Home > 3.3 Mixed systems > 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 59
 

The size of the EMBs, during the campaign period, depends partly on the number of electoral contestants, which may be considerable. The rules of appointment of EMB members in the extended composition are also quite complicated, and the existence of two different types of compositions of EMBs complicates their regulation (e.g., possible confusion in terms of quorum) and work (the process of reaching consensus, collegiality). Moreover, the use of extended composition introduces an additional cost and may pose challenges to the transparency of the election day process (for example, in case of overcrowding at the polling premises of LECs). The Venice Commission and ODIHR recommend, in a reform of the electoral legislation, reviewing the justification and methods of functioning of the extended composition. At a minimum, it could be considered that the political parties that are already present in the standing compositions (the parliamentary parties) need not also be present in the extended formations. It should be noted, however, that the extended compositions are the only vehicle for the electoral contestants to observe and oversee the election process because the election legislation in Serbia does not include the possibility of party proxies or party observers. Therefore, any modifications to the system of extended EMB compositions must bear in mind one of the primary ideas behind their existence in the first place, i.e., the possibility of observing and overseeing the election process unimpeded.