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Location: Serbia
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Serbia
2017
EAM
Presidential
The law should provide for effective legal redress mechanisms for electoral violations, including a possibility to challenge all REC acts. Legal deadlines to submit and review election-related complaints should be extended in line with international good practice.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Serbia
2020
SEAM
Parliamentary
elections
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.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Serbia
2020
SEAM
Parliamentary
elections
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.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Serbia
2020
SEAM
Parliamentary
elections
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 election-day procedures.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Post-Election Developments
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The election administration should take measures to enhance the effectiveness of dispute resolution, by substantive reviewing all election-day related complaints and facilitating the reporting of administrative and criminal offences to the competent authorities.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Post-Election Day Developments
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
In line with international good practice, the Administrative Court should be legally bound to review all election-related cases in public hearings whereby the parties have the right to be heard.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The competent authorities should take prompt and effective steps to investigate allegations of offences, including voter intimidation and vote buying. Perpetrators should be held accountable in a timely manner. The Ombudsman should adopt a proactive approach, including by voter information campaigns, to encourage voters to report such violations.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
In order to reduce or eliminate the need for repeat elections, consideration could be given to amending the law to prescribe that the voting is repeated only in case of serious irregularities that may affect the election outcome, after exhausting all other measures, such as examination of the election material, and formalized recounts of the votes cast.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Post-election Day Developments
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
Measures could be considered to enhance the transparency of the post-election dispute resolution, including by publishing comprehensive information on complaints filed to LECs in the REC’s complaints register.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Sub-legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Post-election Day Developments
Serbia
2023
Early election
EOM
Parliamentary
elections
The Administrative Court should use all available means to uphold the right to an effective remedy in electoral disputes, and should hold oral public hearings in such cases.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2024
Final report heading:
Election Dispute Resolution
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