Useful, but insufficient suggestions from the dialogues on election conditions
Transparency Serbia points out that the proposals from the two inter-party dialogues on election conditions published so far do not offer clear solutions to some of the most important problems of election campaign financing and the use of public function to promote political entities. Bearing in mind that the precondition for improving the electoral environment is a change in regulations, and that there is less than half a year left until the beginning of the election campaign, there is a real danger that the changes will take place without a public debate. We remind you that in parallel with these dialogues, the working group of the Government of Serbia for cooperation with the OSCE/ODIHR in June this year has already sent the ODIHR a draft amendment to the Law on Financing Political Activities, which has not been published or presented for public discussion, although it is a legal obligation.
Draft working document dated 7.9.2021. developed by the EU Parliament facilitators[1], contains some useful but insufficiently elaborated proposals. As such, the proposal for the media to publish price lists of advertising in the election campaign can be pointed out. It would be equally important to have information on how to calculate the discount, but also clear rules or restrictions for broadcasting promotional materials free of charge. A major shortcoming of the EU parliamentarians' proposal is that it envisages the adoption of a binding rulebook only for RTS and RTV, and only a recommendation for private broadcasters. It is proposed that the rulebook stipulate "which activities of public officials during the election campaign may be considered abuse of their position." However, what is considered an abuse of public function can only be regulated by law. The rulebooks, which should apply to all media and not only to public services, could only regulate the manner of media coverage of the activities of public officials, in order to reduce the harmful effects of an intensive functionary campaign.
It is also insufficiently clear how a “temporary oversight body” consisting of REM representatives and members proposed by dialogue participants could oversee, given REM's legal competence over electronic media and the absence of legal competence of any state oversight body over compliance with obligations by other types of media. For the same reason, it is unclear what would be the consequences if the media monitoring shows out that reporting was unbalanced.
It is good that the proposal of the EU parliamentarians reminds of the need to improve the transparency of campaign financing, for which Transparency Serbia has already given numerous concrete proposals. However, when it comes to campaign financing, there are other, even more important issues that this document does not address - the need to change the way the campaign is financed, to regulate campaign financing by third parties and to improve control over compliance with campaign finance rules. The document proposes a reduction in the amount of allowed contributions for the campaign, while the limitation of the total campaign expenditures, for which there is a greater need, is mentioned only as a possibility.
Significantly, EU parliament facilitators are urging state authorities to provide full protection to whistle-blowers who would point out at the pressure which is on voters and public sector employees. As Transparency Serbia has already pointed out, it is necessary to specify which state authorities’ whistle-blowers should contact in such cases (e.g., REC, public prosecutor's offices, the Agency for Prevention of Corruption), that these bodies promote reporting of irregularities and provide secure channels of communication, and they are obliged to inform the public about the outcome of the examination of applications as soon as possible.
The same document reminds of the obligation for the media to inform the citizens about the election programs of the parties in an adequate way. However, there is currently no legal precondition for fulfilling this obligation - because election participants have no obligation to develop election programs at all.
When it comes to the "proposal of the agreement" which was allegedly offered to the participants in the dialogue without mediators from the EU Parliament[2], an interesting proposal is to limit one type of “functionary campaign” - organizing ceremonial openings or starting construction of infrastructure and other facilities. However, there is no justifiable reason for such a ban to apply only seven days before the election, nor to apply only to presidential candidates and MPs. Namely, the works on the infrastructure can be successfully started and completed without the presence of any politician, both in the election campaign and outside it. In addition, the monitoring of the functionary campaign that TS has been conducting regularly since the 2012 elections shows that public officials are intensifying promotional activities in a number of other ways that should be legally restricted.
The proposal to distribute 30% of the money from the budget equally to the participants in the elections would provide somewhat more equal conditions for the presentation of electoral lists (now, in this way, 20% is distributed for parliamentary and 50% for presidential elections). Transparency Serbia, however, reminds that the main problem regarding the distribution of budget money is not the percentages of distribution, but the fact that the purpose of budget allocations is not clearly defined. It would make sense for citizens to finance from the budget costs that are sufficient to enable each electoral list and candidate to be represented in a reasonable manner. In contrast, in the current system, how much each party will get depends on how many electoral lists there will be and what the total budget of the Republic, Province or municipality is, and on the future uncertain circumstance - the number of votes won.
The proposal to increase the remuneration of members of polling stations (from 1,500 to 2,000 dinars) can contribute to better control of elections by participants. However, in order to avoid a significant increase in budget expenditures, Transparency Serbia proposes that those parties that already delegate members of the permanent composition of the polling board do not have the right to appoint another member to the expanded composition of the polling board at the expense of the budget.
The proposals that Transparency Serbia submitted to all participants in this year's dialogues regarding campaign financing can be downloaded here:
https://www.transparentnost.org.rs/images/dokumenti_uz_vesti/Dopis_politickim_strankama_ucesnicima_dijaloga_o_izbornim_uslovima.pdf
Proposals regarding a number of other issues related to election conditions, which the TS gave during the Dialogue 2019, can be downloaded here:
- TS analiza: Pristup medijima i njihova kontrola - ključni problemi i moguća rešenja(August 2019, PDF)
- TS analiza: Finansiranje izborne kampanje u Srbiji – ključni problemi i moguća rešenja(August 2019, PDF)
- Transparentnost izborne administracije –pojedini problemi i moguća rešenja(August 2019)
- TS - prilog za okrugli sto Zaštita biračkog prava (September 2019)
[1] https://rs.n1info.com/wp-content/uploads/2021/09/07/1631047844-Nacrt-radnog-dokumenta-Medjustranacki-dijalog-7.9.21.docx-KONSOLIIDOVAN-SRPSKI.pdf
[2] https://www.euronews.rs/srbija/politika/15165/predlog-sporazuma-vlasti-i-opozicije-izbori-na-svim-nivoima-3-aprila/vest
News
Presentation of CPI 2022: Serbia fell below the hundredth place on the TI Corruption Perceptions Index world list
Serbia, with the Corruption Perception Index (CPI) of 36 fell by five places on the list - to the 101st position in the most significant global ranking of countries according to the perception of corruption in the public sector – CPI 2022. In the previous two years, Serbia had a CPI…
... detaljnije ...The appointment of the Agency's director is delayed; on what basis will MPs decide?
The programs of the three candidates for the director of the Agency for the Prevention of Corruption, among whom the National Assembly will choose, do not provide clear answers to all essential questions about the future work of this body. The procedure envisaged by the law does not imply the…
... detaljnije ...Government should be obliged to solve problems in the field of the fight against corruption and access to information
Transparency Serbia calls upon the Committee for Justice, State Administration and Local Self-Government to determine conclusions at today's session (Monday, 26.12.2022, from 2:30 p.m.) that would oblige the Government of Serbia to solve the problems pointed out in the annual reports of the Agency for the Prevention of Corruption and…
... detaljnije ...The Coalition expresses its concern about the growing non-transparency of institutions
On the occasion of marking the International Day of Access to Information and the Day of the Public's Right to Know, 28 September, the Coalition for Freedom of Access to Information of Public Importance states that the authorities in Serbia are increasingly non-transparent in their work. The right to access information…
... detaljnije ...A decade of violations of the Law on Public Enterprises
The Law on Public Enterprises (PE), adopted precisely ten years ago, did not bring the promised professionalisation of management but became a symbol of open mockery of the rule of Law. Out of 34 companies owned by the Republic of Serbia, obliged by the Law to elect directors in a competition…
... detaljnije ...Fight against transparency and competition instead of the fight against corruption
The International Anti-Corruption Day, December 9, found Serbia in stagnation or regression in almost all areas of importance for the fight against corruption, while among the work priorities of the new Government, there is no mention of anti-corruption plans. One could even say that the fight against transparency and competition, the…
... detaljnije ...The budget shows the consequences of the disastrous EPS management
Serbia's budget for 2023 is insufficiently transparent in the part that refers to the costs incurred due to the poor performance of public companies, primarily the Electric Power Company of Serbia (EPS), and citizens are still without the opportunity to influence priority investments. In its assessment of the budget proposal, the…
... detaljnije ...Law on ministries – explanation without explanation
With this year's amendments to the Law on Ministries, the bad tradition was not betrayed: the organisation of the executive power in Serbia is changed without an explanation of how it will affect the performance of the state administration. Understandably, this encourages speculation that the real reason for those changes…
... detaljnije ...The Government illegally appointed acting officials, and the court has not been resolving the lawsuit for declaration of nullity
More than three-quarters of the decisions of the Government of Serbia in 2020 on the appointment of acting officials in the state administration were illegal. In 30% of cases, the Government violated not only the Law on Civil Servants provisions but also the laws of physics, determining that officials would…
... detaljnije ...ODIHR Final Report on the elections in Serbia - Serious problems related to the abuse of public resources and campaign…
Transparency Serbia indicates that the ODIHR Observation Mission, in its Final Report on the April elections, confirmed the TS findings and warnings during the last procedure of amending the electoral legislation and monitoring the election campaign. The final report, published only in English on the ODIHR website, contains comprehensive findings…
... detaljnije ...
Illogical and flawed reports on election campaign expenses
More than two billion dinars were spent for the presidential and parliamentary elections campaign, of and only 6.5% came from contributions and donations. Transparency Serbia analyses individual financial submitted reports and noticed numerous illogicalities and deficiencies. More than one billion dinars, i.e. approximately half of the total costs of the campaign…
... detaljnije ...Decision on "national frequencies" without evaluation of mandatory criteria
The decision of the REM Council on the allocation of "national frequencies"[1] is disputed due to the non-application of one of the mandatory legal criteria - "respect for regulations and ethical media standards", but also because of how the Law on Electronic Media and the REM Rulebook govern the decision-making…
... detaljnije ...How will the budget money be distributed for the regular work of the parties, and what do the reports on…
The announcement of the results of the parliamentary elections, three months after they were completed in the vast majority of polling stations, will significantly change the parties' financial position. In the first half of 2022, about 691 million dinars from the Serbian budget were already distributed to parties based on…
... detaljnije ...Financing of the campaign for the presidential elections
First Analysis Reports Official reports on the financing of the campaign for the presidential elections confirm the findings of the apparent dominance of the candidates of the ruling party in relation to all others, which are a consequence of the legal rules on the distribution of funds from the budget for campaign…
... detaljnije ...Fifth Round of GRECO Evaluation: Important recommendations and chance to fulfil them this time
Transparency Serbia assesses that the fifth round of the GRECO evaluation contains several significant recommendations, the fulfilment of which could fundamentally improve the legal framework for the fight against corruption. At the same time, the new parliamentary convocation and the new Government of Serbia will have the opportunity to approach…
... detaljnije ...Unjustified delay in the preparation of the law
Transparency Serbia pointed out today that the ministries have not organized a public debate on any draft law since February. However, there are already significant delays in fulfilling obligations from strategic documents, including the Action Plan for Chapter 23 and the Media Strategy. The "technical government" can therefore only be seen…
... detaljnije ...Budget transparency in Serbia at the level of the global average
Serbia has made moderate progress and is in 59th place out of 120 countries in the international Open Budget Index (OBI) survey with 46 points out of a possible 100, which ranks it among countries with "limited budget transparency". An improvement of six points compared to the previous survey (from 2019)…
... detaljnije ...LTI 2022: Novi Pazar, Sombor and Sokobanja – Transparency Leaders
The most transparent local governments in 2022 are Novi Pazar, Sombor and Sokobanja, according to this year's survey of the Local Transparency Index (LTI 2022), which Transparency Serbia presented at today's press conference. The average transparency index of cities and municipalities in Serbia in 2022 is 49 points - one point…
... detaljnije ...Six years of delay in meeting GRECO recommendations
Transparency Serbia points out that official reactions from Serbia to the new GRECO report are inadequate concerning its content. Although GRECO stated in its report published on March 30, 2022,[1] that a more significant number of recommendations were met when compared to the recommendations from the previous one, it is…
... detaljnije ...Citizens pay 15.7 million euros for the election campaign
Citizens' money for elections The 2022 united presidential and parliamentary elections hit a record for the amount of money the Serbian citizens paid to get convinced by the parties to vote for their lists and candidates. This year, the total budget allocations, which most parties led together for both types of…
... detaljnije ...
Distinct media domination of the ruling party and candidates through a functionary campaign and paid advertising
Citizens who are interested in the amount and sources of the party spending on the election campaign have been denied this information this year. Despite the newly introduced obligation to submit preliminary reports less than 12 hours before the "election silence", these reports have not yet been published for nine…
... detaljnije ...Insufficient transparency of election campaign financing
Very little data on the election campaign financing is available to the citizens in the elections 2022, as in the previous ones. The legal changes have brought almost no progress in that regard, Transparency Serbia's research shows. The subject of this research is voluntary transparency, that is, what the political entities…
... detaljnije ...Election 2022 Monitoring - TS presented the first findings
Intensive public officials' campaign, higher participation of state officials in party activities than in previous election cycles and media domination of Aleksandar Vučić and his election list through a combination of public officials' campaign, statements and guest appearances on TV and advertising are the main characteristics of the first four…
... detaljnije ...Proposals for amendments to improve the election process
Transparency Serbia sent to the Serbian Parliament proposals for amendments to the laws that are being changed before the announced April elections, which would significantly improve these regulations, and thus the election process. Proposals for amendments to the Law on Financing Political Activities, the Law on the Election of People's Deputies…
... detaljnije ...The Government missed the opportunity to significantly improve laws that change before elections
Transparency Serbia reckons that the Government missed the opportunity to significantly improve the laws that are being changed before the announced April elections, even though the line ministries received numerous concrete proposals within the public debate. As a result, running a "functionary campaign" will not be prevented once again, the…
... detaljnije ...Press Release on the issue of EPS management
Regarding the issue of Milorad Grcic's responsibility for the situation in the Electric Power Industry of Serbia (EPS), Transparency Serbia calls on the Government of Serbia to ensure at least essential legality of work in public companies and to appoint directors elected at public competitions. We also recall that the Government…
... detaljnije ...Abolish the obligation to verify signatures for the People's Initiative, not just fees
The proposal for amending the Law on Referendum and People's Initiative, which the Assembly will decide on today, based on the Government's proposal and after the citizens' protest, contains a decision that the costs of signature verification for the People's Initiative will not be charged. The Government proposed a solution…
... detaljnije ...Proposed amendments to the law do not solve the problem of "functionary campaign"
Transparency Serbia points out that the proposed amendments to the Law on Electronic Media and the Law on Prevention of Corruption, although useful, do not solve the problem of intensive "functionary campaign", which is much more represented in the media than presenting election participants programs and paid advertising. According to the…
... detaljnije ...For stronger independence of the judiciary, it is necessary to change the Constitution and the “clerk’s mind” of judges and…
Although amendments to the Constitution lead to positive changes, this is only the first normative step. It’s necessary to change the laws, but also the practice and awareness of both judges and prosecutors, as well as the public, in order to really achieve the goal of judicial independence. That was…
... detaljnije ...Agreement on electoral conditions does not solve all the problems
The political agreement between the two ruling and seven opposition political parties and the President of the National Assembly envisages some measures that can increase the integrity of the election process and the equality of election participants, but many problems are not touched at all or are only seemingly solved…
... detaljnije ...
- 1
- 2
- 3