Home > 5.4 Effects of the referendum > SERBIA - Urgent Opinion on the Draft Law on the Referendum and the People's Initiative
 
 
 
Download file    
 
 
Paragraph 25
 

The translation of Article 2.4 provided to the Venice Commission gives the impression that the majority of registered voters is required for the adoption of a question submitted to referendum. However, according to the information provided by the Serbian authorities and other stakeholders, the draft law actually does not require any quorum for the validity of referendums, a majority of those voting sufficient (Article 2.4 and 5). This is a positive change vis-à-vis the existing legislation and the draft law of 2009, in line with the Guidelines (III.7.ii) and the recommendations of the Venice Commission in its previous opinion to abolish the quorum. Moreover, the constitutionality of any quorum is doubtful in Serbia.