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First instance body dealing with electoral disputes

Serbia

Serbia

Answer
EMB (highest level)
Source

Name: Republic of Serbia. Parliamentary and EarlyPresidential Elections- OSCE/ODIHR Limited Election Observation Mission FinalReport

Enactment: 6 and 20th May 2012

Quote:

'…The LEP strongly relies on the LER forregulating most procedural aspects of the presidential election. (…) (page 5)

Link: http://www.osce.org/odihr/elections/92509

 

Name: Rules of Procedure of the Republic ElectoralCommission

Enactment: Belgrade, January 23, 2012

Quote:

'Appropriate application ofanother law

Article 8

Regarding the issues whichare not specially regulated by this Law, the provisions of the Law regulatingthe election and the termination of the term of office of the Members of theNational Assembly shall be mutatis mutandis applied.'

Link: http://legislationline.org/download/action/download/id/4161/file/Serbia_Electoral_Commission_Rules_of_Procedures_2012_en.pdf

 

Name: Law on the election of Members ofParliament

Enactment: 2000 as amended in 2011

Quote

'Article 95

Every voter, candidate and submitter of electoral list has the right tofile a complaint with the Republic Electoral Commission due to breach ofsuffrage during the elections, or irregularities in the procedure of candidacyor voting.

Complaint against a decision, act or omission of a polling board shallbe filed with the Republic Electoral Commission.'

Link: http://legislationline.org/download/action/download/id/4225/file/SER_law_Election%20_members_parliament_2000_am2011_en.pdf

 

Comment
The Law onPresidential Elections does not regulate any aspects of the complaint andappeal process. However, its art.8 clearly points out that on matters notregulated by the law, it follows the observance of the Law on election of Representativeof Parliament (LERP). Such point was also made by the OSCE/ODHIR report ofSerbia in 2012. Thus, the subsequent analysis of the complaint and appealprocedure shall follow the regulations provided by the LERP
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