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Some Legal-Sociologal Remarks Regarding the Elections in Serbia

Author(s): Luka Breneselović
Subject(s): Constitutional Law, Electoral systems, Sociology of Law
Published by: Institut za uporedno pravo
Keywords: Elections; Law in Action; Serbia
Summary/Abstract: An important feature of election rules for the Serbian parliament, which are also applied for other types of political elections, is an intended disciplinary mechanism of the provisions, which shall be applied in the case of some imperfections. In more than just a few cases, it is proscribed by law that voting must be repeated in each basic electoral unit, where some listed mistakes or imperfections have occurred. However, this is not what actually happens in action. While each basic electoral unit has its own local electoral board, the imperfection is ought to be revised and imposed with sanction by the state electoral committee (Republic electoral commission). Instead to be instantly revised by the state commission, it has been noticed that imperfections tend to be initially proven by local electoral boards. If those boards find that an imperfection has no significant meaning, the imperfection will be – from than on – ignored. In that case, the voting remains formaly unchallenged and therefore fully valid; it will be neither canceled, nor repeated.

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