Requirement to issue reasoned decision
Serbia
Name: Law on the electionof Members of Parliament
Enactment: 2000 as amendedin 2011
Name: Rules ofProcedure of the Republic Electoral Commission
Enactment: Belgrade,January 23, 2012
Quote:
Article 23
If it may bethe case that proposal for dismissal of a complaint is put forward in thedebate, the Chairperson shall first put this proposal to vote.
When severalproposals for dismissal of a complaint have been made, the vote on theproposals shall be taken according to order they were put forward in thedebate. If a proposal is adopted, the others will not be put to vote.
If noproposal for dismissal of complaint is presented in the debate or none of thegiven proposals are adopted, the Commission shall vote on the adoption ofcomplaints.
TheChairperson shall always put on vote the proposal for the adoption of acomplaint.
If theproposal to adopt the complaint does not acquire the required majority vote,the complaint shall be deemed dismissed.
“MinutesArticle 25
Minutes ofthe proceedings shall be kept at Commission sittings.
Minutes shallcontain main data on the sitting proceedings, especially on the proposals beingdiscussed, including names of the participants in the debate, decisions, conclusionsand other acts approved at the sitting, including results of all the votingcarried out at the sitting.”
There seem to be a no clearly spelled out procedure for the decision process of a complaint. In art. 96 the LER says that if no decision is made the complaintis taken as adopted however, the art.23 of REC rules and procedures dismissesany complain that did not reach majority vote. Neither Law specifies if notreaching majority of vote equals no decision.
