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Location: Serbia
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
Following a comprehensive independent audit of the quality of the unified voter register, further efforts should be undertaken to enhance its accuracy and completeness, including by clearly delineating duties and responsibilities of bodies involved in data collection and review. Public confidence in the voter register could be strengthened by full transparency of its compilation.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Voter Registration
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Authorities could consider amending the law to provide for an intermediary level of electoral administration in order to institute a formal hierarchy of responsibility and reduce the logistical burden on the REC.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Resolution of electoral disputes should be transparent in all jurisdictions with the parties concerned able to attend the hearings and present their cases directly or through their legal representatives, as guaranteed by the law.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
In line with the OSCE commitments, the law should provide for unhindered access of domestic and international non-partisan observers to all aspects of the electoral process and clearly define the criteria for their accreditation.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Domestic Non-partisan Observers
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Deadlines for submission and resolution of electoral complaints could be extended to ensure a better balance between the effectiveness and timeliness of legal remedies.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
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
2012
Early election
LEOM
Parliamentary
and Presidential
elections
To ensure that public confidence is not only maintained but strengthened, measures should be taken to build capacity and institutional memory of election commissions at all levels. In particular, the REC could consider organizing periodic post-election review meetings of electoral officials from all levels to discuss best practice, conduct training and identify potential improvements to the electoral process.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Consideration could be given to adopting measures that would reduce the number of PB members while continuing to ensure multi-party representation to help avoid overcrowding in polling stations. In particular, consideration could be given to introducing legal provisions that would allow parties to field observers instead of multiple representatives in the PBs.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Transparency of the REC activities could be enhanced by timely publication of the agenda, complete minutes of meetings and all decisions on the REC website. The practice of publishing election results by polling station should be established in the law with the REC made responsible for it.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
With a view to ensure that all voters have a possibility to make an informed choice, the REC should undertake voter education activities that would start sufficiently in advance of elections and be developed in all minority languages.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
The maximum number of registered voters per polling station could be reduced to avoid overcrowding.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
In order to further enhance public confidence in the electoral process, relevant authorities should undertake greater initiative in properly investigating allegations of vote-buying, intimidation of employees by various sides, and possible misuse of public resources.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Campaign and Campaign Finance
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Consideration could be given to amending the legal framework to clarify treatment of loans and evaluation of the value of non-monetary contributions, and to lowering the limits for private contributions to political parties.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Campaign and Campaign Finance
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Consideration could be given to shortening the deadlines for submission of financial reports and ensuring their publication, including on the ACA website. Consideration could also be given to introducing mechanisms for public scrutiny of the accounts of electoral contestants during the election period and shortly after Election day. To increase the effectiveness of control mechanisms, legislation could require the contestants and the ACA to report to the public within a reasonable time frame and establish deadlines for the ACA to disclose information it receives from the political parties.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Campaign and Campaign Finance
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Authorities could consider adopting legislation to support the principles of transparency of Media ownership, including ensuring public access to information regarding the extent and nature of involvement of individuals and of legal entities in the ownership structures of the Media, prevention of Media monopolies, and neutral financial assistance of the state to the Media, as also recommended by the CoE Committee of Ministers.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Media
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
The RBA could take more pro-active approach to providing information to the public about its on-going work and actions taken in cases of potential breaches of legislation, while the warning it may issue should always be presented in a public and transparent way.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Media
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
As the Supervisory Board has repeatedly not been established as required by the Law, consideration should be given to amending the law to clearly regulate the responsibilities of the REC and the RBA with regard to campaign-related violations and complaints during the election process.
Recommendation # in final report:
19
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
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
Measures could be taken to ensure that the size and layout of the polling stations can accommodate not only the voters but also the sizable PBs, and that they are accessible for elderly and disabled voters.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Day
Serbia
2012
Early election
LEOM
Parliamentary
and Presidential
elections
The layout of the polling stations and the quality of the voting screens could be improved to better preserve the secrecy of the vote.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Day
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
Given the importance of public trust in the voter register, the authorities should strive to improve it further. In accordance with the legal framework, names of all voters of national minorities should be entered in the voter register in their respective languages.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Voter Registration
Serbia
2014
Early election
LEOM
Parliamentary
elections
Authorities and law enforcement bodies should take more resolute steps to prevent, identify, investigate and prosecute instances of vote-buying, pressure and intimidation of voters and misuse of state resources for campaign purposes. The legislators may also consider clarifying the definition of political and campaign activities in order to prevent distribution of electoral gifts and services.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Campaign
Serbia
2014
Early election
LEOM
Parliamentary
elections
To enhance a level playing field among contestants during the campaign and in line with good electoral practice, establishing by law reasonable and justifiable limits to campaign expenditures should be considered.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Election Campaign
Serbia
2014
Early election
LEOM
Parliamentary
elections
It is recommended that the deadlines for election dispute resolution be reviewed. The timeframe to submit a complaint could be extended to allow voters and contestants to properly substantiate their case. Additionally, the deadlines for the resolution of electoral disputes should be harmonized with the election calendar, to ensure that all cases are resolved before final results are published.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Complaints and Appeals
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
2014
Early election
LEOM
Parliamentary
elections
As a measure to further increase transparency of Election administration, consideration could be given to publishing agendas of the REC sessions in advance.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2014
Early election
LEOM
Parliamentary
elections
As a measure to maintain public trust in the electoral process, it is recommended that consideration is given for the REC to develop and co-ordinate voter information and voter education materials and for the public Media to take measures to actively distribute those.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2014
Early election
LEOM
Parliamentary
elections
Consideration should be given to introducing additional safeguards to ensure that political representation in the PBs is in line with LER provisions.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Administration
Serbia
2014
Early election
LEOM
Parliamentary
elections
In accordance with international good practice, to ensure public scrutiny of the VR and to increase transparency, efforts should be made to allow for partial data of the VR to be made available for public scrutiny.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2020
Final report heading:
Voter Registration
Serbia
2014
Early election
LEOM
Parliamentary
elections
The system of informing voters about the location of their respective PSs could be improved.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Voter Registration
Serbia
2014
Early election
LEOM
Parliamentary
elections
As stated in previous OSCE/ODIHR and Venice Commission recommendations, the LER should be amended to expressly provide for self-nomination by an individual independent candidate.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Registration of Candidate Lists
Serbia
2014
Early election
LEOM
Parliamentary
elections
The legal framework should be amended to allow voters to sign in support of more than one prospective electoral contestant to further promote pluralism.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Registration of Candidate Lists
Serbia
2014
Early election
LEOM
Parliamentary
elections
The authorities could explore possible measures to simplify the process of signature certification and verification.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Registration of Candidate Lists
Serbia
2014
Early election
LEOM
Parliamentary
elections
Legal deadlines for candidate list registration should be set before commencement of the official electoral campaign, in line with international good practice.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Registration of Candidate Lists
Serbia
2014
Early election
LEOM
Parliamentary
elections
The legal framework should be amended to protect the gender quota requirement after the registration of candidate lists and to include relevant sanctions for non-compliance.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Registration of Candidate Lists
Serbia
2014
Early election
LEOM
Parliamentary
elections
Additional efforts could be made by the Ministry of Finance to make public all aspects and stages of public funding of the electoral campaign as a measure to enhance transparency of Political finance.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Political Finance
Serbia
2014
Early election
LEOM
Parliamentary
elections
In order to enhance public confidence in its actions, the RBA could take a more pro-active approach to investigate and sanction cases of breaches of legislation. The RBA should also provide information to the public about its work by publishing the minutes of its meetings on its website as required by its own statute.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Media
Serbia
2014
Early election
LEOM
Parliamentary
elections
As a step towards greater transparency of the electoral process, the Administrative Court and the REC could take additional measures to notify the complainants and invite them to attend sessions when their complaints are on the agenda.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Serbia
2014
Early election
LEOM
Parliamentary
elections
The REC could take additional measures to raise awareness of all electoral stakeholders on their right to seek legal redress, as well as to inform them of the technical and legal aspects of the electoral dispute resolution process. The REC could also consider making their decisions on complaints public by posting them on the internet to enhance transparency of the electoral dispute resolution process.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Serbia
2014
Early election
LEOM
Parliamentary
elections
The provision that national minority parties have to collect 10,000 support signatures to register a candidate list should be reconsidered and reconciled with the positive measures for registration of national minority parties stipulated in the Law on Political Parties.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Participation of National Minorities
Serbia
2014
Early election
LEOM
Parliamentary
elections
To ensure full compliance with paragraph 8 of the 1990 OSCE Copenhagen Document and with international standards, the legal framework should be amended to include provisions regulating the status of Citizen and international observers, their rights and obligations.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Citizen and International Observers
Serbia
2014
Early election
LEOM
Parliamentary
elections
Protection of the secrecy of vote should be enhanced by providing adequate voting premises, better screens and instructions regarding the polling station layout. Additionally, voting premises should comply with the requirements for persons with disabilities in line with the UN Convention on the Rights of Persons with Disabilities.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Day
Serbia
2014
Early election
LEOM
Parliamentary
elections
The REC could consider adoption of consistent procedures regarding safeguards for sensitive election materials.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2020
Final report heading:
Election Day
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
Serbia
2016
Early election
LEOM
Parliamentary
elections
To increase transparency and contribute to trust in the accuracy of voter lists, consideration could be given to displaying preliminary voter lists for public scrutiny in line with the law and international good practice.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Voter Registration
Serbia
2016
Early election
LEOM
Parliamentary
elections
Rules on Candidate registration, including procedures for the verification of supporting signatures, should be clarified to ensure transparency at all stages, consistency and legal certainty.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Sub-legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Candidate Registration
Serbia
2016
Early election
LEOM
Parliamentary
elections
To promote a level playing field among contestants and ensure the separation of state and party interests, consideration should be given to introducing campaign regulations including on preventing the misuse of administrative resources and abuse of office. Compliance should be monitored by a competent and independent body and violations should be punished with proportionate and dissuasive sanctions.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Campaign Environment
Serbia
2016
Early election
LEOM
Parliamentary
elections
To enhance the transparency of campaign finances, previous OSCE/ODIHR and Venice Commission recommendations should be addressed, including introducing an expenditure ceiling, a requirement to submit interim financial reports as well as the timely publishing of the financial reports and ACA conclusions. The law should prescribe proportionate and dissuasive sanctions, and irregularities should be sanctioned.
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:
Partially
Year of assessment:
2022
Final report heading:
Campaign Finance
Serbia
2016
Early election
LEOM
Parliamentary
elections
Consideration should be given to clarify the REM’s competences in investigating and sanctioning breaches of legislation in a timely manner. In addition, the REM should act upon its own initiative, based on systematic monitoring election coverage and compliance with established regulations.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Serbia
2016
Early election
LEOM
Parliamentary
elections
The law should prescribe a simple, accessible and effective legal redress for Election day irregularities and provide for challenges of election results. All complaints should be reviewed with due process.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Day and Announcement of Results
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
2016
Early election
LEOM
Parliamentary
elections
To ensure that voters are fully informed of their rights and responsibilities, the REC could intensify its efforts and undertake comprehensive voter education activities sufficiently in advance of the elections.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Administration
Serbia
2016
Early election
LEOM
Parliamentary
elections
Consideration could be given to conducting standardized training on electoral procedures for all PB members.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Administration
Serbia
2016
Early election
LEOM
Parliamentary
elections
The blanket restriction on suffrage rights of persons declared mentally incompetent should be removed or decided on a case-by-case basis by the court, depending on specific circumstances.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Voter Registration
Serbia
2016
Early election
LEOM
Parliamentary
elections
Legislation should be amended to give an opportunity to individual citizens to stand as independent candidates.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Serbia
2016
Early election
LEOM
Parliamentary
elections
To make the Candidate registration process more inclusive, the restriction that voters may support only one candidate list could be reconsidered.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Serbia
2016
Early election
LEOM
Parliamentary
elections
The LER should include provisions regarding the deadlines and conditions for the withdrawal of registered candidates.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Candidate Registration
Serbia
2016
Early election
LEOM
Parliamentary
elections
Deadlines for Candidate registration could be reconsidered to allow for more thorough verification of registration documents, to ensure an effective redress in case of appeals and to provide sufficient time for ballot printing.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Candidate Registration
Serbia
2016
Early election
LEOM
Parliamentary
elections
The independence of the public Media could be further strengthened by setting up a mechanism that would provide for sufficient funding and reduce their dependency upon the state budget.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Media
Serbia
2016
Early election
LEOM
Parliamentary
elections
Consideration should be given to regulate Media coverage of officials who are also candidates, in order that they do not enjoy an unduly privileged position compared to other contestants.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Media
Serbia
2016
Early election
LEOM
Parliamentary
elections
The effectiveness and transparency of the dispute resolution process could be improved by introducing a legal requirement for the applicant’s right to a hearing involving both parties, publishing information on complaints and decisions in a timely manner, and extending the 24-hour deadline.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Serbia
2016
Early election
LEOM
Parliamentary
elections
Measures should be taken, including clear criteria established by law, to prevent the abuse of provisions for candidate lists to obtain the status of national minority.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Participation of National Minorities
Serbia
2016
Early election
LEOM
Parliamentary
elections
In line with OSCE commitments, the law should include provisions on access of Citizen and international observers to all stages of the electoral process and clearly define their rights and obligations.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Citizen and International Observers
Serbia
2016
Early election
LEOM
Parliamentary
elections
Authorities could consider reviewing voting screen design and polling station layout, to ensure the secrecy of the vote and consider requiring badges for all PB members.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Day
Serbia
2016
Early election
LEOM
Parliamentary
elections
Procedures governing the inspection of materials should be clearly established allowing for a meaningful and uniform review. Measures should be taken to secure election materials during inspection.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Tabulation and Transmission of Results
Serbia
2016
Early election
LEOM
Parliamentary
elections
To enhance the transparency and integrity of the electoral process, the law should prescribe a detailed tabulation process that is conducted by the Election administration.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Tabulation and Transmission of Results
Serbia
2016
Early election
LEOM
Parliamentary
elections
Measures should be taken to enhance the accuracy of PBs’ work including on counting and drafting of PB protocols. Proportionate sanctions should be imposed for irregularities.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Tabulation and Transmission of Results
Serbia
2016
Early election
LEOM
Parliamentary
elections
The timely publication of disaggregated election results by polling station should be enshrined in the law in order to increase transparency and confidence in the process.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Tabulation and Transmission 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
2017
EAM
Presidential
To guarantee a level playing field among contestants, the separation between party and state activities needs to be strictly abided by.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Campaign
Serbia
2017
EAM
Presidential
Party and campaign finance provisions stand to be further improved in line with previous OSCE/ODIHR recommendations with a view to tighten regulation and enhance transparency.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Party and Campaign Finance
Serbia
2017
EAM
Presidential
The ACA should exercise its mandate fully by proactively monitoring and investigating any non-transparent activities in the context of elections.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Serbia
2017
EAM
Presidential
Authorities should refrain from interference in the activities of Media and journalists, who should operate free from intimidation or pressure, administrative actions or other types of undue influence.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Serbia
2017
EAM
Presidential
Oversight by the REM should be explicitly extended to all aspects of Media coverage of elections. The REM could take a more pro-active approach in the performance of its duties, including through timely action based on findings of systematic Media monitoring. Amendments to the LEM could be considered to provide for more effective sanctions, including expedited timely remedies during the election campaign.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Serbia
2017
EAM
Presidential
Concerted efforts are required to address persistent issues with voter list accuracy. Consideration could be given to re-organizing voter lists in a more practical manner.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
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
2017
EAM
Presidential
To enhance the transparency and trust in the electoral process, the law should provide for the publication of elections results by polling station and results protocols, including those corrected later in the process.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Election Day
Serbia
2017
EAM
Presidential
Consideration could be given to amending the law to formally create an intermediate level of electoral administration and clearly delineate tasks and responsibilities of the different levels.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Election Administration
Serbia
2017
EAM
Presidential
The Election administration could consider implementing comprehensive training covering all stages of Election day procedures in a standardized and more effective format for all PB members.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Election Administration
Serbia
2017
EAM
Presidential
Consideration should be given to removing the blanket restriction on voting rights of persons declared legally incapable and to provide for the decision on each case based on the specific circumstances.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Voter Registration
Serbia
2017
EAM
Presidential
To enhance public trust in the voter register, consideration could be given to publishing the partial data from voter lists for public scrutiny in line with the law and international good practice.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Serbia
2017
EAM
Presidential
To make candidate registration process more inclusive, consideration may be given to lifting the restriction for voters to support only one candidate.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Serbia
2017
EAM
Presidential
Authorities should take decisive action to prevent pressure on voters, including employees of state or state-affiliated institutions. Cases of alleged coercion need to be investigated and individuals responsible held accountable.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Campaign
Serbia
2017
EAM
Presidential
Comprehensive steps should be taken to strengthen the financial and editorial independence of public broadcasters. Adequate funding mechanisms could be considered to reduce dependency on the state budget. Media laws should be fully implemented with the aim of ensuring greater transparency in ownership and funding of the Media.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Serbia
2017
EAM
Presidential
Media, especially the public broadcaster, should consider adopting self-regulatory measures to ensure fair and impartial editorial policies for campaign coverage, including emphasizing a clear distinction between official activities of candidates and their campaign appearances and to ensure that coverage of governmental activities does not unduly disadvantage other candidates.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Serbia
2017
EAM
Presidential
The positive example of establishing PBs with equitable representation of national minorities could be replicated as good practice in other regions with significant minority populations.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Participation of National Minorities
Serbia
2017
EAM
Presidential
As previously recommended, the legislation should be amended to explicitly provide for the presence of both citizen and international observers in line with the OSCE commitments. It should unambiguously provide for observers access to all stages of the electoral process and clearly define their rights and obligations.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Citizen and International Observation
Serbia
2017
EAM
Presidential
Additional efforts should be made by the REC to ensure the secrecy of the vote. This should be explicitly addressed during training, with clear and uniform instructions provided.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day
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
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
2020
SEAM
Parliamentary
elections
Consideration should be given to establishing all levels of the election administration by law, and clearly define their role and responsibilities.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Election Administration
Serbia
2020
SEAM
Parliamentary
elections
In order to enhance the capacity of the REC and to ensure the ability of its members to make informed decisions, all members should be provided with timely and comprehensive information about the agenda of upcoming sessions, including all relevant background material, ensuring the possibility of substantive discussion in all circumstances.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Election Administration
Serbia
2020
SEAM
Parliamentary
elections
All members of PBs, including the extended ones, should receive timely, efficient and uniform training on election-day procedures, in particular as regards the vote count, the logical-computational control of the results, and the completion of the results protocol.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Serbia
2020
SEAM
Parliamentary
elections
The legislation should be harmonized with the objectives of the UN Convention on the Rights of Persons with Disabilities, by removing all restrictions on voting rights on the basis of intellectual or psychosocial disability.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Serbia
2020
SEAM
Parliamentary
elections
To increase the transparency of voter registration and confidence in the voter list, the authorities could consider periodical publishing of voter registration data, disaggregated by different types of updates, and the number of voters registered per municipality.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Serbia
2020
SEAM
Parliamentary
elections
To make the candidate registration process more inclusive, consideration could be given to lifting the restriction that voters may support only one candidate list.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Serbia
2020
SEAM
Parliamentary
elections
To enhance the transparency of campaign finances, previous ODIHR and GRECO recommendations should be addressed, including lowering donation limits, and introducing requirements to submit and publish financial reports prior to election day.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Finance
Serbia
2020
SEAM
Parliamentary
elections
Consideration could be given to introducing a legal requirement for imprints on all print and digital campaign materials, as well as sanctions for non-compliance and effective enforcement, including confiscation of campaign materials without imprints.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Campaign Finance
Serbia
2020
SEAM
Parliamentary
elections
Consideration could be given to introducing mechanisms for effective oversight, including mandatory receipt of bank statements that would enable the verification of the accuracy of contestants’ campaign finance reports.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Finance
Serbia
2020
SEAM
Parliamentary
elections
The law should prescribe a graduated system of proportionate and dissuasive sanctions, and irregularities should be sanctioned.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Finance
Serbia
2020
SEAM
Parliamentary
elections
The independence of the public-service broadcasters should be strengthened by securing sufficient and sustainable funding, ultimately eliminating public broadcasters’ dependence on the state budget.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Serbia
2020
SEAM
Parliamentary
elections
To level the playing field, regulation of the media coverage of officials who are also candidates could be considered.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Serbia
2020
SEAM
Parliamentary
elections
Consideration should be given to establishing clear criteria in the law which would allow for the determination of national minority status of candidate lists thus ensuring that special provisions for national minority lists are not abused.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Participation of National Minorities
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
The principle of providing access for international and citizen observers to all stages of the electoral process should be enshrined in the law, in line with OSCE commitments.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Citizen and International Observers
Serbia
2020
SEAM
Parliamentary
elections
To facilitate access to all stages of the electoral process, the law should allow observers to request and obtain new accreditations to observe the repeat elections.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Citizen and International Observers
Serbia
2020
SEAM
Parliamentary
elections
To ensure the secrecy of the vote for all voters, including persons with physical disabilities, the layout of polling stations and the design of polling booths should be reviewed. Consideration should be given to increasing public awareness of the importance of the secrecy of vote by targeted voter-education efforts.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day
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
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
2022
Early election
EOM
Presidential
and Parliamentary
To ensure consistent application of election day procedures and enhance the professional capacity of the election administration, standardized mandatory training could be considered for all Local Electoral Commission and Polling Board members and prospective members, including the extended compositions.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
To address concerns over the accuracy of voter lists and increase public confidence, the authorities should facilitate the conduct of a full audit of the Unified Voter Register and the civil register as soon as practically possible, with the participation of relevant stakeholders, including political parties and civil society.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter registration
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
Authorities should take measures to prevent misuse of office and state resources. The law should provide for a clear separation between the official functions and campaigning activities of the incumbents. Violations should be proactively prevented and addressed by the relevant authorities through proportionate and dissuasive sanctions.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral Campaign
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
Authorities should put in place and implement effective legal and institutional oversight mechanisms to prevent intimidation and pressure on voters, including employees of public and state institutions and enterprises.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral Campaign
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
To ensure legal certainty and campaign finance accountability, the legislation should be further reviewed to address gaps and prior ODIHR and GRECO recommendations, including by explicit regulation of third-party campaigning and provisions on effective, proportionate and dissuasive sanctions for violations and inadequate reporting. To allow effective implementation, the Criminal Code should be brought in line with the Law on Financing of Political Activities.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Finance
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The independence of the Electronic Media Regulatory Authority (REM) should be strengthened. Its responsibilities during the campaign period should be explicitly defined by law and extend to all aspects of the broadcast media coverage of elections. The REM should proactively use its legal powers to act ex officio on violations of media regulation, based on its systematic monitoring.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
To ensure consistency of the voting, counting and tabulation processes, the REC should promulgate clear, consistent and timely instructions and decisions on all election-day procedures that are not sufficiently regulated by the statutory law.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Day
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
To enhance the effective exercise of voting rights, the REC should develop and implement a timely, comprehensive and targeted voter education programme, including on voters’ rights, the prevention of group voting, and the importance of voting by secret ballot.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The REC, the state and local authorities, in co-operation with the relevant disability organizations, should undertake further measures to ensure independent access of persons with various types of disabilities to the entire election process. Election authorities should provide detailed election information in various accessible formats.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The legislation should be further harmonized with the objectives of the UN Convention on the Rights of Persons with Disabilities by removing all remaining restrictions on voting rights on the basis of intellectual or psychosocial disability.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
To guarantee universal suffrage and prevent undue disenfranchisement or unequal treatment of voters, consideration should be given to introducing objective, reasonable and non-discriminatory procedures for inclusion in the voter lists of citizens without permanent residence and opportunities for these citizens to exercise their voting rights.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
To further promote pluralism in the electoral process and freedom of association, consideration could be given to removing the restriction against signing in support of more than one presidential candidate and one parliamentary candidate list.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
Consideration could be given to mandating by law that certifying authorities make their services available to all contestants on non-discriminatory terms. Election authorities should ensure accountability for any criminal offences or other abuses occurring during the candidate registration process.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
To promote a level playing field among contestants, consideration should be given to introducing a campaign expenditure limit. Legal deadlines for distributing public funding for election campaigns should be adjusted to allow meaningful possibilities for campaigning. Safeguards against misuse of public funds allocated for campaign should be introduced in the law.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Finance
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The Anti-Corruption Agency should be obliged by law to identify violations proactively and in a timely manner, and respond to complaints by issuing formal decisions, subject to a judicial review. The law should prescribe expedited deadlines for the entire dispute resolution process related to campaign finance violations.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Finance
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The competent state authorities should contribute to the strengthening of media pluralism by further increasing media ownership transparency, promoting diversity of political content in the media, and systematically monitoring broadcasters’ compliance with their legal obligations.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
State bodies should publicly and strongly condemn all threats against journalists and put in place effective measures to protect journalists against attacks aimed at silencing them, including by prosecuting perpetrators.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The regulation of the media coverage of officials who are also candidates could be further strengthened, including by extending the ban on the media coverage of all opening and inaugurating events for the entire duration of the campaign period.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
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
Further efforts should be made to allocate adequate premises for polling stations in order to prevent overcrowding, ensure the secrecy of the vote and provide easy independent access for voters with physical disabilities.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election day
Serbia
2022
Early election
EOM
Presidential
and Parliamentary
The Republic Electoral Commission should publish the preliminary turnout data as soon as possible after the closing of the polls. To further enhance transparency and trust in the results tabulation process, the REC should consider publishing preliminary election results disaggregated per polling station in an accessible format as they become available.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Post-election Day Developments
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
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
As previously recommended, to ensure consistent application of election day procedures and enhance the professional capacity of the election administration, standardized mandatory training could be considered for all Local Electoral Commission and Polling Board members and prospective members, including the extended compositions of these bodies.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Election Administration
Serbia
2023
Early election
EOM
Parliamentary
elections
To enhance the effective exercise of voting rights, the Republic Electoral Commission should develop and implement a timely, comprehensive and targeted voter education programme, including on voters’ rights, the prevention of group voting, and the importance of voting by secret ballot. Detailed voter information and education materials should be available in various accessible formats.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Election Administration
Serbia
2023
Early election
EOM
Parliamentary
elections
To address concerns over the accuracy of voter lists and increase public confidence, the relevant laws, regulations, and practices should be reconsidered to enable access to voter registration data and facilitate the conduct of a meaningful audit of the Unified Voter Register with the participation of relevant stakeholders, including political parties and civil society, in line with data protection standards.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Voter Registration
Serbia
2023
Early election
EOM
Parliamentary
elections
The law should provide for a clear separation between the official functions and campaigning activities of the incumbents. Authorities should take measures to prevent misuse of office and state resources and any violations should be proactively addressed through proportionate and dissuasive sanctions.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Electoral Campaign
Serbia
2023
Early election
EOM
Parliamentary
elections
Authorities should prevent intimidation and pressure on voters, including employees of public and state institutions and enterprises and strengthen the oversight mechanisms.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Electoral Campaign
Serbia
2023
Early election
EOM
Parliamentary
elections
The independence of the Electronic Media Regulatory Authority (REM) should be effectively guaranteed, in line with the new legal provisions. The REM should proactively use its legal powers to act ex officio on violations of media regulation, based on its systematic monitoring.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2024
Final report heading:
Media
Serbia
2023
Early election
EOM
Parliamentary
elections
Election administration should collect and publish disaggregated data on gender representation in its bodies in a comprehensive and timely manner. Further efforts should be made to ensure a gender-balanced representation in all election management bodies, in line with the law.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election Administration
Serbia
2023
Early election
EOM
Parliamentary
elections
To achieve sustainable progress in its activities, such as developing instructions, training election officials, improving voter education campaigns, and enhance the accessibility of the electoral process, the Republic Electoral Commission should be granted sufficient administrative and technical capacity, including its own permanent secretariat.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2024
Final report heading:
Election Administration
Serbia
2023
Early election
EOM
Parliamentary
elections
The legislation should be further harmonized with the objectives of the UN Convention on the Rights of Persons with Disabilities by removing all remaining restrictions on voting rights on the basis of intellectual or psychosocial disability.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Voter Registration
Serbia
2023
Early election
EOM
Parliamentary
elections
As previously recommended, to further promote pluralism in the electoral process and freedom of association, consideration could be given to removing the restriction against signing in support of more than one list.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Candidate Registration
Serbia
2023
Early election
EOM
Parliamentary
elections
The law could be reconsidered to permit contestants to rectify any identified deficiencies in their nomination documents following the publication of the respective decision of the Republic Electoral Commission.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Candidate Registration
Serbia
2023
Early election
EOM
Parliamentary
elections
To ensure equal campaigning conditions, authorities should implement measures that fully enforce the right of all electoral stakeholders to access and use public premises for campaigning on equal terms.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Electoral Campaign
Serbia
2023
Early election
EOM
Parliamentary
elections
Additional mechanisms and incentives should be established to encourage political parties to promote women’s participation in political life, increase their visibility during electoral campaigns and advance their role in politics.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Electoral Campaign
Serbia
2023
Early election
EOM
Parliamentary
elections
To promote equal campaign opportunities, consideration could be given to waiving the deposit requirement for the political parties and citizen groups not represented in the parliament and local assemblies as a precondition of the first instalment of public funds for campaigning.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign Finance
Serbia
2023
Early election
EOM
Parliamentary
elections
To ensure legal certainty and campaign finance accountability, the legislation should be further reviewed to address gaps and prior ODIHR recommendations, including by explicit regulation of third-party campaigning. The Agency for the Prevention of Corruption should proactively investigate and sanction campaign spending by unauthorized entities.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2024
Final report heading:
Campaign Finance
Serbia
2023
Early election
EOM
Parliamentary
elections
The law should be amended to require the Agency for the Prevention of Corruption to promptly make public its decisions on violation of the Law on the Prevention of Corruption during election campaigns, along with any related appeals. Additionally, monitoring the compliance with this law should be a designated task for the Agency’s field monitors, if they continue to be deployed in future elections.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Campaign Finance
Serbia
2023
Early election
EOM
Parliamentary
elections
The competent authorities should fulfil their duty to protect the safety of media staff through effective and timely measures, including promptly investigate and bring to justice those involved in attacks on, and ill-treatment of journalists and other media actors, as well as publicly condemn all threats against journalists.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Media
Serbia
2023
Early election
EOM
Parliamentary
elections
To provide impartial information about the contestants and allow voters to make an informed choice, the media should exercise their right for editorial independence and avoid using material produced by parties in news and information programmes, especially during election campaigns.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Serbia
2023
Early election
EOM
Parliamentary
elections
To prevent the misuse of special provisions for national minority lists, consideration should be given to further refining the legal criteria for determining national minority status and the procedures for registering these lists.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
National Minorities
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
Serbia
2023
Early election
EOM
Parliamentary
elections
Authorities should guarantee adequate conditions for both citizen and international observers to conduct their activities with unimpeded access to all election-related information in a timely manner and in an environment free from pressure and intimidation, in line with Serbia's international commitments.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election Observation
Serbia
2023
Early election
EOM
Parliamentary
elections
As previously recommended, further efforts should be made to allocate adequate premises for polling stations to prevent overcrowding, ensure the secrecy of the vote, and provide easy independent access for voters with physical disabilities.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Election Day
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
In line with OSCE commitments, measures should be taken to ensure the separation of the state and party and the impartiality of the public administration during the campaign.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
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
Serbia
2024
EOM
Local
elections
To improve voter list accuracy and enhance public trust, the authorities should facilitate a full audit of the Unified Voter Register and the civil register, undertaken by independent experts and with the participation of relevant stakeholders, including representatives of relevant ministries, political parties and civil society.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Serbia
2024
EOM
Local
elections
To increase public confidence in the accuracy of voter lists, the Ministry of Public Administration and Local Self-Governance should publish voter registration data that are sufficiently detailed to allow for a meaningful verification of the accuracy of voter numbers.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Serbia
2024
EOM
Local
elections
Authorities should condemn attacks on journalists, implement measures to protect them, and prevent impunity through independent, timely investigations to bring perpetrators to justice. Additional steps should be taken to shield media workers from abusive defamation lawsuits by promptly dismissing baseless cases, awarding legal costs and damages, and imposing deterrent penalties on those who initiate such proceedings.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Serbia
2024
EOM
Local
elections
To prevent undue influence on the voters, reasonable campaign expenditure limits should be introduced and consideration should be given to lowering the ceiling for donations from legal entities.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
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 ensure consistency in implementation of elections and enhance the professional capacity of the election administration, further guidance on application of the rules could be extended to a single institution.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Serbia
2024
EOM
Local
elections
Authorities at all levels should undertake comprehensive efforts to promote women’s active participation in public and political life. Additional mechanisms and incentives should be established to encourage political parties to promote women’s participation in political life, increase their visibility during electoral campaigns and advance their role in politics.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Background and Political Context
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
2024
EOM
Local
elections
Authorities should guarantee adequate conditions for citizen observers to conduct their activities in an environment free from pressure and intimidation, in line with Serbia’s international commitments.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Observation
Serbia
2024
EOM
Local
elections
To ensure consistent application of election day procedures, standardized mandatory training could be considered for all Polling Board members as well as for prospective members, including those of the extended composition.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Day
Serbia
2024
EOM
Local
elections
To ensure the secrecy of the vote, the layout of polling stations and the design and placement of voting screens should be improved.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Day
Serbia
2024
EOM
Local
elections
Further efforts should be made to improve the accessibility of polling stations, including by giving voters with reduced mobility or visual impairments the possibility to choose to vote at dedicated polling stations equipped for such voters.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Day
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
Consideration should be given to reviewing the preferential terms for the registration and representation of lists representing national minorities.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Participation of National Minorities
Serbia
2024
EOM
Local
elections
To foster the media's watchdog role, media outlets should exercise their editorial freedom and refrain from using material produced by political parties in news and information programmes.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Serbia
2024
EOM
Local
elections
The independence and effectiveness of the Regulatory Authority of Electronic Media should be strengthened, with clearly defined responsibilities during campaign periods. Efforts should be made to enhance compliance with legal deadlines, address complaints efficiently, ensure efficient media monitoring, and maintain transparency in its operations.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Serbia
2024
EOM
Local
elections
The Anti-Corruption Agency should be legally obliged to proactively identify violations during election campaigns, in a timely manner.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Serbia
2024
EOM
Local
elections
To increase transparency, consideration could be given to submitting income and expenditure reports by contestants for all-self-government unit campaigns through a single dedicated bank account.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Serbia
2024
EOM
Local
elections
To enhance transparency and the information available to voters, the interim campaign finance reporting period should be extended to include the period closer to election day.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Serbia
2024
EOM
Local
elections
To enable voters to make an informed choice, the authorities could consider designating public stands or other places where contestants can post their posters.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Serbia
2024
EOM
Local
elections
To prevent abuse of public office and pressure on public employees and other voters, holders of senior management positions in public institutions and public companies should be required by law to temporarily resign from office in order to run as candidates, in line with international standards.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Serbia
2024
EOM
Local
elections
The law should clearly regulate online campaigning, including by public institutions and officials. Responsible oversight institution should be mandated to monitor contestants and other stakeholders in the campaign, and equipped with effective and proportionate sanctioning mechanisms for violations.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Serbia
2024
EOM
Local
elections
To prevent misuse of state resources, consideration could be given to prohibiting the announcement and implementation of extraordinary social welfare programmes and public infrastructure projects after the call of elections.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Serbia
2024
EOM
Local
elections
Measures should be taken to avoid pressure on voters, guarantee data protection, and prevent obstruction in collecting support signatures; such measures could include the use of e-government tools for the collection of support signatures.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Serbia
2024
EOM
Local
elections
To protect voter’s right to a free and secret ballot and in order to avoid misuse, the legal provisions concerning mobile voting should be strengthened, including by requiring a declaration of consent when requesting mobile voting on behalf of another person.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Serbia
2024
EOM
Local
elections
To increase the transparency of LEC activities, LEC sessions should be publicly announced well in advance, and all members should be provided with timely and comprehensive information about the agenda of upcoming sessions, including all relevant background material.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Serbia
2024
EOM
Local
elections
To increase public awareness on voting rights, the election administration should develop and implement a comprehensive and targeted voter education programme on voters’ rights, including the secrecy of the vote and the importance of keeping residence data up to date.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration