ODIHR Final Report on the elections in Serbia - Serious problems related to the abuse of public resources and campaign financing and recommendations for solving them
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 on the past elections, as well as nine priority and 17 other recommendations that Serbia should fulfil so that the next elections could be held under conditions that correspond to democratic standards.
ODIHR assesses that despite the respect of basic rights, the combined impact of unbalanced access to media, undue pressure on public sector employees to support the incumbents, significant campaign finance disparities and misuse of administrative resources led to unequal conditions for contestants." ODIHR also recalled that many of their recommendations were not taken into account during the legislative reform, including those related to " access to media, enhanced transparency and accountability of campaign finance, and measures to tackle pressure on voters and misuse of administrative resources.." Among other things, they pointed out the presentation of numerous infrastructural projects in the campaign by the president and government representatives as an activity that made the conditions for competing in the elections unequal, "contributing to a lack of level playing field for contestants and blurring the line between state and the party."
In connection with the new Law on financing political activities, ODIHR reminds that their earlier recommendation to introduce a limit on maximum campaign expenses per electoral list/candidate was not implemented. In a public debate, Transparency Serbia reminded of this obligation and proposed that the cost limit, following the example of neighbouring countries, be 300 million dinars for parliamentary and 200 million dinars for presidential elections, but this proposal was rejected without explanation.
"The means for financing the campaign from the budget are paid only immediately before the elections, which makes it impossible for the participants of the elections to use them effectively," observes ODIHR. The newly introduced preliminary reports on campaign financing are given with the balance for 15 days before the elections. As a result, they do not cover a significant part of the expenses. In charge of supervision, the Agency for the Prevention of Corruption did not effectively respond to reports of irregularities, the Report states, among other things. This confirmed TS's warnings that the concept of preliminary reports would not provide adequate publicity of campaign financing data while it lasts, instead of which TS proposed the introduction of a system of "transparent accounts", which has already been tested in the Czech Republic.
In addition, ODIHR requests that the rules on campaign management by "third parties" be regulated in Serbia, that penalties for omissions in campaign expense reports be effective, proportionate and dissuasive, and that the provisions of the Criminal Code need to be improved. The method of distribution of budget funds for the campaign should be changed to provide reasonable opportunities for running the campaign. At the same time, it should be ensured that abuse of those budget funds is prevented - reads one of the recommendations.
No less important is the recommendation according to which "The Agency for the Prevention of Corruption should be obliged by law to promptly and proactively determine cases of violation of regulations, and to make formal decisions, which can be challenged in court, after reviewing the received reports." The Law
should prescribe expedited deadlines for the entire dispute resolution process related to campaign finance violations." This recommendation is related to the Agency's practice of rejecting specific applications due to rules violations during the election campaign without making a decision and the absence of deadlines for the decision of the Administrative Court in cases where the complainant contests the decision of the Agency. Due to the lack of deadlines, among other things, the lawsuits brought by the TS in connection with the applications from the 2020 elections have not yet been considered.
ODIHR says that a clear legal boundary must be established between the performance of public office and activities in the election campaign, and measures must be taken to prevent abuse of position and public resources. Competent authorities should work to prevent violations of these rules and impose penalties that will deter such behaviour. Adequate legal and institutional monitoring mechanisms must be established and implemented in order to avoid pressure on voters, including public institutions and companies employees." Among other things, it was recommended that the ban on the media from transmitting information about certain activities of public officials be extended to the entire campaign and not just the last ten days. Transparency Serbia indicates that this is one of the weak points in the otherwise excellent ODIHR report. Namely, the problem of the extensive "functionary campaign" must be solved at the root - by clearly prescribing what the regular activities of public officials are and what activities they may not carry out during the campaign. The right place for that is Article 50 of the Law on Prevention of Corruption, for the amendment of which TS also made proposals, and not media regulation.
According to ODIHR assessments, public TV services covered the activities of campaign participants but broadly uncritically reported on the activities of public officials, who were also candidates in the elections. REM, despite its competencies, was "mostly passive during the campaign".
Concerning other issues, ODIHR indicates that despite numerous allegations of abuses and pressures, the prosecution received only seven reports during the campaign and did not file a single indictment. ODIHR highlights that the Administrative Court considered election disputes in closed sessions as a problem. The Republican Electoral Commission was recommended to publish the election results in an accessible format immediately upon arrival, as well as comprehensive information on the applications submitted to the electoral commissions. "The election administration should take measures to enhance the effectiveness of dispute resolution by substantive reviewing all election-day related complaints and facilitating the reporting of administrative and criminal offences to the competent authorities," reads another important recommendation from this report.
An essential ODIHR note is that laws should be improved significantly before the next elections "in a consultation process that will be open and transparent." Bearing this in mind, Transparency Serbia proposes, as an initial step, that, based on these recommendations, the Finance Committee of the National Assembly organise a public hearing where the representatives of relevant institutions, political parties, and national and international organisations that monitor the elections and experts would present their views on how to improve the laws and their enforcement.
News
Presentation of the Local Self-Government Transparency Index - LTI 2024 - The Most Transparent Municipalities and Cities in Serbia
The Embassy of Switzerland in Belgrade - Swiss Agency for Development and Cooperation and Transparency Serbia will present on October 24, 2024 the results of the LTI 2024. TS assessed and ranked the transparency of all 145 municipalities and cities in Serbia based on 95 indicators,. The presentation of the results…
... detaljnije ...PrEUgovor Commentary on the Reform Agenda of Serbia in the "Fundamentals" Area
Coalition prEUgovor regularly monitors the state of affairs and advocates for substantial reforms in Cluster 1 (“Fundamentals”). In its commentary, it shares its impressions of the document - newly adopted Reform Agenda of the Republic of Serbia, in principle and in selected areas it monitors within the Fundamentals. For 21 measures within the section…
... detaljnije ...Missed opportunities for the prevention of corruption within the executive authority and the police
GRECO's assessment that Serbia has fulfilled only one of the 24 recommendations from the fifth round of evaluation in two years calls into question the existence of strategic commitment and will to combat corruption, but also confirms the findings of the TS from the beginning of this year. The lack of…
... detaljnije ...Conference: How to prevent waste of public resources
Transparency Serbia (TS) and the Center for Investigative Journalism of Serbia (CINS) invite you to the conference: How to prevent waste of public resources Belgrade, Tuesday, 9 July 2024, 10.00 – 12.00 Envoy Congress Center, Gospodar Jevremova 47 Agenda: 10.00 – 10.05 Nemanja Nenadić, Program Director, Transparency Serbia 10.05 – 10.10 Milica Šarić, Director…
... detaljnije ...Serbia remains among the countries with limited budget transparency
Serbia ranks 55th out of 125 countries in the Open Budget Index (OBI) with 51 points out of a possible 100, which labels it as the country with "limited budget transparency", according to Transparency Serbia. Progress of five points compared to the previous survey (from 2021) was achieved solely due to…
... detaljnije ...Proposals for the implementation of ODIHR recommendations and improvement of election conditions
Transparency Serbia has used the opportunity to present to representatives of parliamentary parties and the Working Group of the Government of Serbia for Cooperation with ODIHR a number of specific proposals and priorities for improving election conditions, especially regarding the financing of the election campaign and preventing the misuse of…
... detaljnije ...TS submitted proposals to the Assembly for the implementation of recommendations from the ODIHR report
Transparency Serbia submitted to the Serbian Parliament and the Government Working Group for the Improvement of the Electoral Process proposals regarding the implementation of certain recommendations from the Final ODIHR report after the December 2023 elections and unfulfilled recommendations after the previous elections. TS informed the ODIHR Observation Mission, the citizens…
... detaljnije ...Ministry of Interior should publish data on migration of voters that it submitted to Prime Minister
The claim of the Prime Minister in the technical mandate, according to which "everyone can check" in how many cases citizens change their residence, not only does not correspond to the factual situation but is directly opposite to the official answer that Transparency Serbia received from the Ministry of Internal…
... detaljnije ...Corruption prevention in the executive branch - useful GRECO recommendations have not yet been implemented
If Serbia were to implement the recommendations it received in March 2022 from GRECO (Group of Countries for Combating Corruption) – a body established by the Council of Europe – it would significantly improve the mechanisms for combating corruption in the work of the executive. However, very little has been…
... detaljnije ...ODIHR calls for improvement of campaign finance rules and prevention of abuse of public resources "well in advance of the…
In the final Report on the December elections, the ODIHR observation mission confirmed some of the findings of Transparency Serbia's monitoring of the election campaign, and a large number of recommendations refer to unresolved issues of election campaign financing, misuse of public resources and participation of public officials in the…
... detaljnije ...
The costs of the Belgrade local election campaign - what is shown and what is missing
Although there were 14 election lists in the Belgrade local elections, and the deadline for submitting the final financial reports expired six days ago, only nine lists have been published so far. According to the information published on the Agency for the Prevention of Corruption website, the report on the…
... detaljnije ...Procurement for EXPO 2027 - no minimum deadlines and no legal protection
The Government of Serbia adopted a decree which, in accordance with the lex specialis, prescribes how procurement will be carried out and jobs awarded for EXPO 2027. Nemanja Nenadić from Transparency Serbia for N1 says that the differences between the rules prescribed by the Law on Public Procurement and this…
... detaljnije ...Serbia continues to fall on global list of Transparency International's Corruption Perception Index
In Serbia, there is no political will to reduce corruption; the Government bypasses laws on public procurement, passes special laws for multimillion-projects that are important to it, does not adopt an anti-corruption strategy, and is increasingly distant from the rule of law. It was said at the Transparency of Serbia…
... detaljnije ...TS calls on MIA and HPPO to publish additional information on their actions regarding election irregularities
The information presented to the public by the Ministry of Internal Affairs (MIA), the Ministry of State Administration and Local Self-Government (MSALSG), as well as the Higher Public Prosecutor's Office (HPPO) in Belgrade, regarding allegations of illegality in the electoral list and vote buying, are not sufficient to dispel publicly…
... detaljnije ...Alarm over indications of serious election breaches
Transparency International urgently calls on the Serbian authorities to investigate potential abuses of public office and resources by the ruling party during the 17 December elections. It is also crucial to swiftly determine whether vote-buying took place. The prosecution and the Agency for Prevention of Corruption (APC) need to promptly…
... detaljnije ...In the election campaign, blurred line between state and the party - a sharp and valuable report by ODIHR
The observation mission of the ODIHR already in the preliminary Report highlighted not only the shortcomings of legal solutions but also numerous severe violations of the law during the campaign and election day, among which are problems for which Transparency Serbia has been proposing concrete solutions for years. The International Election…
... detaljnije ...Unfulfilled obligations and priorities for the fight against corruption
The International Anti-Corruption Day, 9 December, is a good reason to call on the Parliament and the Government, which will be formed after the upcoming elections, to finally adopt one of the most effective mechanisms for the fight against corruption - the introduction of illegal enrichment, as a criminal offence…
... detaljnije ...EC report – benevolent conclusion on progress and numerous unresolved problems
The European Commission's assessment[1] of Serbia's "limited progress" in the fight against corruption is too benevolent. On the other hand, the EC report is significant, as it points to some of the most important unresolved issues, including direct contracting of procurement for infrastructure projects, illegal acting state in public administration…
... detaljnije ...The work of temporary bodies during the election campaign must be transparent
Transparency Serbia has indicated to the presidents and members of temporary working bodies in 65 cities and municipalities that they have an obligation to ensure the publicity of their work by allowing journalists to attend the sessions and publishing the explanations for the decisions they make. Based on the Law on…
... detaljnije ...Violations marked the introduction to local elections
Information about the fact that the leaders of around 70 cities and municipalities submitted their resignations – meaning their mandate ended – cannot be found on the Agency for the Prevention of Corruption website. It means that the assemblies of these cities and municipalities violated the legal obligation. An even bigger…
... detaljnije ...
The amendment to the Law on Electronic Media does not solve the problem of "public officials' campaign"
The provision of the Law on Electronic Media, passed today, even with the amendment that was adopted by the Parliamentary Information Committee – allegedly to fulfil the ODIHR recommendation – does not solve the problems related to the promotional activities of public officials and does not represent the fulfilment of…
... detaljnije ...An amendment to prevent procurement for EXPO 2027 from being conducted without applying the Law on Public Procurement
Transparency Serbia has submitted to parliamentary groups in the Parliament of Serbia a proposal for an amendment to the Special Law on EXPO 2027 that would remove one of the significant corruption risks by obliging the special companies that will be formed for the implementation of the project to apply…
... detaljnije ...Novi Pazar, Sombor and Veliko Gradište the Most Transparent Local Governments in 2023
Novi Pazar, Sombor and Veliko Gradište are the most transparent local governments in 2023 according to the Local Transparency Index published today by Transparency Serbia, with support from the United States Agency for International Development (USAID). Since 2015, the Index has been measuring the transparency of all 145 local governments…
... detaljnije ...No public procurement for EXPO 2027 project
Works for the construction of the exhibition area for EXPO 2027, facilities for the accommodation of participants and visitors, the National Stadium and supporting infrastructure – the value of which could amount to one billion euros – will be contracted without the application of the Law on Public Procurement, which…
... detaljnije ...Which Local Governments Were the Most Transparent in Serbia in 2023?
On October 13, 2023, Transparency Serbia and the United States Agency for International Development (USAID) will present the results of the 2023 Local Transparency Index (LTI). The Index has been measuring the transparency of all 145 local governments and 25 city municipalities in Serbia each year since 2015 and tracks…
... detaljnije ...EPS illegally withholds information
EPS AD (Electric Power Company of Serbia), joint stock company unlawfully withholds essential information from the public about its work and the possible disposing of the assets of great value. Transparency Serbia, since 26 May 2023, has been trying to verify with the Electric Power Company of Serbia the allegations…
... detaljnije ...On amendments to the Law on Prevention of Corruption
The draft amendments to the Law on the Prevention of Corruption[1], presented for public discussion, respond to the GRECO's recommendations for Serbia[2] to a limited extent. On the other hand, it does not contain measures to reduce the scope of the "official campaign" and to increase the capacity of control…
... detaljnije ...The new draft law on the management of state-owned enterprises still needs amendments
The new proposal of the Law on the Management of Public Enterprises Owned by the Republic of Serbia is better than the previously withdrawn one. Still, it also needs to be amended, primarily in the area related to preventing misuse of public resources during the election campaign, transitional provisions and…
... detaljnije ...Corrupt risks of free conversion not taken into account
Amendments to the Law on Planning and Construction carry a high corruption risk because the state is giving up potential public revenues in favour of individual companies and, at the same time, threatens legal certainty and equality before the law. The amendments provide for the free conversion of the "right of…
... detaljnije ...What needs to be fixed in the proposal of the law on the management of state enterprises
Transparency Serbia sent the Government of Serbia, the Ministry of Economy and the Agency for the Prevention of Corruption a detailed analysis of corruption risks and other shortcomings in the draft law on managing business companies owned by the Republic of Serbia (SOE). The proposal for a law on companies owned…
... detaljnije ...
- 1
- 2
- 3