constrains its ability to administer electoral justice. This provision ought to be reassessed in any future review of electoral law to consider allowing the REC to independently
examine violations without having to rely on objections.27
The REC and the courts have weighed in on the extent of voters’ rights to object in the
electoral process. Here, the Supreme Court of Serbia has held that all entities proposing
electoral lists may object, rather than only entities whose electoral lists have been accepted
with legal finality.28 Local units of a political party that has proposed an electoral list may not
object except unless explicitly empowered to do so by the entity proposing the electoral list.29
Time limits for filing objections
In parliamentary and presidential elections, the
24-hour time limit for filing objections
begins to run immediately after the
adoption of a decision, performance of an
action, or failure to act deemed by the
complainant to be an infringement of the
rules. The Administrative Court has held that
the time of learning about an alleged infringement that gives rise to an objection has no
bearing on the limit for objecting (of 24 hours).30 By contrast, the Local Elections Law
adopts a different approach: according to this piece of legislation, an objection due to an
infringement in connection with the nomination of candidates, administration of
an election, and determination and publication of election results, must be filed
within 24 hours of the day on which the decision was taken or the action
performed or omitted. This means that the period begins to run at the end of the calendar
day on which the infringement takes place.31 Lastly, the Decision on the Election of Members
of the Legislature of the Autonomous Province of Vojvodina stipulates that objections are to
be filed within 24 hours of the adoption of the decision or performance or omission of
an action deemed by the complainant to be an infringement, and this provision is interpreted
in the same way as the wording of the LEMP.
Consideration should be given to aligning the
LEMP, the Local Elections Law, and the Decision
on the Election of Members of the Legislature of
the Autonomous Province of Vojvodina to ensure
time limits in electoral disputes are identical. This
issue is particularly important when elections at
multiple levels are held at the same time.
The primary problem with such short statutory time
limits for exercising remedies could be that the brief
time allotted makes it difficult to fully grasp the
nature of the infringement and nearly
impossible to secure evidence to substantiate
the alleged infringement or omission. Hence,
subjective time limits for objecting could be
considered, such as 24 hours from learning of
Consider introducing subjective time
limits, such as 24 hours from
learning of an infringement or
omission. In the interests of efficiency,
objective, preclusive time limits could
also be contemplated.
This issue will be discussed in greater detail below.
Legal opinion adopted by the Administrative Division of the Supreme Court of Serbia on 17 September 2020.
29 Judgment of the Administrative Court Už 230/16 of 22 April 2016.
30 Judgment of the Administrative Court Už 35/17 of 13 April 2017.
31 Legal opinion adopted by a meeting of all judges of the Administrative Court on 29 February 2016.
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