any action that jeopardizes electoral rights: just as the LEMP, the Local Elections Law
stipulates that ‘[n]o one may, on any grounds whatsoever, prevent a person from voting or
force them to vote, hold them to account for having voted, or require them to declare who
they voted for or why they did not vote’ (Article 3, Local Elections Law).
According to the Law on the Single Electoral Register,16 the
comprehensive electoral register contains the
Transparency would be
promoted if current rules were
integrated record of Serbian nationals who have suffrage.
applied and extracts from the
The government set up this single record on the eve of the
electoral register were made
publicly available by all local
2012 election. The electoral register is maintained by the
authorities. Doing so would also
ministry responsible for public administration according to
allow voters who are not
the rules of administrative proceedings, and authorities’
registered or whose details in
the register are inaccurate to
decisions about the register may be contested before the
apply for registration or seek
Administrative Court. Article 14 of this law requires the
corrections.
municipal or city administration charged with updating the
electoral register for the local authority area to publicly
display the extract from the electoral register for that local authority area once an
election has been called, and to advertise this fact in the media. However, monitoring missions
have for years warned of the underutilization of this arrangement, with the public insufficiently
aware of this option.
The set of electoral laws and the Law on the Single Electoral Register provide ‘substantive and
procedural regulation’ of elections, and spell out the rules of ‘electoral mathematics and
electoral techniques’.17 Moreover, some electoral rules are contained in regulatory
enactments of the REC. The frequent changes to these regulations have prompted Serbian
and foreign monitoring missions to recommend that all issues that are not technical in nature
should be moved into primary legislation, whilst secondary legislation (instructions, rulebooks,
calendars) should only be used to regulate technical aspects.
4.1.2. Electoral dispute resolution: bodies and procedures
4.1.2.1. Republic Electoral Commission
Character and composition of electoral administration bodies
A special electoral administration is created to oversee Serbian elections. Experts disagree
as to the legal nature of bodies that constitute the electoral administration. Some
see them as public authorities sui generis, whilst others believe the electoral administration
bodies are separate sub-units of executive bodies.18 A third possible perspective views
these bodies as quasi-judicial in that they rule on the rights of individual members of the
public.
Law on the Single Electoral Register, Official Gazette of the Republic of Serbia, Nos. 104/2009 and 99/2011.
Maja Nastić, Izborna pravila u Srbiji i evropski standardi: opšte pravo glasa, Zbornik radova Pravnog fakulteta u Nišu, broj
69, godina 53, 2014, p. 192.
18 Dejan Milenković, Organi nadležni za sprovođenje izbora – pojam i oblici izborne administracije (uprave) u Srbiji, Zbornik
Izbori u domaćem i stranom pravu, Institut za uporedno pravo, Beograd, 2012, p. 182.
16
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