IV. Analysys and recommendations

H. Limits to campaign expenditure

The OSCE/ODIHR has called on the Serbian authorities in the past to consider establishing by law reasonable and justifiable limits to campaign expenditures.^[1] This would ensure that the free choice of voters is not undermined or the democratic process distorted by disproportionate expenditure on behalf of any party or candidate.[2] It would thus enhance the level playing field among contestants during the campaign, in line with good electoral practice.^[3] This recommendation is not addressed by the draft amendments and it is recommended that such a campaign expenditure limit be considered.

[1] OSCE/ODIHR Final Report of the Limited Election Observation Mission to the Early Parliamentary Elections of Serbia, 16 March 2014, p. 13.

[2] UN Human Rights Committee General Comment 25, The right to participate in public affairs, voting rights and the right of equal access to public service, para 19.

[3] Ibid.; see also OSCE/ODIHR-Venice Commission Guidelines on Political Party Regulation, paras 176-177, and Council of Europe Committee of Ministers Recommendation 2003 (4), Article 9. For more details on what such systems could look like, see the Guidelines at paras 196-197.