Izborni sporovi u nadležnosti Ustavnih sudova
The Electoral Cases in the Competencies of the Constitutional Courts

Author(s): Dragan Stojanović
Subject(s): Constitutional Law, Electoral systems
Published by: Institut za uporedno pravo
Keywords: The Constitutional Court; Electoral Dispute; Electoral rights; Parliamentary mandate; Normative control; Constitutional complaint
Summary/Abstract: In the representative government the function of resolving disputes arising from electoral process is necessary. The settlement of electoral disputes is the primary jurisdiction of the regular and administrative justice, but to some extent, as an appellate or subsidiary competence is delegated to constitutional courts. Afther a comparative analyses of the competences of constitutional courts in resolving electoral conflicts, including disputes on termination of parliamentary mandate, the author presents the role of the Serbian Constitutional Court in this field. All forms of jurisdiction of the Constitutional Court which have direct or indirect effect on resolving the electoral disputes are analyzed, especially the normative control of the electoral rules, deciding on requests for enforcement of the decision which are issued in judicial review, as well as constitutional complaints lodged for violation of electoral rights guaranteed by the Constitution.

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