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Serbia
2016
Early election
LEOM
Parliamentary
elections
In line with good practice, the REC should have authority ex officio to rectify or overturn decisions taken by polling boards/lower electoral commissions, to annul elections if irregularities affect the outcome, and to order repeat voting to avoid disenfranchising affected voters.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Election Day and Announcement of Results
Serbia
2017
EAM
Presidential
The electoral legal framework should be subject to a comprehensive and inclusive review to regulate all essential aspects, address gaps and loopholes, and empower institutions to implement necessary control and oversight over the electoral process.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Legal Framework
Serbia
2020
SEAM
Parliamentary
elections
In line with international commitments, legal changes should be adopted following public consultations. Fundamental aspects of the election should not be changed within a year prior to an election.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Serbia
2020
SEAM
Parliamentary
elections
To ensure legal certainty, substantial regulations should be included primarily in laws, adopted by parliament, while only technical matters and details should be regulated by secondary legislation, including instructions of the Republic Electoral Commission (REC).
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Serbia
2020
SEAM
Parliamentary
elections
To enhance transparency, the law should provide for the prompt publication of all scanned Polling Board (PBs) results protocols and of election results by polling station, including those corrected later in the process or determined by repeat elections.
Recommendation # in final report:
11
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Post-Election Developments
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
To enhance legal certainty and provide equal opportunities for electoral contestants, the legislation could benefit from a further review to address challenges related to misuse of administrative resources and access to media, and eliminate remaining gaps and inconsistencies, well in advance of the next elections, and within an inclusive and transparent consultation process.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Serbia
2023
Early election
EOM
Parliamentary
elections
To effectively address recommendations outlined in this and prior ODIHR election observation reports, necessary legislative amendments should be initiated well in advance of the next elections through an inclusive consultative process built upon a broad political consensus. If reconstituted, the inter-agency Working Group on Co-ordination and Follow-up of the Implementation of Recommendations for the Improvement of the Electoral Process should act in full transparency, with the inclusion of relevant stakeholders, such as civil society organizations.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Legal Framework and Electoral System
Serbia
2023
Early election
EOM
Parliamentary
elections
The law should provide a reasonably short deadline for the Constitutional Court to handle electoral petitions and allow for a longer period to hold a repeat election.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2024
Final report heading:
Post-electoral Developments
Serbia
2023
Early election
EOM
Parliamentary
elections
Consideration should be given to elaborating additional guidance for Local Election Commissions on the substantive consideration of requests for the annulment of voting results and rules for the REC on handling the appeals against their decisions.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2024
Final report heading:
Post-electoral Developments
Serbia
2024
EOM
Local
elections
To ensure proper and consistent implementation of the legal framework, election-related legislation should be harmonized, and any legislative amendments should be adopted sufficiently in advance of the next elections and based on inclusive and transparent process. Consideration could be given to consolidation of election legislation.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
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