IZVRŠNA VLAST NA OSNOVU USTAVA SFRJ IZ 1974. GODINE

Abstract

According to the Constitution of the SFRY, the assembly system of government was implemented more consistently than it was done by the Constitution of the SFRY from 1963. From the organs of the executive power, the organs from the Constitution of 1963 have been retained in this Constitution, that is, the President of the Republic and the Federal Executive Council, with the fact that the institution of the presidency from Amendment XXXVI to the Constitution of Yugoslavia from 1971 has been taken over. The presidency can be seen as a collegial head of state and as a separate federal body. The reason for the establishment of this body should be sought in the multinational character of the then Yugoslav federation and as noted in the theory at the time "in the need to create an institutional path to bridge the difficulties and dilemmas related to the so-called legacy of the first president of the Republic". In the paper, all aspects of the presidency's position as a body that takes care of preserving the "federal balance" are dealt with. It was pointed out that the presidency was more an organ of six republics and two autonomous provinces than an organ of the SFRY Assembly. By the way, amendment XXXVII from 1971 provided for the solution that in addition to the presidency, the president of the Republic is also elected under the following conditions: 1. that the candidate for this position, that is, its holder, is Josip Broz Tito; 2. that there is a proposal for assemblies of republics and autonomous provinces. In this sense, the Constitution of the SFRY provided for the existence of a President of the Republic with a so-called lifetime mandate. Such a constitutional solution met with sharp criticism in the paper. In connection with the position and role of the Federal Executive Council in the Constitution of 1974, there is no significant distinction from the provisions of the Constitutional Law of 1953 and the Constitution of 1963. In the Constitution of the SFRY from 1974, it was explicitly stated that "the executive body is the Assembly of the SFRY". Finally, in the conclusion of the work, a review was given of the scope of the constitutional provisions on the organization of the executive power from 1974.