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Serbia
2024
EOM
Local
elections
The courts handling election-related cases should hold oral public hearings, and the law should define the clear jurisdiction and deadlines for the Constitutional Court in election-related matters.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Serbia
2024
EOM
Local
elections
To improve the dispute resolution system, consideration should be given to broaden the legal standing to allow stakeholders, including citizen observers, to challenge all decisions, actions, and inactions of election commissions, in line with international standards.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Serbia
2024
EOM
Local
elections
The law should be amended to require the Anti-Corruption Agency to issue all decisions in a formal format that can be subject to judicial review. Furthermore, the legislation should establish expedited deadlines for the entire dispute resolution process concerning campaign finance violations, including deadlines for the courts.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
In line with previous OSCE/ODIHR recommendations, the legal framework for elections should be reviewed, consolidated, and harmonized, possibly by introducing a single comprehensive electoral code.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Legal Framework
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Authorities could re-consider the application of the requirement for potential candidates to both collect a minimum of 10,000 supporting signatures and cover the administrative expenses for their verification, as this may unduly impede the right to stand.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Legal Framework
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Measures could be taken to ensure that privileges granted to electoral lists and political parties representing national minorities are not abused. Authorities could also consider extending the same privileges to groups of citizens representing a national minority.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Participation of National Minorities
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Legal Framework
Serbia
2014
Early election
LEOM
Parliamentary
elections
Consideration could be given to codifying certain provisions included in the REC regulations, which are issued by the REC before every election, with a view to provide lasting legal grounds.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Legal Framework
Serbia
2014
Early election
LEOM
Parliamentary
elections
It is recommended that the legal framework be revised to equip relevant institutions with competencies of control and enforcement of provisions of electoral legislation, including those on the campaign.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Electoral System and Legal Framework
Serbia
2014
Early election
LEOM
Parliamentary
elections
Legal consequences for non-compliance should be clearly defined.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Electoral System and Legal Framework
Serbia
2016
Early election
LEOM
Parliamentary
elections
The electoral legislation would benefit from a comprehensive review to address legal loopholes and unclear provisions. To ensure legal certainty, substantial regulations should be included primarily in the law, while only those related to technical matters and details should be included in REC instructions.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Legal Framework
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