Home > 5 Referendum/Consultation > SERBIA - Urgent Opinion on the Draft Law on the Referendum and the People's Initiative
 
 
 
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Paragraph 61
 

Article 67.7 foresees that if the competent electoral commission does not decide on the complaint within the deadline (48 hours), the complaint will be “considered as adopted”. This consequence is difficult to understand, and the law should be clarified. If the complaint is on a decision by an electoral commission, the outcome may be its invalidity, but if the complaint concerns campaigning by other persons, it requires an action by the commission in relation to campaigning or campaign financing. In addition, if the election commission is overloaded with complaints, a strict deadline may lead to a situation where the results of the referendum cannot be ascertained at all. While the electoral commissions should decide on the complaints quickly, the violation of the deadline should not be considered as a decision on the complaint. The Serbian authorities informed the Commission that in practice the deadline was always respected. However, the Venice Commission recommends reconsidering this provision.