Home > 5.4 Effects of the referendum > SERBIA - Urgent Opinion on the Draft Law on the Referendum and the People's Initiative
 
 
 
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Paragraph 59
 

According to international standards, time-limits for deciding on complaints and appeals should be short. The draft law foresees very short deadlines for the submission of and decision on the complaints and appeals (for referendums, 24 hours for appealing in first instance – competent electoral commission -, 48 hours for appealing in second instance – administrative court - and for taking a decision at both instances: Articles 67.1 and 5; Article 69.1-2). Such deadline seems to be overly restrictive as the persons concerned may have difficulties in providing adequate and serious substantial reasoning as well as evidence. In some cases, legal aid might be needed and within such deadline, it may be too difficult to submit the complaint or appeal. It is doubtful that deadlines for the decision-making in the field of referendums and peoples’ initiatives should be as short as for electoral disputes, because the results of the referendums, contrary to those of elections, affect only the issue(s) submitted to the people’s vote. The Venice Commission therefore recommends a reasonable extension of the deadlines for lodging and deciding on complaints and appeals.