as part of Serbia’s efforts to join the European mainstream. Despite these endeavors, electoral theory and law are yet to eliminate all shortcomings of this process that are often highlighted by both national and foreign observers and election stakeholders. Inadequate fairness, efficiency, effectiveness, and transparency of electoral justice are among the key shortcomings of this process. 4.1.1. Current legal framework In addition to systemic violations of media freedoms and inequality between governing and opposition parties that severely curtail the capacity of opposition groups and their electoral results, polls are significantly affected by various legal rules. As such, this section will briefly summaries the legislative framework for administering elections. Article 2 of the Constitution of Serbia stipulates that ‘[s]overeignty is vested in citizens who exercise it through referendums, people’s initiative and freely elected representatives’, and that ‘[n]o state body, political organization, group or individual may usurp the sovereignty from the citizens, nor establish government against freely expressed will of the citizens.’ The chapter of the Constitution on human rights and liberties states that suffrage is universal and equally available to all, and that elections are free and direct, with votes cast in person by secret ballot. The country’s highest legal document also guarantees active and passive suffrage and stipulates electoral rights are to be protected by law. The most important and most comprehensive piece of electoral legislation is the Law on the Election of To comprehensively protect active 11 suffrage, it would be useful to Members of Parliament (LEMP) which governs amend Article 2[2] of the Law to parliamentary elections but whose provisions also apply to prohibit political activists from other polls as well. The Constitutional guarantee of universal inviting voters to turn out and vote suffrage is in practice restricted as only adult individuals with on Election Day. contractual capacity have the right to vote. This limitation is governed by the LEMP, which stipulates that Serbian nationals who are underage or deprived of contractual capacity do not have suffrage. The LEMP also introduces safeguards for electoral rights in an election by prohibiting any form of pressure on voters, calling voters to account for having voted, and threats to ballot secrecy (Article 2[2]). To comprehensively protect active suffrage, it would be useful to amend Article 2[2] of the Law to prohibit political activists from inviting voters to turn out and vote on Election Day. Being telephoned or otherwise contacted in person on Election Day and invited to vote for a particular electoral list is highly likely to be perceived as pressure by the average voter and may give the impression that the voter’s freedom of choice and ballot secrecy are both threatened. Passive suffrage is regulated through rules that govern how individuals can stand for election to Parliament. Candidates for election to Parliament may be nominated by political parties, Law on the Election of Members of Parliament, Official Gazette of the Republic of Serbia, Nos. 35/2000, 57/2003 – Constitutional Court Ruling, 72/2003 – Other Law, 75/2003 – Other Law-Corrigendum, 18/2004, 101/2005 – Other Law, 85/2005 - Other Law, 28/2011 – Constitutional Court Ruling, 36/2011, 104/2009 – Other Law, 12/2020, and 68/2020. 11 21