Home > 1.2 Equal suffrage > 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 140
 

The current system of national minority status for electoral lists does not guarantee the representation of all national minorities. In particular, the Council of Europe’s Advisory Committee on the Framework Convention for the Protection of National Minorities has stated that the current system benefits mainly a few larger minorities and has recommended a revision. In this respect, a system of reserved seats for national minorities, which is found in several other European countries, could be considered, as an alternative to the system of privileged candidacy and seat allocation quotas. Reserved seats would guarantee representation also for some smaller minorities and would also be less prone to abuse compared to the current system. The system of reserved seats would also ensure the stability of representation of minorities, given that the republic is one constituency for the purpose of parliamentary elections, and the coefficients for the seat allocation quotas, by itself, might not adequately protect the rights of minorities which are geographically concentrated. Another option could be to allocate the mandate to the national minority list with the highest number of votes, even if any of the lists from a particular minority failed to win any seats, in case the sum of all votes for the same national minority would lead to winning a seat. That will prevent the waste of minority votes if these are spread on different national minority electoral lists.