#18 REFORM THE ELECTION ADMINISTRATION SYSTEM IN SERBIA

An independent body must be in charge of the implementation of election laws (VC II.3.1.a), i.e. i.e. independent and impartial election commissions must be established at all levels, from the state to the level of polling stations (II.3.1.b). The Central Electoral Commission must have a permanent character (II.3.1.c), while the members of the commission must be persons who are experts in election issues (II.3.1.d.ii). In addition to the rules on technical matters and details, election regulations must have the force of law (II.2.a), and the basic elements of the election law may be changed one year before the elections at the latest. (II.2.b). The powers and duties of the various bodies, must be clearly regulated by law, in order to avoid conflicts of jurisdiction (I.3.3.c). In order for these standards to be met, it is necessary to undertake the following:

1.  Systematise electoral legal subject matter through one unique electoral law

   Currently, seven laws are being applied to the election process, which in practice leaves room for contradictory and uneven interpretation of the provisions, which may result in non-sanctioning of election irregularities. An election law that would include provisions on the conduct of elections at all levels and regulate the work of all election administration bodies would contribute to legal certainty and reduce misinterpretations and contradictory interpretations of legal provisions by institutions.

2. Improve the work of local electoral commissions through the introduction of mandatory training for members

   In order to improve the work of local electoral commissions, it is necessary to organise continuous professional training of all members of local electoral commissions. In this way, the work capacity and professionalism of the local electoral commission as an election implementation body would be increased, thereby contributing to legal certainty and the quality of the implementation of the election process.

3.  Conduct the dialogue on the reform of electoral laws through the parliamentary committee for electoral reform

   Exchanges between political actors, the professional public and international organisations regarding the amendments to electoral laws have been held in different formats since 2019. The format of the dialogue changed depending on the organiser of the dialogue itself, as well as the actors involved in the dialogue. Since the new convocation of the National Assembly has begun to work, the CRTA believes that further dialogue on amendments to electoral laws and electoral reform in general should be conducted in the National Assembly, through the establishment of a special Committee for Electoral Reform. In this way, preconditions will be created for the institutional dialogue of relevant political actors, as well as the professional public and international organisations, with greater transparency and measurability of the results of the process itself.