3.2.2. Efficiency
The efficient administration of justice includes the requirement for an expeditious process,
with reasonable deadlines for filing and disposition of different types of electoral disputes and
complaints.
The current legislative framework stipulates very restrictive and short time limits for both
lodging objections and/or appeals and ruling on them in both the first and the second instance.
Objections must be lodged with the REC within 24 hours from the time a violation is
committed, whilst local electoral commissions receive objections within 24 hours from the
end of the calendar day on which the violation was committed. Even though these bodies
act highly efficiently, thereby complying with the requirement for quick proceedings,
it seems that they do so at the expense of fairness, since such short time limits make it
difficult to gain understanding of the alleged violations and breaches and nearly
impossible to secure evidence substantiating allegations made in objections.
Hence, time limits for filing objections could be defined subjectively, for instance as
‘24 hours from learning of a violation or breach’, and alignment of time limits at
various levels should also be considered. Both the REC and local commissions have 48
hours to rule on an objection, and their ruling is then served on all parties. If an objection is
upheld, the relevant decision or action is declared null and void, and if a commission does not
deliver a ruling, the objection is deemed to be upheld. Time limits for appealing are short,
amounting to 48 hours, and appeals are lodged via the REC, which must forward the
objection and the required case files to the Administrative Court within 24 hours of receiving
an appeal. The Administrative Court must rule on an appeal within 48 hours of
receiving it and the relevant case files. This ruling cannot be contested by
extraordinary legal remedies envisaged by the General Administrative Procedure Law. In
practice, there is no simple system to file objections, especially since objections alleging
violations at the local, provincial, and local level all follow different time limits and different
procedures for filing.
As such, the principle of efficiency is fully complied with in terms of the speed of
proceedings, but there are shortcomings when it comes to appropriate time limits for
filing objections.
The assessment of the efficiency of electoral justice in Serbia in the qualitative survey
of the community of experts looked at the extent to which: (1) time limits for filing
objections with the REC were reasonable and well-regulated; (2) time limits for lodging appeals
with the Administrative Court were reasonable and well-regulated; (3) time limits for ruling
on objections/appeals were, in general, excessively short to allow their merits to be properly
examined and for the institutions (REC, Administrative Court) to make equitable decisions;
(4) a system that facilitated easy filing of complaints existed and was easy to use.
13