Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006The Law on referendum regulates the matter of referendum campaigningpoorly. In order to fill in these blanks, Regulation 42 180 stipulates that allmatters not regulated by this law, the solutions from the Law on the electionof parliamentary representatives are applied 181 . Practically this means thatthe solutions from the Law on the election of parliamentary representativesare applied in all the cases where there are legal gaps. However, RIK ignoredthis rule.In this way, by the decision of RIK from October 23 rd , 2006, an “attitudewas assumed“ that there will be no pre-election silence and that the citizenswill be summoned to the referendum on 28 th and 29 th , October 182 . TheLaw on the election of parliamentary representatives, which is applied onthis occasion, because the matter had not been regulated by the Law onreferendum, regulates in Paragraph 5 that pre-election silence is obligatory48 hours before the elections, as well as on the day of the elections 183 . RIKhas no right, especially discretional right, to determine whether they will orwill not obey a regulation of the law. It is legally unfounded and against thelaw that an administrative organ should “assume an attitude“ on whetherto obey the law or not.The situation is similar with other regulations stipulated by the Law onthe election of parliamentary representatives. By the decision of RIK, allobjections to the referendum process were rejected 184 . Among other things,RIK did not consider that voting without documents is a violation 185 , norvoting in the name of family members 186 , the presence of propagandamaterial in the vicinity, or even at the voting station 187 , the presence ofuniformed police officers 188 , etc 189 . For these reasons the voting in those180 Article 42 of the Law on Referendum, see above under 8181 The Law on the election of parliamentary representatives, see above under 9182 The eighty-sixth conference of RIK, October 23 rd , 2006, available at the website: http://www.rik.parlament.sr.gov.yu/cirilica/sednice_frames.htm, visited on November 24 th , 2006183 The Law on the election of parliamentary representatives , Article 5, Paragraph 3, see above under 9184 RIK dismissed several objections, November 1 st , 2006, B92, website: http://www.b92.net/info/vesti/u_fokusu.php?id=122&start=15&nav_id=218128, visited on November 14 th , 2006185 Forbidden by Article 68, Paragraph 2 of the Law on the election of parliamentary representatives, see aboveunder 9186 Ibid, Article 55, Paragraph 1187 Ibid, Article 55, Paragraph 4188 Ibid, Article 58, Paragraph 5189 On specific irregularities see: The report on scheduling and conducting the referendum by the LiberaldemocraticParty, available at the website: http://www.cedajovanovic.com/code/navigate.php?Id=618, visitedon November 24 th , 2006; The report of four non-governmental organizations: Analysis of the irregularitiesduring the referendum process, available at the website: http://www.yihr.org/english/Reports/Documents/Analysis%20of%20Irregularities%20that%20Occurred%20During%20Referendum.pdf, visited on November 24 th ,2006 and CESID, The Report on the Referendum, available at the website: http://www.cesid.org/articles/download/files/Izvestaj_o_referendumu_final.doc?id=37,visited on November 24 th , 200654