Izbori u domaćem i stranom pravu
Elections in Domestic and Foreign Law
Contributor(s): Oliver P. Nikolić (Editor), Vladimir Đurić (Editor)
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Public Administration, Public Law, Government/Political systems, Electoral systems, EU-Legislation
Published by: Institut za uporedno pravo
- Print-ISBN-13: 978-86-80059-78-5
- Page Count: 298
- Publication Year: 2012
- Language: Serbian
Pasivno biračko pravo (poslanička sposobnost)
Pasivno biračko pravo (poslanička sposobnost)
(Passive Voting Right (Deputies’ Capacity))
- Author(s):Marijana Pajvančić
- Language:Serbian
- Subject(s):Constitutional Law, Electoral systems
- Page Range:11-25
- No. of Pages:15
- Keywords:voting right; candidates nomination right; parliamentary incompability; free mandate of the deputies
- Summary/Abstract:The Paper is focused to the passive voting right, i.e. Deputies’ capacity, as it is also called. The author discusses the contents and nature of passive voting right, as one of the the general citizens’ right to participate in the performance of public affairs and citizens’ right to the equal availability to public functions including the right of the citizens to retain and enjoy their office, under the same conditions as the other candidates, without any form of discrimination and the right of passive voting right protection. The subject of the analysis are also the objects of the passive voting right and the conditions for that right achievement, and parliamentary incompatibility.
Izborni sporovi u nadležnosti Ustavnih sudova
Izborni sporovi u nadležnosti Ustavnih sudova
(The Electoral Cases in the Competencies of the Constitutional Courts)
- Author(s):Dragan Stojanović
- Language:Serbian
- Subject(s):Constitutional Law, Electoral systems
- Page Range:26-50
- No. of Pages:25
- Keywords:The Constitutional Court; Electoral Dispute; Electoral rights; Parliamentary mandate; Normative control; Constitutional complaint
- Summary/Abstract:In the representative government the function of resolving disputes arising from electoral process is necessary. The settlement of electoral disputes is the primary jurisdiction of the regular and administrative justice, but to some extent, as an appellate or subsidiary competence is delegated to constitutional courts. Afther a comparative analyses of the competences of constitutional courts in resolving electoral conflicts, including disputes on termination of parliamentary mandate, the author presents the role of the Serbian Constitutional Court in this field. All forms of jurisdiction of the Constitutional Court which have direct or indirect effect on resolving the electoral disputes are analyzed, especially the normative control of the electoral rules, deciding on requests for enforcement of the decision which are issued in judicial review, as well as constitutional complaints lodged for violation of electoral rights guaranteed by the Constitution.
Političke partije kao generator korupcije
Političke partije kao generator korupcije
(Political Parties as a Generator of Corruption)
- Author(s):Jovan Ćirić
- Language:Serbian
- Subject(s):Electoral systems, Corruption - Transparency - Anti-Corruption
- Page Range:51-75
- No. of Pages:25
- Keywords:GRECO evaluation; financig political parties; trading of mandate; morality; corruption
- Summary/Abstract:To go in for politics, first of all, you need money. For the last election campaign in the USA it was spent more then 2 bilions of dollars. That fact by itself, speaks very much about different topics, about the relation between money and politics. In Serbia you do not need such a big amount of money, for the election campaign, but all problems about the relation between money and political parties are more obscure than they are in the USA. Bearing in mind that, the organization of the Councill of Europe for the fight against corruption, GRECO in the second evaluation of the situation in Serbia, found that the activity of political parties influences very much on the growth of the corruption. The word is about financing of political parties. That field of social life was completely unregulated for many years and nobody asked the simple question: how did you get money? In the time of Milošević, many political parties were financed from abroad and in the great part of publicity it was considered as something normal, legal, and positive. Because of that it is very difficult to say: it was OK yesterday, but now, today, it is not normal, it is not legal, it is not alowed to be financed from abroad. On the other side, great problem is the problem of sanctions against political parties. The question is how to punish one political party. The political liability and moral sanction are not effective. This article deals also with the problem: who is the owner of the mandate – the political party or the individual, the representative, the member of Parliament. Few years ago, the Serbian Constitutional Court decided that the mandate belongs to individual and not to the political party. That decision is in accordance with European standards, but new phenomenon, problem raises from that – the trading of mandates. There is also the problem of vote-buying – is it something illegal or not? It is legal problem – some kind of a fraud, but the biggest problem is moral problem. Politicians today are in the focus of publicity and it has great implications on the moral situation, on the moral crisis in one society. What is allowed to ordinary people, could not be allowed to politicians, said Aristotel. So, in this article, the author speaks about three groups of problems of political corruption – 1) financing political parties; 2) trading of mandate and vote-buying; 3) the negative influence of politician's behaviour on the social morality and the raising of general corruption.
Izborna lista u srazmernom predstavništvu - iskustvo Srbije
Izborna lista u srazmernom predstavništvu - iskustvo Srbije
(The Electoral List in Proportional Representation - The Serbian Experience)
- Author(s):Irena Pejić
- Language:Serbian
- Subject(s):Constitutional Law, Electoral systems
- Page Range:76-93
- No. of Pages:18
- Keywords:electoral list (closed and open); proportional representation; Serbian electoral law
- Summary/Abstract:The model of electoral list in the proportional electoral system of the Republic of Serbia, which was applied in parliamentary elections until the change in the electoral legislation in 2011, is completely unknown in comparative systems. Pursuant to this model, the voters were obliged to vote for the list as a whole, without being able to express their individual preferences towards any candidate, whereas the political parties enjoyed absolute freedom in the personal distribution or allocation of individual seats by selecting candidates from the electoral list. This regulatory framework has created a deformed content of "free choice" (which is guaranteed to political parties but not to voters); consequently, the system assumed the characteristics of indirect elections. After nearly a decade of applying a surrogate of the closed electoral list in the constitutional system of Serbia, the amendments of the national electoral legislation instituted the traditional model of a closed electoral list, which provides minimum guarantees to citizens in terms of personal choice of representatives and the composition of the National Assembly. However, a new legal solution which stipulates that the mandates shall be allocated according to the established order of candidates on the electoral list may cause unfavorable effects in the proportional electoral system with a single constituency in the Republic of Serbia. In the current circumstances, the applied model of a closed electoral list is inconsistent with the principle of equal electoral rights of citizens because it lays down treacherous grounds for unauthorized entry of various unlawful instruments in the course of candidate nomination.
Zakon o izmenama i dopunama zakona o izboru narodnih poslanika od 2011 – da li je poslanički mandat konačno slobodan?
Zakon o izmenama i dopunama zakona o izboru narodnih poslanika od 2011 – da li je poslanički mandat konačno slobodan?
(The Law on Altering and Amending the Law on Election of Deputies of 2011 – Is the Mandate of Deputy Finally Free?)
- Author(s):Vladan Petrov
- Language:Serbian
- Subject(s):Constitutional Law, Electoral systems
- Page Range:94-106
- No. of Pages:13
- Keywords:the juridisation of the relation betweena a deputy and a political party. – the free mandate. – the Law on Altering and Amending the Law on Election of Deputies of 2011. – Article 102; paragraph 2. –
- Summary/Abstract:Although very important, the Law on Election of Deputies is a plain, not a constitutional law. In the period since 1992. to 2003, this law had a peculiar purpose to enable the juridisation of relation between a deputy and a political party. Instead of the explicit proclamation of free mandate, as an essential principle of constitutional democracy, the Constitution of Serbia of 2006 has created a legal basis for establishing the party imperative mandate (Article 102, paragraph 2). The Law on Altering and Amending the Law on Election of Deputies of 2011, drafted on the basis of recommendations from the Venice Commission, is an attempt to “neutralize“ the bad solution of the Constitution. However, in order to “Gordian Knot“ of the nature of the mandate of deputy loosened, the Constitution must explicitly proclaim the free mandate. Until then, the dillema about the nature of parliamentary mandate in the Republic of Serbia will remain open.
Elektronsko glasanje
Elektronsko glasanje
(Electronic Voting)
- Author(s):Dragan Prlja
- Language:Serbian
- Subject(s):Constitutional Law, Electoral systems
- Page Range:107-118
- No. of Pages:12
- Keywords:Electronic Voting; Law; Comparative Law; Internet Law
- Summary/Abstract:E-voting is a new and rapidly developing area of policy and technology. Standards and requirements need to keep abreast of, and where possible anticipate, new developments. Common law standards on e-voting, which reflect and apply the principles of democratic elections and referendums to the specificities of evoting, are key to guaranteeing that all the principles of democratic elections and referendums are respected when using e-voting, and thus to building trust and confidence in domestic evoting schemes. The set of standards consists of the legal, operational (mainly relating to organisational and procedural matters) and core technical requirements for e-voting. The legal standards are intended to apply the principles of existing Council of Europe (Recommendation Rec(2004)11 adopted by the Committee of Ministers on 30 September 2004) and other international instruments relating to elections, to e-voting.
Glasanje putem pošte sa posebnim osvrtom na glasanje dijaspore – uporedno pravna analiza
Glasanje putem pošte sa posebnim osvrtom na glasanje dijaspore – uporedno pravna analiza
(Voting by Mail with a Special Emphasis on the Diaspora Vote – Comparative Analysis)
- Author(s):Oliver P. Nikolić
- Language:Serbian
- Subject(s):Electoral systems
- Page Range:119-132
- No. of Pages:14
- Keywords:Election; Voting by mail; Postal voting; Distance voting; Voting from abroad
- Summary/Abstract:Voting by mail, although the outcome of new age, is becoming increasingly present in today's electoral life in many countries. This method of voting would not be possible unless the institutions of the postal service worked perfectly and enjoyed full confidence of all voters. Voting by mail has been introduced primarily in order to facilitate voting process and increase voters’ turnout at the polls. Postal voting has several advantages over traditional polling. First, it is cost effective. Second, it has resulted in increased participation among voters, especially large among persons without cars, the elderly, handicapped, or those who live at great distances from the polling place, including the diaspora. Third, it is easier for election officials to conduct. Fourth, it gives voters a longer opportunity to study the ballot and find answers to their questions. Unfortunately, disadvantage of such voting method is potential mishandling such as, firstly, the influence of other people on electoral will of the voters, then, voters' justified doubts because they are obliged to provide their personal data on the occasion of voting. The introduction of voting by mail, as an alternative form of voting, does not mean the elimination of the traditional means of voting at the polling place, but only its upgrading and improvement.
Izbori i delotvorno učešće nacionalnih manjina u javnim poslovima
Izbori i delotvorno učešće nacionalnih manjina u javnim poslovima
(Elections and the Effective Participation of National Minorities in Public Affairs)
- Author(s):Vladimir Đurić
- Language:Serbian
- Subject(s):Electoral systems, Ethnic Minorities Studies
- Page Range:133-161
- No. of Pages:29
- Keywords:Elections; Effective Participation; Public Affairs; National Minorities; Affirmative Action Measures
- Summary/Abstract:In this paper the author analyses the possibilities of effective participation of national minorities in public affairs through the existing electoral models. The effective participation of national minorities in public affairs in Republic of Serbia is facilitated in two ways - through the affirmative action measures in electoral legislation for all levels of elections, and through self – government (cultural autonomy) of national minorities in the fields of the use of language and script, education, information and culture in which the national minorities are represented by their national councils. The conclusion is that the affirmative action measures ensure the effective political participation of national minorities, especially through removal of electoral threshold for the state and local elections, but they are not uniform, and the result of the combination of majority and proportional elections for the Assembly of Vojvodina can be that national minorities are under or over – represented in that body. The elections for national councils are based on hybrid solution – the combination of direct and indirect elections. That creates the unsustainable model which is not based on the principles of the rule of law and on international or comparative standards of minority protection.
Izbori za Evropski parlament
Izbori za Evropski parlament
(Elections to the European Parliament)
- Author(s):Jelena Ćeranić Perišić
- Language:Serbian
- Subject(s):Electoral systems, EU-Legislation
- Page Range:162-179
- No. of Pages:18
- Keywords:elections; European Parliament; European Union; European Political Parties; voter turnou
- Summary/Abstract:The paper deals with elections to the European Parliament. The Parliament is composed of 736 Members who represent the second largest democratic electorate in the world (after India) and the largest trans-national democratic electorate in the history (375 million eligible voters in 2009).http://en.wikipedia.org/wiki/European_Parliament - cite_note-2 The Parliament has been directly elected every five years by universal suffrage since 1979. After introductory notes with regard to the development of the European Parliament, the first part of the article is dedicated to the legislation regulating the EP elections. While there are some pieces of EUlevel legislation, the elections are still administrated according to each EU Member State’s Rules, making the EP elections 27 different nationally administrated elections to a supra-national assembly. The special attention is paid to the number of seats in the EP. The seats are distributed according to "degressive proportionality", meaning that the larger the state, the more citizens that are represented per Member of the EP. In the second part of the article the author analyses European Political Parties and Political Groups. Members of the EP are organized into seven different parliamentary groups, including non-attached Members known as non-inscrits. The two largest groups are the European People's Party (EPP) and the Socialists & Democrats (S&D). The third part of the article is dedicated to the Election campaigns and Awareness- Raising by the European Political Parties. Within the concluding observations, the author sums up presented observations and especially emphasizes the importance of increasing voter turnout.
Organi nadležni za sprovođenje izbora – pojam i oblici izborne administracije (uprave) u Srbiji
Organi nadležni za sprovođenje izbora – pojam i oblici izborne administracije (uprave) u Srbiji
(The Competent Authorities Responsible for the Conduct of Elections – Term and Types of Electoral Administration in Serbia)
- Author(s):Dejan Milenković
- Language:Serbian
- Subject(s):Public Administration, Electoral systems
- Page Range:180-207
- No. of Pages:28
- Keywords:public administration electoral bodies; election administration; electoral commissions; competence; organization
- Summary/Abstract:In each country, based uponon a democratic legitimacy of the authority which "pumps" through free and fair elections, a special structure of bodies competent to conduct the elections is appearing (electoral bodies). They are now often defined as one of the forms of “the authority of fourth power", and their number, structure, nature and competences depend on different national legislations. In Serbia, electoral bodies are numerous and depend on the internal territorial organization of Serbia and on the elections which are called for. In Serbia, but worldwide as well, these bodies are often called "the election administration”. The question that appears is whether this name is justified and whether it can or should be used. If we start from the "functions", i.e. from the work and activities of the state administration bodies according the present legal framework in Serbia, it becomes clearer that the electoral bodies are conducting the executive, professional and often the other activities of the state administration bodies. In this context, from the standpoint of the functional concept of the administration in a theoretical sense, which considers the "administrative bodies" as all entities that perform administrative activities, there is justification for the use of the term "the election administration", although this term, as well as the term public administration, is not positive-legal concepts in the Republic of Serbia.
Ljudska i izborna prava
Ljudska i izborna prava
(Human and Electoral Rights)
- Author(s):Katarina Jovičić, Anđelka Plavšić-Nešić
- Language:Serbian
- Subject(s):Human Rights and Humanitarian Law, Electoral systems
- Page Range:208-231
- No. of Pages:24
- Keywords:Human Rights; Political Rights; Electoral Rights; Right to Vote; Legal Sources of Human and Electoral Rights
- Summary/Abstract:Political rights provides citizens with participation in the political life of the state and public affairs. In the group of political rights the most important place undoubtedly belongs to the electoral rights, which allows citizens to express their will in that process directly and/or through elected representatives. These are fundamental human rights, proclaimed and protected by numerous documents and the determination of human rights, their evolution, the basic principles and their classification are subject of the first part of this work. The subject of second part of this paper is electoral right, which is viewed as a set of rights that citizens realise during the elections, so this issue was treated by considering the right to vote or to be elected, as well as other special rights that constitute its content. The electoral rights proclaim the very first historical declarations on human rights and freedoms and today it is governed by international agreements and relevant legislation within the state. Sources of human and electoral rights are subject to the third part of this paper, which presents the most important universal and regional systems of protection of human and electoral rights, as well as sources of those rights in Serbia. Bearing in mind that international sources of human and electoral rights are not in the same form and that they have different legal effect, it is pointed out to their most significant differences.
Crtice sociološkopravne analize našeg izbornog postupka
Crtice sociološkopravne analize našeg izbornog postupka
(Some Legal-Sociologal Remarks Regarding the Elections in Serbia)
- Author(s):Luka Breneselović
- Language:Serbian
- Subject(s):Constitutional Law, Electoral systems, Sociology of Law
- Page Range:232-239
- No. of Pages:8
- Keywords:Elections; Law in Action; Serbia
- Summary/Abstract:An important feature of election rules for the Serbian parliament, which are also applied for other types of political elections, is an intended disciplinary mechanism of the provisions, which shall be applied in the case of some imperfections. In more than just a few cases, it is proscribed by law that voting must be repeated in each basic electoral unit, where some listed mistakes or imperfections have occurred. However, this is not what actually happens in action. While each basic electoral unit has its own local electoral board, the imperfection is ought to be revised and imposed with sanction by the state electoral committee (Republic electoral commission). Instead to be instantly revised by the state commission, it has been noticed that imperfections tend to be initially proven by local electoral boards. If those boards find that an imperfection has no significant meaning, the imperfection will be – from than on – ignored. In that case, the voting remains formaly unchallenged and therefore fully valid; it will be neither canceled, nor repeated.
Odnos građana i narodnih poslanika nakon izbora
Odnos građana i narodnih poslanika nakon izbora
(Relation between Citizens and MPs After Elections)
- Author(s):Slobodan Vukadinović
- Language:Serbian
- Subject(s):Public Administration, Electoral systems, Political behavior
- Page Range:240-272
- No. of Pages:33
- Keywords:Elections; voters; citizens; public hearings; proposals; assembly working body sessions out of the Parliament headquarter; MPs’ offices in provinces; right to propose law
- Summary/Abstract:Although elections enable voters to shape the political structure of a representative body, the conduct of elections should not be the end - but the beginning of continuous communication between the citizens and parliamentarians. Therefore, the goal of this article is to explore and identify institutes, which would facilitate the relationship and communication between citizens and members of parliament after elections. The focus of the paper is on the analysis of the Serbian parliamentary practice, and the assessment of the implementation of the institutes of Parliamentary Law, while indicating their implementation through the current practice at the National Assembly of the Republic of Serbia. In addition to public hearings, assembly working body sessions out of the Parliament headquarter, opening of the MPs’ offices in provinces, submission of the applications and proposals, citizens’ participation in the legislative process, the paper points out important problems that, in the Serbian parliamentarian practice, prevent, the realization of constitutional right of voters to propose laws. The article observes the tendency, dominated in the last few years, that endeavors to “open” the National Assembly (as an institution) to the citizens, according to the good practice implemented and proved in foreign parliaments. However, this does not imply an adequate contact between citizens and Members of Parliament (individually). After indicating the standards of the Inter-Parliamentary Union and results of recent global surveys, the conclusion of the paper identifies opportunities for further parliamentary development that would support the improvement of relations between citizens and their representatives in the Parliament after the elections.
Istorijat izbora u Kneževini i Kraljevini Srbiji
Istorijat izbora u Kneževini i Kraljevini Srbiji
(History of Elections in the Principality and the Kingdom of Serbia)
- Author(s):Miroslav Đorđević
- Language:Serbian
- Subject(s):History of Law, Political history, Electoral systems
- Page Range:275-285
- No. of Pages:14
- Keywords:elections; elective systems; election laws; parliament; constitutions of Principality (Kingdom) of Serbia
- Summary/Abstract:The election of delegates in Serbia in the 19th century developed gradually. It has evolved from the elections regulated by the customs, to an advanced and democratic system of that time, like the one regulated by the Constitution of 1888 and the Election Law of 1890. The elections were often accompanied by political pressure of the authorities; therefore, big accomplishments achieved through Serbia’s constitutional history, were exclusion of the police from the election process, establishment of voters list, anonymous voting etc. The proportional elective system, introduced with the Constitution of 1888 was new at the time, and not yet applied in many other European countries. During the Principality and Kingdom of Serbia the general right to vote did not exist. Women and end entire categories of the population were excluded from voting. A property census existed all the time with varied values. Nevertheless, with the exception of the two-year validity of the Constitution of 1901, Serbia was tending to become a country with the parliamentary system, in which apart from the rule of the monarch, the sovereign people rule as well, through the representatives it has elected.
Izbori u zemljama Trećeg sveta
Izbori u zemljama Trećeg sveta
(Elections in the Third World Countries)
- Author(s):Milena Simić, Ivana Stradner
- Language:Serbian
- Subject(s):Electoral systems
- Page Range:289-299
- No. of Pages:11
- Keywords:elections; election systems; third world countries; Republic of South Africa; India; Mexico
- Summary/Abstract:This article analyzes whether elections in Third world countries have contributed to improvement of political economy and economic governance. Given great number of Third world countries, authors of this article have focused on analyzing election systems in two third world countries. Authors analyze elections in Republic of South Africa, India and Mexico because such countries are atypical representatives of third world countries due to their economic development and neoliberal democracy. Authors conclude that election models (types) do not necessarily reflect economic development in third world countries. In addition this article focuses on inadequacy of term Third world country i.e. on in-adequacy of criteria by which countries are classified as first, second and third world countries and new criteria for classification of countries is suggested.
