Home > 2.1 The competent bodies and their tasks > SERBIA - Joint Recommendations on the Laws on Parliamentary, Presidential and Local Elections and Electoral Administration
 
 
 
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Paragraph 67
 
67.  Previous OSCE/ODIHR Election Observation Mission reports raise the issue of conflicting legal provisions for the appeal of decisions of the REC. It is reported that the new Law on Courts, adopted in 2001, transfers to the Court of Appeals and the Administrative Court a number of competencies that previously fell to the Supreme Court, including ruling on appeals against REC decisions. However, according to reports the Supreme Court has stated that it can continue to decide election complaints. The rationale given for this is that the Law on Parliamentary Elections is a lex specialis and leaves complaints in the exclusive competence of the Supreme Court. The OSCE/ODIHR and the Venice Commission recommend that, where necessary, the relevant legislation be amended to ensure that there is no question as to which court has the jurisdiction to decide appeals of decisions of the REC.