Home > 2.6 Campaign finance > SERBIA - Joint opinion on the constitutional and legal framework governing the functioning of democratic institutions - Electoral law and electoral administration
 
 
 
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Paragraph 15
 

The implementation of the legislation will be assessed with reference to the Parliamentary Assembly of the Council of Europe’s and the ODIHR’s election observation reports of the early parliamentary and presidential 2022 elections. These reports noted several shortcomings which led to breaches of the right to free elections as guaranteed by Article 52 of the Constitution of Serbia, Article 3 of the First Additional Protocol to the European Convention on Human Rights (ECHR), Article 25 of the 1966 ICCPR, as OSCE commitments as defined in paragraphs 5.1 – 5.4 and paragraph 7 of the 1990 OSCE Copenhagen Document and the Venice Commission Code of good practice in electoral matters. The International Election Observation Mission for the 3 April 2022 elections, which the Parliamentary Assembly of the Council of Europe joined, concluded that “a number of shortcomings resulted in an uneven playing field, favouring the incumbents. While fundamental freedoms were largely respected during the campaign, the combined impact of unbalanced access to media, undue pressure on public sector employees to support the incumbents, significant campaign finance disparities and misuse of administrative resources led to unequal conditions for contestants.” It further noted that “Election Day was smoothly conducted and peaceful overall but, despite solid preparations, was marked by a number of systematic procedural deficiencies related to polling station layout, overcrowding, breaches in the secrecy of the vote and numerous instances of family voting.” Some indications of serious irregularities were also observed, and the IEOM report states that “Instances of unauthorized persons keeping track of voters, voters taking pictures of their ballots and same persons assisting multiple voters when voting were observed in some polling stations.” All these practices are already prohibited, but more severe sanctions could be envisaged. It is, however, more important to implement the existing provisions rather than to introduce additional regulations that may not be implemented.