appeal/judicial review. Serbian law also provides remedies in various types of disputes,
but their effectiveness is significantly reduced by inadequate implementation. This
conclusion is based on the issues explained above with safeguards as provided by electoral
commissions and, consequently, the Administrative Court, as well as the lack of power by
electoral commissions to act sua sponte when they identify violations. The exceptionally low
number of charges brought for criminal violations of electoral law in recent years was also
cited as an adverse influence on the effectiveness of dispute resolution and deployment of
remedies.9 In this context, sanctions for misdemeanors or criminal offences could be
reviewed (especially aggravated offences, which in this context means those committed by an
individual with authority over the electoral process) to assess their impact on deterrence.
Political parties, prosecutors’ offices and courts, the academic community, and legal experts
were polled to assess the extent to which: (1) decisions made by the relevant institutions
(REC, Administrative Court, ACA) existed in writing and were easily accessible to all parties;
(2) decisions made by the relevant institutions were duly justified and reasonable; (3) there
were effective remedies for various types of electoral disputes; and (4) existing remedies were
appropriately applied in practice.
Chart 3.2.3.1. Average agreement with statements on effectiveness (on a scale from 1 to 5)
3.11
2.94
3.16
2.22
Decisions made by the
Decisions made by the
There are effective remedies
relevant institutions (NEC, relevant institutions are duly for various types of electoral
Administrative Court, ACA)
justified and reasonable
disputes
exist in writing and are easily
accessible to all parties
Existing remedies are
appropriately applied in
practice
Table 3.2.3.1. Agreement and disagreement with statements about efficiency, absolute numbers
Disagree
Decisions made by the relevant institutions (REC, Administrative Court,
ACA) exist in writing and are easily accessible to all parties
Decisions made by the relevant institutions are duly justified and reasonable
There are effective remedies for various types of electoral disputes
Existing remedies are appropriately applied in practice
The findings revealed agreement with the above
conclusions, especially with the statements that decisions
made by the relevant institutions existed in writing and were
easily accessible to all parties (where 11 respondents
agreed) and that there were effective remedies for various
Neutral / No
answer
Agree
6
3
11
7
5
7
5
5
9
13
4
2
Inadequate application of existing
remedies was seen as having the
greatest impact on the effectiveness of
electoral justice.
This issue is discussed in greater detail in the chapter dealing with criminal violations of electoral law and operation of the
prosecution service.
9
16