88. The OSCE/ODIHR EOM report on the 2002 partial municipal elections also highlighted a problem due to the failure of the law to prevent judges from serving both on an election commission and the municipal court. The highest appellate body under the election law for challenging appeals of decisions of a municipal election commission (MEC) is the municipal court. For the 2002 elections, the OSCE/ODIHR noted that the Presidents of the Municipal Courts of Bujanovac and Presevo also sat as permanent MEC members. In fact, the President of the Bujanovac Municipal Court also held the position of Vice-President of the Bujanovac MEC (and, following the resignation of the appointed MEC President, the de facto President). Thus, the judges of the municipal court were being asked to rule on appeals from decisions of the MEC that had been taken by their President, which raised concerns regarding possible conflict of interest.
