LOCAL ELECTIONS IN BELGRADE AND NIŠ IN 2024

(UN)ATTAINABLE ELECTORAL JUSTICE BEFORE HIGHER COURTS

Abstract

Sound electoral justice mechanisms are the ultimate guarantee for free and fair elections. Previous experiences in resolving electoral disputes in Serbia are not a testament that electoral justice has been achieved. The 2024 local elections in Serbia warrant special attention, because, in some Serbian towns and municipalities, pursuant to legislative interventions, ordinary courts were in charge of adjudicating electoral disputes for the first time since 2011. This paper focuses on local elections, recognising their relevance for voters, as they concern the level of government closest to citizens. The authors posit that international standards of judicial protection of electoral rights should also apply to local elections. With that in mind, they seek to answer whether and to what extent the legislative interventions concerning electoral law implemented in Serbia during 2022 and 2024 are in line with international standards, and to what extent these standards are observed in practice. The paper employs normative, comparative and empirical methods. Using the normative and comparative methods, relevant international standards are briefly presented and the changes to the normative framework in Serbia are analyzed from the point of view of compliance with these standards. Empirical research is used to analyse the number and structure of court decisions to determine the extent of protection of electoral rights provided. Content analysis is used to ascertain the extent to which international standards were respected in jurisprudence. Analysis is limited to local elections in Belgrade and Niš; both cases concern local elections in cities where election results gave rise to debates and controversy.