New electoral laws in Serbia: Cosmetic or substantive changes?

Praise from Brussels and criticism from the opposition and election observers have accompanied the adoption of amendments to four electoral laws in Serbia.

The amendments were adopted at the proposal of MPs from the ruling Serbian Progressive Party (SNS), who say the changes fulfil recommendations made by the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co-operation in Europe aimed at improving electoral conditions.

European Commissioner Marta Kos welcomed the amendments as “a first step towards free and fair elections”, while opposition parties and observers in Serbia argue that they address only five out of ODIHR’s 25 recommendations, leaving the most crucial problems in the electoral process untouched.

“These are cosmetic rather than substantive amendments,” Raša Nedeljkov told Radio Free Europe/Radio Liberty.

Previous elections in Serbia, won by the SNS, were accompanied by allegations from domestic and international observers of irregularities such as the organised transportation of voters to polling stations, vote-buying, and physical attacks on observers and journalists. While the authorities reject these allegations, the most recent local elections, held in March in ten municipalities across Serbia, were marked by incidents and a visible police presence on the streets.

What has changed?

Parliament adopted amendments to the Law on the Election of the President of the Republic, the Law on the Election of Members of Parliament, the Law on Local Elections, and the Law on the Constitutional Court.

Among the key changes is an amendment to the Law on the Election of Members of Parliament, according to which “a voter may support multiple electoral lists with their signature”, whereas previously a voter could support only one list.

The introduction of this rule was included among ODIHR’s recommendations.

The office proposed the measure on the grounds that it would “further promote pluralism in the electoral process and freedom of association”.

Raša Nedeljkov from the CRTA observation mission assessed that there is a risk the amendment could be abused “to create phantom lists and electoral manipulation”. He added that this was one of the few recommendations opposed by CRTA even after the 2023 elections in Serbia, when the ODIHR mission published its report. Nedeljkov also said that the possibility of signing in support of multiple electoral lists is an international standard, but added that observers had for years recorded examples of fake electoral lists.

What does the government say?

Speaker of Parliament Ana Brnabić, a member of the ruling Serbian Progressive Party, stated that the government had also been “against the recommendation allowing one citizen to sign for multiple lists”, but added: “We consulted the European Commission on the matter, and Brussels supported it,” Brnabić said, responding to accusations from opposition MPs that the move “legalises fake electoral lists”.

Her party colleague Biljana Pantić Pilja said during the parliamentary debate that the authorities were implementing ODIHR recommendations through these amendments. “By adopting these draft laws, the number of fulfilled recommendations will increase, and we will probably fulfil all the recommendations,” she said.

Opposition MP Movement of Free Citizens representative Ana Oreg argued that the ruling majority was adopting only “the technical and least important” of the 25 recommendations. “The abuse of public office during campaigns remains, captured media remain, and the electoral register that citizens do not trust remains,” Oreg said.

Brussels welcomes the amendments

The day after the vote in the Serbian parliament, European Commissioner for Enlargement Marta Kos stated that this was an important first step towards free and fair elections.

Writing on the social media platform X, she said that the EU would continue close cooperation with the Serbian authorities in order to adopt the two key remaining laws concerning anti-corruption measures and the financing of political activities.

What are the ODIHR recommendations?

The ODIHR office of the Organization for Security and Co-operation in Europe published a document in February 2024 containing 25 recommendations for Serbian authorities aimed at improving electoral conditions. The list includes seven priority recommendations and 18 “other recommendations”. Among the priority recommendations are the revision of the electoral register, the prevention of abuse of office and state resources, and the prevention of intimidation and pressure on voters, including employees in public and state institutions and companies.

These recommendations are not part of the adopted legislative amendments.

The report also suggests that the independence of the Regulatory Authority for Electronic Media (REM) must be guaranteed, and that the body should “proactively use its legal powers” in cases of violations of media regulations during election campaigns. “Those issues remain completely untouched, just like media freedoms, the misuse of public finances and institutions during campaigns, and the electoral register. Without addressing these matters, we cannot speak of equal, fair and free elections,” said Raša Nedeljkov.

Parliamentary elections in Serbia were held in December 2023 and were won by the Serbian Progressive Party.

In its report, ODIHR stated that those elections were characterised by unfair conditions for participants, intimidation, pressure on voters and public sector employees, campaigning by public officials, and the misuse of public resources. In the meantime, several local elections have also been held, likewise accompanied by incidents.

In the most recent elections, held in March, the ruling Serbian Progressive Party declared victory in all ten municipalities.

(Radio Free Europe, 21.05.2026)

https://www.slobodnaevropa.org/a/izbori-zakoni-srbija-odihr-preporuke/33762017.html

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