Electoral rules in Serbia and the European standards on universal suffrage

Autor: Nastić Maja
Jazyk: English<br />Serbian
Rok vydání: 2014
Předmět:
Zdroj: Zbornik Radova Pravnog Fakulteta u Nišu, Vol 2014, Iss 68, Pp 187-206 (2014)
Druh dokumentu: article
ISSN: 0350-8501
2560-3116
DOI: 10.5937/zrpfni1468187N
Popis: Elections are the most important form of citizens' participation in political decision-making processes in every state. Electoral rules shape the electoral democracy as an essential component of democracy. Elections are the basis for government legitimacy and the cornerstone of democracy, providing that they are organized on the following principles: universal and equal suffrage; free, personal and direct voting by secret ballot. The subject matter of this article is the principle of universal suffrage in the electoral rules in Serbia and its compliance with the European standards. The electoral legislation in Serbia is not homogeneous and it is contained in several legislative acts. The Act on the Election of Members of Parliament is the basic legislative act which regulates the matter of parliamentary elections. The Presidential and local elections are regulated by separate legislative acts, which (along with the Act on the Unified Register of Voters) regulate the substantive and procedural framework of Serbian electoral law. Within the framework of European electoral standards, the author explores the relevant provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 3 of Protocol No. 1), the OSCE documents (primarily the Copenhagen Criteria) and the Code of Good Practice in Electoral Matters, adopted by the Venice Commission. The author analyzes the national electoral rules and how they provide for the exercise of the principle of universal suffrage, i.e. the right of each citizen to vote and to stand for election, including the envisaged restrictions to this right. Bearing in mind that the universal suffrage right may be exercised only if the state ensures that the electoral register is regularly and efficiently updated, the author specifically focuses on the voters' registration. The exercise of the universal suffrage right will also be considered in terms of candidacy for an MP position. The provided analysis should point out to the degree of compliance of the national electoral rules with the European electoral standards. After identifying the deficiencies, the author will discuss possible ways of eliminating the shortcomings.
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