This chapter summarizes compliance with international principles, whilst detailed explanations of the
statutory framework and procedures are provided, and issues and potential solutions identified,
elsewhere in this paper.
3.2.1. Fairness
Fair administration of justice includes the right to receive reasonable notice of a claim,
reasonable opportunity to prepare a defense, and the right to a fair and impartial fact-finding
process, hearing, and decision.
This principle is complied with only partially in Serbia due to several factors. Firstly,
the right to file objections is regulated broadly and appropriately, and is granted to all voters,
candidates, and entities proposing electoral lists. Objections are decided by electoral
commissions in the first instance, whilst the Administrative Court rules on appeals in the
second instance. Although complainants can be notified of proceedings before the Republic
Electoral Commissions (as this body’s deliberations are public), they are not informed of their
progress: the outcome of the ruling or decision is communicated only when it is served on
them or made public. This is because Serbian electoral disputes are treated as matters of
urgency, where time limits are exceptionally short. This jeopardizes adequate time to
prepare one’s defense and find facts, since local legal tradition and administrative dispute
laws do not allow public hearings, confrontation between parties, or presentation
of evidence. This mode of operation is justified by the need for actions in an election to be
fast, efficient, and prompt. Electoral commissions hearing objections have no investigative
powers or the ability to act ex officio in bringing action to safeguard electoral
rights. Instead, they rely on minutes of polling boards as the only indication of misconduct on
Election Day, which certainly questions the fairness of this process. In other words, this
arrangement means that the REC has to either reject or dismiss an objection made by a voter
claiming their electoral rights have been violated if no such allegation is contained in the
relevant polling board minutes. In the second instance, the Administrative Court relies on
documentation submitted to the court by the REC, and no additional fact-finding takes
place, once again due to the extremely tight deadlines. Conflicts of interest are also a major
consideration here, since the same body rules on objections against REC decisions or rulings.
Lastly, the greatest single factor affecting the fairness of the process is that the character
and composition of electoral commissions offer no guarantee of their impartiality
or independence.
The assessment of the fairness of Serbian electoral justice in the qualitative survey of the
community of experts looked at the extent to which: (1) electoral justice procedures and
provisions were clear and equally accessible to all; (2) existing procedures permitted the
collection and presentation of all evidence necessary to substantiate an objection or appeal;
(3) the Serbian electoral administration (the REC and local electoral commissions) resolved
electoral disputes brought by election stakeholders without discrimination and in compliance
with the law; (4) the Administrative Court and the Constitutional Court acted independently
and resolved electoral disputes brought by election stakeholders professionally and without
discrimination; and (5) institutions responsible for safeguarding electoral rights (the REC, local
10