its citizens.
It is also important to note that, according to the urgent fourth recommendation of the ODIHR, it is necessary to avoid any form of official campaign in order to ensure that all candidates in the elections are equal and to avoid misuse of state resources for political purposes. The finding of the ODIHR mission is that "even though President Vučić was not a candidate in these elections, he took a leading role in campaign activities and was constantly present at SNS events, appearing on television and on billboards, which gave his party an unjustified advantage." Consenting to your name appearing on the election lists again threatens the fairness of the election process and unjustifiably favors the political option that you support in this way.
I appeal to you to consider all the above arguments and to reconsider your decision to participate in the elections by giving consent for the use of your name in the name of the electoral lists.
The decision to withdraw from electoral lists would not only be in line with constitutional principles and international recommendations, but would also send a strong signal of commitment to the principles of fair and free elections. It is important to emphasize that with such a decision you would set an important precedent for all future presidents and clearly indicate the harmfulness of the practice that was present before.
In the end, in order to ensure a fair and free electoral climate, which the state of Serbia has committed to in the last few months, the key lies in one thing: existence of political will. For this specific decision, political will is sufficient. Additionally, but no less important, this decision will also be an indicator that other measures and steps aimed at ensuring fair and free elections will not remain a dead letter.
I hope that you will make a decision with full awareness of the long-term consequences that your participation in the electoral lists at this moment could have on the current political crisis and the future of democracy in Serbia.
With respect,
Maja Stojanović, Civic Initiatives
