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Location: Serbia
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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
Authorities should undertake measures to prevent misuse of office and state resources. The monitoring of compliance should be effective, and sanctions imposed should be proportionate and dissuasive.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Environment
Serbia
2020
SEAM
Parliamentary
elections
Authorities should undertake measures to prevent pressure on voters, including employees of state or state-affiliated institutions and enterprises. Cases of alleged duress must be thoroughly investigated and individuals responsible brought to account.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Environment
Serbia
2020
SEAM
Parliamentary
elections
To enhance transparency, the law could be amended to require reporting and disclosure of campaign income and expenditure prior to election day. Consideration could be given to making the ACA conclusions mandatory and to publish them at a later stage.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Campaign Finance
Serbia
2020
SEAM
Parliamentary
elections
Voter lists should be made available for public scrutiny. The laws on the Unified Voter Register and on Personal Data Protection should be harmonized and should detail the scope of personal data of voters made public, and the secure and lawful access to these data.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Serbia
2020
SEAM
Parliamentary
elections
The independence of the Regulatory Authority for Electronic Media (REM) should be strengthened, and its responsibilities during the campaign period should be explicitly defined by law and extended to all aspects of media coverage of elections. The REM should act upon its own initiative, including through timely actions based on systematic monitoring of election coverage and compliance with established regulations.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
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
In line with good practice and in order to ensure the integrity of the electoral process, the REC could be assigned with rectifying or overturning decisions taken by lower-level election commissions, and with annulling elections entirely or in one or more polling stations if it determines that irregularities affected the outcome.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Post-Election Developments
Serbia
2020
SEAM
Parliamentary
elections
To address concerns over the accuracy of voter lists, the authorities should conduct an audit of the Unified Voter Register as soon as practically possible.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
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