4.2.2.1. Administration of justice process before REC and the Administrative Court85 The entire election process was encumbered with a number of complaints – after obtaining insight into the website of the REC86, it is estimated that the total number of complaints is approximately 6,000, which is a precedent in electoral practices. Of all 6,000 complaints only three were adopted, and all others were denied, rejected, or suspended87. In the first portion of the election process, the bulk of the complaints 909 complaints (not less than two and a half thousand) was declared against the were rejected in Decision to continue with election activities (adopted 11 May), and two sessions of the they were all rejected as untimely, in line with regulations and REC on 9 June procedures. Considering that identical complaints were coming in 2020. simultaneously from different sources and based on the same factual situations, the REC decided to combine them all into a single procedure and rule on them together, rather than individually. Hence, for example, 909 complaints were rejected in two sessions on 9 June. Apart from the so-called complaint pandemic, in one case One candidate list was not REC caused legal uncertainty in terms of protecting the registered because most REC passive suffrage, i.e. The right to stand for election, members did not vote for its considering one candidate list was not registered registration although it although it met all legal requirements. Namely, the complied with all legal requirements. The majority of decision to register candidate list Pokret Levijatan – Živim za members voted in favour of Srbiju, (Leviathan movement - Living for Serbia) was rejected registration when deciding on at 144th session of the REC, although they rectified all the complaint. previously perceived shortcomings in a timely manner. An insufficient number of REC members voted to register the list: 18 was needed for a majority vote and 15 members of 23 present voted in favor of the registration. Since it is regulated, that bodies conducting the election shall decide by majority vote in the core or extended membership88 and that the motion shall be rejected if it does not receive the required majority vote89, the decision to register was rejected. Right after the rejection the submitter of the candidate list lodged a complaint with the Republic Electoral Commission, after which the candidate list Pokret Levijatan – Živim za Srbiju, was indeed registered, but this situation opened an avenue for criticism against the REC because of the possibility of arbitrary decision-making in situations that are legally completely clear and unambiguous. Simultaneously, this also opened the issue of a possible conflict of interest, CeSID findings: Around the June 2021 elections: cesid.rs/wp-content/uploads/2020/12/Oko-izbora-21.pdf. Sections on the website: Decisions on complaints, session broadcasts, information on sessions held Complaints that the observers were familiarised with via email over the several previous electronic sessions were also analyzed in addition to the NEC website. 87 Procedures were suspended in cases of complaints against the operation of polling boards that were disbanded by the Republic Electoral Commission, ordering a new vote. 88 Article 29 para 3 of the Law on the Election of Members of Parliament, Official Gazette of the Republic of Serbia, No. 35/2000, 57/2003 - CCRS ruling, 72/2003 - oth. law, 75/2003 - oth. law amended, 18/2004, 101/2005 - oth. law, 85/2005 - oth. law, 28/2011 - CC ruling, 36/2011, 104/2009 - oth. law, 12/2020 and 68/2020. Available at: https://www.paragraf.rs/propisi/zakon_o_izboru_narodnih_poslanika.html 89 Article 21 para 6 of the Rulebook of the Republic Electoral Commission, Official Gazette of the Republic of Serbia, No. 48/2020. Available at: http://www.pravno-informacioni-sistem.rs/SlGlasnikPortal/eli/rep/sgrs/izbornakomisija/odluka/2020/92/1 85 86 53