In accordance with the LEMP, Serbia is one single constituency. This fact has shaped the
electoral administration, which is, for parliamentary elections, comprised of the
REC and polling boards. The LEMP stipulates that the REC and polling boards enjoy
operational autonomy and independence, and that they are accountable to the authorities that
appoint them. The National Assembly appoints the REC, which in turn appoints polling boards,
at the latest ten days before Election Day. The same piece of legislation requires polling boards
to be comprised of a president and at least two members,19 with this core make-up extended
to include one representative of each entity contesting the election.
The REC could be said to have political accountability, as it reports to Parliament,
where political considerations trump expertise. The selection of core and
extended polling board members seems to show these bodies are also predominantly
political in character. However, it is worth noting that polling boards are also tasked with
scrutinizing the lawfulness of the electoral process. For polling boards to be able to exercise
this oversight of elections (ensuring the lawfulness and secrecy of the ballot and determining
the results of the voting at the polling station) requires them to be plural, so that, even though
boards are political in nature, their extended memberships – which are plural in a political
sense – benefits the oversight function. In that sense, polling boards have political
accountability, but their members may be said to also possess professional
accountability to some extent, as polling boards report to the REC, which is comprised
of legal professionals20 and so should be expected to use professional reasoning in its
deliberations.
Even though the REC is partly a professional body on account of its composition, some authors
have accurately observed that parliamentary practice in selecting this body’s core
members has a decisive impact on its nature. Tried and tested ‘party cadres’21 are
appointed to the Commission, and seasoned party officers are ‘delegated’ to serve on the REC
as representatives of parties and groups contesting the election, making it primarily a political
entity.
Clearly, the political affiliation of REC members is at
odds with the statutory provision whereby the
The political affiliation of REC
members is at odds with the
Commission is envisaged as independent and
statutory provision whereby the
autonomous. If the way in which a body’s complement is
Commission is envisaged as
independent and autonomous.
appointed does not ensure independence and
autonomy, but, rather, perpetuates political influence, any
declared impartiality remains a dead letter. Being packed with proven political appointees who
serve relatively short terms in office (of four years), the REC certainly fits the description of
an entity that is neither independent nor autonomous. Lastly, international standards call
for an independent arbiter of electoral disputes to head the electoral
Presidents and members of polling boards have substitutes.
According to Article 33 of the LEMP, holding a law degree is a precondition for serving on the NEC.
21 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. 193.
19
20
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