dispute involving ‘termination of office and certification of election’ of local legislature
members. To be precise, even though the Administrative Disputes Law does permit motions
for new trial and applications for appellate review of a court decision, these remedies are not
allowed by the Local Elections Law, which, consequently, means that no motions for new trial
may be made in disputes involving the termination of office or certification of election.49 As
with parliamentary elections, time limits for inspecting electoral lists and documents and
electoral materials have no bearing on the commencement of time limits for objecting against
a decision, action, or omission in an election.50
Statistics
According to the 2020 Annual Report of the Administrative Court,51 a total of 4,929
election-related cases were received in that year. Together with the four disputes that
remained outstanding from the previous reporting period, the Administrative Court heard a
total of 4,933 cases.
The Administrative Court resolved 4,931 cases, of which 4,930 by delivering judgments on
the merits of the cases, whilst one case was resolved otherwise.
From 27 June to 13 July alone the Court received 4,405 cases and resolved 3,537 ones.
Anonymized judgments in electoral disputes are published on the Administrative Court’s
official web site to ensure timely and complete dissemination of information.52
4.1.2.3. Judicial relief against decisions of bodies tasked with administering the electoral register
A lawsuit can be brought to contest decisions of bodies tasked with administering the
electoral register. An applicant for amendment of the electoral register may appeal a
decision of the municipal or city administration with the Ministry of Public
Administration and Local Government (MoPALG) within 24 hours of being served
such decision. The MoPALG is required to rule on the appeal within 48 hours.
A ruling of the MoPALG in the first instance, in cases where it has jurisdiction for amendments
to the electoral register, or a ruling delivered on appeal, may be contested by a lawsuit
brought with the Administrative Court within 24 hours of the receipt of such
ruling. The Administrative Court has 48 hours to rule on such lawsuit. The Court’s decision
is final and enforceable and may not be contested by an application for appellate review or
motion for new trial.
Judgment of the Administrative Court No. II-2 Už 89/17 of 12 December 2017. See Bilten Upravnog suda broj 8/2019,
Intermex, Beograd, Sentencu sačinio: Tomislav Medved, sudija Upravnog suda
50 Legal opinion adopted at the 58th plenary meeting of the Administrative Court on 29 February 2016.
51 Godišnji izveštaj o radu Upravnog suda po materijama, za period od 01. januara 2020. godine do 31. decembra 2020.
godine. Available at up.sud.rs/uploads/useruploads/Izvestaji-o-radu-suda/GODI%C5%A0NJI-IZVE%C5%A0TAJ-2020.pdf.
52 Anonymised election-related cases are available at up.sud.rs/latinica/izborni-predmeti.
49
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