proceedings, the practical unenforceability of this principle in the Serbian context,
and the likelihood of abuse of the right to object.
The Chart above shows the average scores for each statement, and the following table
disaggregates respondents by agreement with the statements.
Table 3.2.1.1. Agreement and disagreement with statements about fairness, absolute numbers
Disagree
Neutral / No
answer
Agree
Electoral justice procedures and provisions are clear and equally accessible to all
(political parties and voters)
11
2
6
Existing procedures allow all evidence required to substantiate an objection or
appeal to be collected and presented
11
6
2
Serbian electoral administration (REC, city and municipal electoral commissions)
adjudicates electoral disputes brought by election stakeholders without
discrimination and pursuant to law
11
4
4
The Administrative Court and Constitutional Court act impartially and
adjudicate electoral disputes brought by election stakeholders professionally and
without discrimination
11
2
6
Electoral justice institutions (REC, local electoral commissions, ACA, courts)
reject legitimate objections on procedural grounds6
1
4
14
To enhance fairness of the electoral justice process, the respondents recommended
amendments to legislation, especially insofar as it concerned standing to lodge objections,
procedures, and accountability for non-compliance with global principles. Suggestions include
introducing additional mechanisms for monitoring the electoral administration that would
be authorized to advise or make recommendations to the authorities to ensure fairness of the
electoral justice process. Finally, the need was also identified to deliver broad-based
education and awareness-raising about the importance of complying with the principle of
fairness: (1) enhancing voter awareness of the body of electoral law and the processes that
can be used to safeguard electoral rights to prevent their (often) unwitting participation in
election fraud; (2) training political parties in electoral dispute resolution; and (3) specific
training for members of local electoral commissions to ensure greater professionalism and
consistency.
‘The need was identified for broad-based education and awareness-raising about the importance of complying with
the principle of fairness: (1) enhancing voter awareness of the body of electoral law and the processes that can be
used to safeguard electoral rights to prevent their (often) unwitting participation in election fraud; (2) training
political parties in electoral dispute resolution; and (3) specific training for members of local electoral commissions
to ensure greater professionalism and consistency.’
Respondent, political party officer
6
Negatively worded statement.
12