Branko M. Rakić

IS THE PARTICIPATION OF THE PRESIDENT OF THE REPUBLIC OF SERBIA ALLOWED IN THE ELECTION CAMPAIGN FOR PARLIAMENTARY ELECTIONS

The purpose of introducing public official’s campaigns into election legislation is to ensure equal chances for all participants in the election process while respecting the principles of fair and free elections. One of the most common dilemmas regarding this issue is related to the participation of the President of the Republic in the election campaign. The question arises whether the head of state, who is the “president of all citizens” has the right to participate in activities during the election campaign that are aimed at supporting a specific political option and promoting its ideas and candidates, and which serve the purpose of achieving the political goals of a particular political party, coalition, or its candidates. Additionally, whether this participation calls into question the impartiality and integrity of the elections and violates the rules of election legislation. The authors analyzes existing domestic regulations related to this matter, as well as international documents that address issues significant to the rights of individuals as citizens in exercising their human rights, including those related to elections. Moreover, the authors have served as members of the Supervisory Committee for the election campaign, elected by the National Assembly of Serbia, in several election processes (elections in 2020, 2022, and 2023), and therefore, they also examine this issue through the practice of the Supervisory Committee during the election process.