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

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