Izborni sporovi - odnos Upravnog i Ustavnog suda Srbije
Electoral Disputes - Relationship between the Serbian Administrative and Constitutional Court

Author(s): Maja Nastić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Electoral systems
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; electoral disputes; electoral rights; Administrative Court; Republic of Serbia;
Summary/Abstract: Electoral right is a fundamental political right, which allows the most direct participation of citizens in decision making. Electoral right is a sustainable part of democracy. Free and fair elections need to be a „milestone“ of every state intended to be qualified as a democratic. The crucial element of every electoral system is resolving of electoral disputes. The purpose of resolving these disputes is to protect the subjective electoral right and to ensure the integrity of electoral process, which would lead to legal composition of Parliament. Resolving the electoral diputes implies activation of different organs: electoral commission, courts, constitutional courts and Parliament. In Serbia, Administrative Court has a central role in resolving electoral disputes. The author in this paper observes the most significant attitudes of Administrative Court in recent period. Constitutional Court of Serbia has subsidiary jurisdiction in the resolution of electoral disputes, which means that it resolves the electoral disputes that are not within the purview of the Administrative Court. However, this jurisdiction is marginalized in practice, especially because there is no clear division of powers between Constitutional and Administrative Court. The Constitutional Court is also called upon to provide the protection of electoral right in the proceedings on constitutional complaints. This is opportunity to declare sertain attitudes of Administrative Court and to adjust them under the constitutional interpretation of electoral right.

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