the 2019 inter-party dialogue was the introduction, for the first time, of a clear definition of
what a ‘public resource’ was: ‘“Public resource” means real estate, movable property, or any
other property that is owned publicly or otherwise and is used by a public authority of the
Republic of Serbia, an autonomous province, local government, public enterprise, business,
institution, or other organization owned or managed by the Republic of Serbia, an autonomous
province, or a local government’.62 Regardless of these changes, a segment of the public and
some opposition groups have persisted in their criticisms even after the new provisions were
used in the 2020 election, which suggests that additional review is needed of the statutory
framework designed to prevent abuse of public resources.
Amendments to the Public Enterprises Law made after agreement was reached in the 2019
talks between the government and opposition envisage that a managing director of a public
company is to be dismissed if they 1) use the resources of the public company, in particular its
premises, vehicles, and fixtures, without consideration, to promote a political party or political
group; (2) take actions to promote political parties or political groups or participate in an
election campaign during working hours; (3) exerts pressure on employees of or staff
otherwise engaged by the public company to support a political group or candidate in an
election; or (4) are aware that employees of or staff otherwise engaged by the public company
are using resources of the public company to promote a political party or political group or
exerting pressure on other employees of or staff otherwise engaged by the public company to
support a political group or candidate in an election and do not take actions they are required
to in order to prevent such behavior.
Submitting reports, control, and legal remedies
In general terms, complaints about political organizations’ financial reporting and
misuse of administrative resources are submitted to the ACA and this institution
can act sua sponte, since it has its own field monitoring capacity, amounting to 120 observers
in the 2020 election. Thereby in 2020, the ACA - acting sua sponte in a case against a political
organization - initiated a procedure to verify a breach of regulations and submitted a request
to initiate misdemeanor proceedings, as this political organization undertook activities in the
course of their electoral campaign that cannot be considered campaigning. Furthermore, the
ACA can issue warnings and initiate misdemeanor and criminal proceedings for
violations of the Law on Financing Political Activities, although ACA does not
prosecute directly in line with Article 7 of the Law on Prevention of Corruption, stipulating
that the law regulating general administrative procedure shall apply accordingly to any
procedure enforced by the ACA. ACA’s decisions can be appealed to the Administrative
Court that then takes an executive (final) decision.
The participants in an election are expected to submit annual financial reports to the ACA (for
regular operation) and within 30 days after verifying final results for an election campaign. Both
foreign and local observers list two flaws of existing regulations: firstly, there is no deadline
for the ACA to publish its report on campaign financing (hence the ACA published its last
62
Law on Prevention of Corruption, Official Gazette of the Republic of Serbia, Nos. 35/2019 and 88/2019.
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