General Administrative Procedure Law and the remedies it provides. In one ruling, the
Administrative Court unambiguously confirmed this view, holding that ‘in electoral disputes
the remedies envisaged in administrative proceedings cannot be used’.42
Individuals and organisations with experience of electoral disputes
heard by the Administrative Court have noted the need to
extend time limits for appealing.43 Any extension should be
considered as a means of enhancing the effectiveness of
remedies, but this ought to be balanced by the need to avoid
jeopardizing the effectiveness of elections as a whole.
Consider extending time
limits for appealing to
enhance the effectiveness
of remedies.
Time limits and procedures: provincial and local elections
Remedies against decisions of the Provincial Electoral Commission follow slightly different
rules. These decisions may be appealed with the relevant court.44 Case law has determined
that the ‘relevant court’ is here the Administrative Court. Judicial relief can be sought only
against rulings made by the Provincial Electoral Commission on objections. This
means that no appeal can be lodged for the Provincial Electoral Commission’s failure to make
a decision.45
Attention should be drawn to a key difference in
the electoral dispute resolution process at the
local level vs the national and provincial.
Judicial relief in local elections is governed by the
Local Elections Law, which differs from the LEMP in
that it requires appeals to be lodged directly with the Administrative Court. If the
appeal seeks to contest a decision of a local legislature, the Local Elections Law does not
require a previous objection for the appeal to be admissible. The Law also provides for a
time limit for appealing of 24 hours from service of decision,46 whilst the local electoral
commission is required to forward all required information and documents to the Court
promptly, and at the latest within 12 hours.47 In cases related to local elections, the
Administrative Court has the legal right to employ the ‘full jurisdiction dispute’
approach, which in effect means it can resolve the underlying issue from the remit
of the electoral commission.48 The Local Elections Law limits the extent of judicial relief
available: a motion for new trial may not be made after a final court judgment is delivered in a
Time limits in the administration of electoral
justice ought to be aligned, in particular
given the frequency of local and
parliamentary elections held on the same
date.
With regard to the use of remedies, the Administrative Court has asserted that ‘the complainant is unjustified in
referencing Article 257 of the General Administrative Procedure Law, since, in the view of the Court, provisions of the
General Administrative Procedure Law that envisage remedies in administrative proceedings may not apply mutatis mutandis
to election disputes’. Judgment of the Administrative Court No. Už 217/16 of 9 April 2016.
43 Recommendations made by monitoring missions of CeSID, CRTA, and the ODIHR following the 2020 elections.
44, Decision on the Election of Members of the Legislature of the Autonomous Province of Vojvodina, Official Gazette of the
Autonomous Province of Vojvodina, No. 23/14.
45 Legal opinion adopted at the 58th plenary meeting of the Administrative Court on 29 February 2016.
46 Unlike in parliamentary elections, where the time limit is 48 hours from receipt of decision.
47 Unlike in parliamentary elections, where the time limit is 24 hours from receipt of appeal.
48 Dejan Vučetić i Dejan Milenković, Zaštita izbornog prava u upravnom sporu, u: Kako, koga i zašto smo birali, Izbori u
Srbiji 1990-2020. godine (2020), prir. Milan Jovanović i Dušan Vučićević, Institut za političke studije i Službeni glasnik,
Beograd (Zbornik radova sa naučne konferencije)
42
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