ПРОБЛЕМИ УПРАВНО-ПРОЦЕСНЕ ЗАШТИТЕ ИЗБОРНОГ ПРАВА У ТОКУ ТРАЈАЊА ИЗБОРНОГ ПОСТУПКА У РЕПУБЛИЦИ СРБИЈИ
CERTAIN PROBLEMS OF THE ADMINISTRATIVE DISPUTE RESOLUTION SYSTEM DURING AN ELECTION PERIOD IN THE REPUBLIC OF SERBIA

Summary/Abstract: The aim of this analysis is to determine whether the Republic of Serbia has appropriate administrative mechanisms for resolving disputes related to the electoral right, and in connection thereof, to provide specific recommendations for improving the protection of the right, if necessary. The Analysis refers to the election dispute resolution system during the election period which includes various activities, such as electoral activities and activities before the election day, polling day activities and activities after the closure of polling stations, or more precisely, during determination/ counting and announcement of election results. The analysis shows that the Administrative Dispute Resolution System in Serbia has numerous deficiencies. Based on the analysis, the following should be considered in the future: 1) Adopt a new legal framework that would apply to elections at all levels of government and regulate particularly accurately the procedures for the protection of electoral rights - forms and deadlines for initiating procedures, deadlines for solving cases, observance of adversarial principle and ensuring the publicity of procedures, etc. 2) Consider proposals not to hold elections at different levels of government at the same time, not because of political implication, bud to avoid excessive overloading of the mechanism for electoral dispute resolution in cases of concurrent election for different levels of government; 3) Harmonise administrative procedures conduced before the competent electoral commissions and the Administrative Court, improve the existing legislation and further define the precise legal nature of these procedures; 4) Not to allow the annulment of elections for meaningless and irrelevant reasons (such as the use of mobile phones at polling stations, some posters that have remained within 50 meters of the polling station etc); 5) Consider the issue of the right of access to the Administrative Court and consider introducing a two-tier administrative judiciary in Serbia, because it seems inadequate to have only one court in the entire territory of Serbia, which deals with administrative disputes, in particular electoral disputes.

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