Table 4.2.1.8. An overview of the evaluation of recommendations relevant to the administration of
justice process issued after the 2016 and 2017 elections, election observation field, according
to ODIHR82
Election
cycle
Recommendation
Priority /
Other
2016
#20 In line with OSCE commitments, the law should include
provisions on access of citizen and international observers to all
stages of the electoral process and clearly define their rights and
obligations.
Other
2017
#19 As previously recommended, the legislation should be
amended to explicitly provide for the presence of both citizen
and international observers in line with the OSCE commitments.
It should unambiguously provide for observers access to all
stages of the electoral process and clearly define their rights and
obligations
Other
Status
*
*
Not implemented
Partially implemented
Mostly implemented
Fully implemented
Not evaluated
After the June 2020 elections, ODIHR defined 11 priority and 18 other recommendations,
the majority of which are repeating and include the necessity to amend the regulatory
framework, harmonize regulations, undertake measures to prevent abuse of office and misuse
of administrative resources, prevent pressure on voters, improve media coverage and media
balance, strengthen capacities of independent bodies etc83. The following are listed among
measures strictly related to the process of administration of justice:
→ Priority recommendation #8: To ensure effective dispute resolution, in line with
good practice, the deadlines for filing complaints and for taking decisions by the REC
and the Administrative Court could be extended. Deadlines for submission should run
from the moment when the irregularity came to the attention of the complainant;
→ Priority recommendation #9: In line with good practice and in order to ensure the
integrity of the electoral process, the REC could be assigned with rectifying or
overturning decisions taken by lower-level election commissions, and with annulling
elections entirely or in one or more polling stations if it determines that irregularities
affected the outcome;
Final reports for 2016 and 2017: https://www.osce.org/files/f/documents/0/e/259021.pdf and
https://www.osce.org/files/f/documents/c/6/330296.pdf. Evaluation status of each recommendation is available at:
https://paragraph25.odihr.pl/home-page-countries/serbia/
83 Final report from the ODIHR Special Election Assessment Mission, Parliamentary elections, 21 June 2020. Available at:
https://www.osce.org/files/f/documents/6/e/467232.pdf
* ODIHR Special Election Assessment Mission Final Report, Parliamentary Elections. 21 June 2020:
https://www.osce.org/files/f/documents/a/3/466026.pdf
82
51