Organi nadležni za sprovođenje izbora – pojam i oblici izborne administracije (uprave) u Srbiji
The Competent Authorities Responsible for the Conduct of Elections – Term and Types of Electoral Administration in Serbia

Author(s): Dejan Lj. Milenković
Subject(s): Public Administration, Electoral systems
Published by: Institut za uporedno pravo
Keywords: public administration electoral bodies; election administration; electoral commissions; competence; organization
Summary/Abstract: In each country, based uponon a democratic legitimacy of the authority which "pumps" through free and fair elections, a special structure of bodies competent to conduct the elections is appearing (electoral bodies). They are now often defined as one of the forms of “the authority of fourth power", and their number, structure, nature and competences depend on different national legislations. In Serbia, electoral bodies are numerous and depend on the internal territorial organization of Serbia and on the elections which are called for. In Serbia, but worldwide as well, these bodies are often called "the election administration”. The question that appears is whether this name is justified and whether it can or should be used. If we start from the "functions", i.e. from the work and activities of the state administration bodies according the present legal framework in Serbia, it becomes clearer that the electoral bodies are conducting the executive, professional and often the other activities of the state administration bodies. In this context, from the standpoint of the functional concept of the administration in a theoretical sense, which considers the "administrative bodies" as all entities that perform administrative activities, there is justification for the use of the term "the election administration", although this term, as well as the term public administration, is not positive-legal concepts in the Republic of Serbia.

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