electoral commissions, the ACA, the courts) reject legitimate objections on procedural
grounds.
Members of the community of experts reported that fairness in resolving electoral
disputes in Serbia was not satisfactory for several reasons. Firstly, the root of the
problem lay in the institutional design and legislative framework, neither of which
allowed the electoral administration to act in accordance with best global practice. The
respondents highlighted the marked political slant of the REC and local electoral commissions,
their composition, and ‘provisional’ character, which is why decisions were often made under
strong political influence, and this affected the fairness of the process. Another related problem
noted by the interviewees was the lack of professional, civil, and criminal liability of
electoral administrators (especially polling board members), which frequently led to decisions
and actions not following the principles of professionalism, fairness, and non-discrimination.
Also mentioned were the poor and inconsistent legislation and the frequently narrow
interpretation of standards and rules by the electoral administration, which often leads
to appropriate protection for active or passive suffrage not being provided for purely
procedural reasons. (A total of 14 of the 19 respondents agreed with this statement.)
These findings were borne out by the quantitative indicators found in the stakeholder
assessment: an absolute majority (11 of the 19) of those polled disagreed with each of the
first four statements on the fairness of electoral justice, whilst 2 to 6 respondents
agreed, depending on statement (see Table 3.2.1.1).
Chart 3.2.1.1. Average agreement with statements on fairness (on a scale from 1 to 5)
4
2.57
2.26
2.36
2.68
Electoral justice
Existing procedures allow
Serbian electoral
The Administrative Court Electoral justice institutions
procedures and provisions all evidence required to administration (NEC, city and Constitutional Court
(NEC, local electoral
are clear and equally
substantiate an objection or and municipal electoral
act impartially and
commissions, ACA, courts)
accessible to all (political appeal to be collected and commissions) adjudicates
adjudicate electoral
reject legitimate objections
parties and voters)
presented
electoral disputes brought
disputes brought by
on procedural grounds
by election stakeholders
election stakeholders
without discrimination and professionally and without
pursuant to law
discrimination
The least agreement (2 respondents) was found for the statement that ‘existing procedures
allow all evidence required to substantiate an objection or appeal to be collected and
presented’, but interpretation here requires some local context. According to one of the legal
experts, the ability to present evidence was constrained by the urgent nature of electoral
11