Implementation of Transitional Laws in Serbia 2006

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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
Implementation of Transitional Laws in Serbia 2006voting stations should have been revoked. However, RIK did not evenaccept objections from a voting station where it was recorded that a personvoted on someone else’s behalf, without checking the documents andmaking the wrong marking with the voting spray 190 .One of the members of RIK, Dobrivoje Glavonjic 191 , stated that thesurplus of voting sheets in a box after the voting is finished is not asignificant violation of the voting process 192 . This statement was metwith sharp reactions from the representatives of the civil sector and fromexperts 193 . RIK was also criticized for not enabling the members of theanti-referendum block to participate in controlling the process of voting 194 .The parliamentary parties The Civic Alliance of Serbia and the Social-Democratic Union, were given the right to name 0.8 and 0.4 per cent of themembers of the election boards 195 . Such a way of determining the numberof members in the election boards is a mockery of democratic proceduresand an obvious violation of the basic principles of the multi-party system.It is inadmissible for any member of the election or referendum process tobe allowed to control all voting places.The non-governmental organization which has for years been dealing withmonitoring the election processes in Serbia, the Center for Free Electionsand Democracy (CESID) 196 , stated that this is the worst organized voting inSerbia since the year 2000, and represents two steps back 197 . Concerning themistakes and rough violations of the law by the members of RIK and theRegional Election Committees and Election Boards, the Public Attorney’soffice had not filed a single complaint.190 The complete footage can be seen on the website: http://www.cedajovanovic.com/code/navigate.php?Id=2,visited on November 14 th , 2006191 Dobrivoje Glavonjic is famous for punishing the media at the time of the rule of Slobodan Milosevic,see the announcement of NUNS and NDNV, October 11 th , 2006, available at the website: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=10&dd=11&nav_category=11&nav_id=215032&fs=1, visited onNovember 24 th , 2006192 The decision of RIK explained, B92, October 27 th , 2006, website: http://www.b92.net/info/vesti/u_fokusu.php?id=122&start=45&nav_id=217466,visited on November 24 th , 2006193 CESID: Irregular or illegal, B92, October 24 th , 2006, website: http://www.b92.net/info/vesti/u_fokusu.php?id=122&start=60&nav_id=216728, visited on November 24 th , 2006194 See the announcement of the Civic Alliance of Serbia available at the website: http://www.gradjanskisavez.org.yu/srp/saopstenja.php, visited on November 13 th , 2006; and the report on scheduling and conducting thereferendum by the Liberal-democratic Party, available at the website: http://www.cedajovanovic.com/code/navigate.php?Id=618,visited on November 25 th , 2006195 RIK, Decision number: 014-182/06, adopted on October 13 th , 2006196 More about this organization on the website: www.cesid.org, visited on November 25 th , 2006197 CESID: Two steps back, B92, October 31 st , 2006, website: http://www.b92.net/info/vesti/u_fokusu.php?id=122&start=30&nav_id=217972, visited on November 25 th , 200655
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Implementation of Transitional Laws in Serbia 2006

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