Serbia’s Ministry of Justice has rejected criticism questioning the constitutionality of pardons granted by former President Aleksandar Vučić, arguing that the power to issue pardons is an explicit constitutional authority of the head of state.
In a statement issued on Thursday, the ministry said presidential clemency is a constitutional and legal institution that allows the president to grant pardons, including exemption from criminal prosecution, as expressly provided for under Article 110 of Serbia’s Criminal Code.
“The constitutional authority of the president exists independently of which individual holds the office,” the ministry said.
It added that proposals to amend the Constitution or the legal framework governing pardons are legitimate contributions to public and professional debate. However, the ministry argued that calls for different rules in the future do not, by themselves, mean that the current legal framework is unconstitutional or that decisions made under it are unlawful.
The ministry also cited the practice of previous Serbian presidents since the adoption of the 2006 Constitution.
According to the statement, Boris Tadić, Tomislav Nikolić and Aleksandar Vučić all exercised the presidential power to grant pardons during their respective terms.
The ministry said that pardon decisions, along with personal and other related information, had not been published in the Official Gazette or on the websites of the presidency and the Justice Ministry before being forwarded to the competent judicial authorities.
“The constitutionality and legality of decisions are assessed on the basis of the Constitution, the law and the specific facts of each case,” the statement said.
The ministry provided figures showing that Tadić issued 197 pardon decisions during his presidency, Nikolić issued 105, and Vučić issued 78 over his two terms in office.
The statement comes amid public debate over the legal basis and transparency of presidential pardons granted under Vučić.
