3. Resolving electoral disputes: international standards 3.1. International standards and principles for resolving disputes in elections The state of play in Serbia was assessed with reference to international standards for resolving disputes in elections, as these draw on best practices from a variety of legal systems and, more importantly, years of comparative analysis. Obviously, each country will have its own set of electoral laws and its own specific (different) context, so the legislation will of necessity be worded differently, but it is important that the legal framework reflect the international standards. These standards are firm and clearly defined, and permit understanding of the areas that face challenges and that future activities ought to target. Aligning the local legal framework with the standards allows fair and equitable resolution of electoral disputes and strengthens political participation and electoral integrity. All detailed electoral justice standards ultimately stem from umbrella human rights documents, first and foremost the Universal Declaration of Human Rights (1948) and, for Europe, the European Convention on Human Rights (1953). More specifically, reference must be made to seven key international standards.3 Figure 3.1. Visual representation of international standards for measuring the efficiency and credibility of electoral dispute resolution processes A right of redress for election complaints and disputes Established burdens of proof and standards of evidence An impartial and informed arbiter Availability of meaningful and effective remedies Effective education of stakeholders A clearly defined regimen of election standards and procedures A system that judicially expedites decisions whilst safeguarding proceedings (1) A right of redress for election complaints and disputes. This standard is based on the principle that the public provision of a clear means to remedy election irregularities is crucial to maintaining an election complaint adjudication system. (2) A clearly defined regimen of election standards and procedures. Appropriate legislative measures must be taken in order to define a legal right to redress and to adequately implement periodic, free and fair elections. These measures must be clearly written and accessible in order to provide adequate notice and process to individuals, political parties, and civil society. 3 Ibid, pp. 11-98. 7