→ Other recommendations #25: To further enhance the transparency of the dispute
resolution process, the REC could consider publishing its complaints register on its
website in a timely manner.
→ Other recommendations #29: An effective system should be established for
stakeholders to file complaints on election-day irregularities. To facilitate such a
process, a standardized complaints form could be made available at polling stations and
instructions on handling such complaints could be included in the manual on electionday procedures.
These recommendations were based on the following observer mission findings84:
→ Whereas the dispute resolution mechanism is generally in place for complaints prior
to election day, the law falls short of ensuring effective legal redress for complaints on
voting, counting and challenges of election results;
→ Moreover, the actual implementation of the dispute resolution process does not fully
ensure effectiveness and transparency;
→ Complaints against REC decisions are filed with the REC itself, which entails a risk of
conflict of interest;
→ The deadlines for filing complaints and rendering decisions are not sufficiently long,
contrary to international good practice;
→ The lack of public hearings does not provide an opportunity for the parties to present
and defend their cases and does not ensure due process.
ODIHR recommendations are the subject for the Government Working Group on
cooperation with OSCE/ODIHR and the Working group for the validation of the electoral
register. Recommendations are also one of the frameworks for inter-party dialog that has been
taking place with some intermissions since 2019 in Serbia, with an aim to improve electoral
conditions. As it was announced that the Working group will start working on implementing
priority recommendations alongside continuing regular consultations with OSCE/ODIHR, it
remains to be seen how and to what extent the recommendations will be implemented and
what evaluation status these will receive after assessment by ODIHR.
4.2.2. June 2020 elections: Issues through the findings from local observer missions
Bearing in mind that procedural and formal issues or shortcomings of the administration of
justice process in Serbia were explained in detail in previous chapters, these will now be
illustrated by examples that the local organisations reported on during and after the June
elections.
Chapter XII of the Final report, Complaints and Appeals: https://www.osce.org/files/f/documents/6/e/467232.pdf
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