LAWON NATIONAL COUNCILS OF NATIONAL MINORITIES("Official Herald of the Republic of Serbia", No. 72/2009, 20/2014 - decision of the Constitutional Court and 55/2014) |
Article 1
This Law regulates competences of the National Minority Councils (hereinafter: National Councils) with regard to culture, education, informing, official use of language and script, electoral procedures for National Councils and their funding, as well as other issues of National Councils' concern.
Article 2
Members of national minorities in the Republic of Serbia shall have the right to elect their National Councils with a view to exercising the right on self-government regarding culture, education, dissemination of information and official use of language and script.
A national minority shall be represented by its National Council in the field of education, culture, informing in the language of a national minority as well as in the official use of language and script, and it shall participate in the decision making process or decide on the questions related to these fields and establish institutions, business companies and other organisations in the fields mentioned.
Article 3
The National Council shall be entered in the National Councils Register (hereinafter: the Register) which shall be led by the ministry in whose purview are the affairs of human and minority rights (hereinafter: the Ministry).
The National Council shall be registered on the basis of an application for registration by the President of the National Council submitted to the Ministry within the period of five days of the first session of the National Council when the President of the National Council was elected.
The application for registration shall be filed with the minutes of the meeting at which the first session of the National Council was inaugurated, two copies of the Statute of the National Council and the decision on the election of the President of the National Council.
The National Council shall acquire legal personality by registering in the Registry.
Data that is entered in the Register shall be public.
Method of entry in the Register, the input of changes of data entered in the Register, the manner of keeping the Register and the content and appearance of the application for registration shall be prescribed by the minister responsible for human and minority rights (hereinafter: the Minister).
Article 4
A decision on the application for entry into Register shall be made within 30 days of receiving the complete application.
A decision on the application for entry into Register shall be final, but subject to judicial review.
The National Council shall be entered into Register on the same day when the decision on entry into Register is made.
The following data shall be entered into Register: name and seat of the National Council; name, surname, address and unique master citizen number of the President of the National Council; date of enactment of the Statute and the date of amendments to the Statute; number and date of the decision on entry and the number and date of decision on changing the data in the Register.
With the decision on entry the national council shall receive a copy of the Statute certified by the Ministry by its seal and by the signature of the authorized state official, confirming its identity with a copy of the Statute kept at the Ministry.
Article 4a
The National Council shall be required to submit an application for change of data entered in the Register within ten days of such change.
Evidence of such change shall be submitted with the application for change of the entered data, while the minutes of the meeting at which the Statute amendments were adopted and two copies of the Resolution on Statute Amendments shall be submitted with the application for entry of the Statute amendments.
A decision on the application for entry of data changes into Register shall be final, but subject to judicial review.
Article 4b
The National Council shall be removed from the Register:
1) If it is dissolved due to the adjournment of the National Council election procedure;
2) If it is dissolved because the number of its members fell below half.
The National Council shall be removed from the Register on the same day when the Ministry reaches a decision on removal from the register.
The decision on removal from the register is final but it may be subject to judicial review.
A national minority whose national council was removed from the Register shall be entitled to elect a new National Council, on the day of elections for members of all national councils.
Article 5
The National Council may acquire and sell movable and immovable property, and according to the decision of the competent body it may be a beneficiary of any public property in accordance with law.
Article 6
National Council shall have a Statute.
The following matters shall be regulated by the Statute:
1) Work of the National Council;
2) Number of the National Council members; in accordance with the Law
3) Seat of the National Council;
4) Name, symbol and seal of the National Council;
5) Powers, election procedure, and term of office of the President of the National Council;
5a) Powers, election procedure, number of members and term of office of the Executive Committee;
6) Powers, election procedure, number of members and term of office of the committee and other working bodies of the National Council;
7) Recognitions and ways of awarding them, and
8) Other matters important for the work of the National Council.
The first session of the National Council shall adopt the Statute of the National Council within ten days of the constitution.
II QUESTIONS REGARDING STATUS OF NATIONAL COUNCILS
1. The Internal Organization of the National Council
Article 7
The National Council shall have a president, executive committee, committees for education, culture, informing and official use of language and script.
President of the National Council shall represent and act on behalf of the National Council.
President of the National Council shall be elected from among its members.
The National Council elects the President and Members of the Executive Committee from among the members of the National Council on the proposal of the President of the National Council.
The National Council may delegate Executive Committee to decide on certain matters from the competence of the National Council.
Decisions thus made by the Executive Committee shall be subject to approval at the next meeting of the National Council and shall be approved if they are voted by more than half of the members of the National Council. If the National Council shall not approve the decision of the Executive Committee, the term of office of the Executive Committee shall end, while the decision shall remain in force.
Article 8
The work of the National Council shall be public.
National Council shall make binding decisions in a meeting with more than half of the members of the National Council present.
The Statute, financial plan and financial statement of the National Council shall be adopted if they are voted by more than half of the members of the National Council.
The President of the National Council and the President and members of the Executive Committee shall be elected if they are elected by more than half of the members of the National Council.
The President of the National Council and the President and members of the Executive Committee shall be dismissed if more than half the members of the National Council vote for the dismissal.
Other decisions of the National Council shall be made by a majority vote of the members present.
2. Number of the National Council Members
Article 9
The National Council shall consist of at least 15 members, but not more than 35.
The National Council shall consist of 15 members if according to the latest census a national minority has a population of less than 10,000 people.
The National Council shall consist of 19 members if according to the latest census the population of a national minority exceeds 10,000 but is less than 20,000.
The National Council shall consist of 23 members if according to the latest census the population of a national minority ranges between 20,000 and 50,000 people.
The National Council shall consist of 29 members if according to the latest census the population of a national minority ranges between 50,000 and 100,000 people.
The National Council shall consist of 35 members if according to the latest census the population of a national minority counts more than 100,000 people.
Article 9a
The mandate of the National Council shall start at the moment of constitution of the National Council and shall last until the expiration of four years from its constitution.
Mandate of the National Council may terminate by dissolution prior to expiration of the term it was constituted for.
The mandate of the National Council that was constituted after the dissolution of the National Council shall last until the expiration of the mandate of the dissolved National Council.
National Council whose mandate expired shall perform current and urgent tasks that fall under the authority of the National Council until constitution of the new National Council.
III COMPETENCES OF THE NATIONAL COUNCIL
Article 10*
In compliance with law and its Statute, and through its bodies, the National Council shall independently:
1) Adopt and amend the National Council Statute;
2) Adopt the financial plan, financial report and final financial statement;
3) Dispose of its property;
4) Decide about the National Council's name, symbols and seal;
5) Determine national symbols, emblems and holidays of national minorities;
6) Establish institutions, associations, funds and business organisations in the area of education, culture, informing and official use of language and script;
7) Put forward a national minority representative in the council on interethnic relations in local self-government unit;
8) Determine and award recognitions;
9) Initiate the adoption of and monitor the implementation of law and other normative acts in the field of culture, education, informing and official use of language and script;
10) Participate in drafting regulations and motion amendments to legislation which regulates national minority rights guaranteed by the Constitution in the field of culture, education, informing and official use of language and script;
11) Motion the adoption of special regulations and provisional measures in domains in which right to self-government is realised, so as to achieve full equality among national minority members and citizens belonging to the majority nation;
12) Institute the procedure before the Citizens' Protector, regional and local Ombudsman, and other competent bodies; when assessing that rights and freedoms of persons belonging to national minorities guaranteed by the Constitution and law have being violated
13) Institute the procedure mentioned under item 12 of this Article on behalf of the national minority member with his prior authorisation in writing;
14) Take positions, start initiatives and take measures in all issues which are directly related to a national minority's status, identity and rights;
15) Rule on other issues entrusted to it by law.
2. Competences in the Field of Education
Article 11
The National Council may, in accordance with law, establish educational institutions; those related to pupils' and students' standard and exercise the rights and obligations of the founder.
The institutions specified in paragraph 1 of this Article shall be established by the National Council itself or in co-operation with the Republic, autonomous province, local self-government unit or other legal personality in accordance with law.
The Republic, autonomous province or local self-government unit, acting as founders referred to in paragraph 1 of this Article, may delegate their right of establishment, in its entirety or to a degree, to the National Council.
Participation in the Institutional Management
Article 12*
In pre-school institutions and primary and high schools, which are established by the Republic, autonomous province or local self-government unit and where a nationality minority language is used in the education work, or which have a special school subject dealing with speech, language or culture of a national minority, the National Council shall:
1) Give opinion on proposed candidates for membership in the managing and/or school board - local self-government unit representatives;
2) Put forward candidates for membership in the management, i.e. school board - local self-government unit representatives at the institutions where in most of the classes teaching is done in a national minority language;
3) Give opinion on the candidate running for director of the institution specified in paragraph 1, item 1 of this Article;
4) Give opinion on the procedure for dismissing director and members of the managing board in the institutions specified in paragraph 1, items 1 and 2 of this Article.
5)* (ceased to be in force on the basic of the decision of the Constitutional Court)
In the institutions for pupils and students which were established by the Republic, autonomous province or local self-government unit, the National Council shall:
1) Put forward one member - the founder's representative - and give opinion on other candidates running for managing board members of institutions for pupils, whose seat is in the territory of the local self-government unit where the language of a national minority is in official use. If more than one national minority language is in official use in the local self-government unit, the interested National Councils shall propose a joint candidate for membership on the managing board;
2) Give opinion on candidates running for members of the managing boards in institutions for students, whose seat is in the territory of the local self-government unit where a national minority language is in official use;
3) Give opinion on the procedure for the election of director of institutions for pupils and students, whose seat is in the territory of the local self-government unit where a national minority language is in official use;
4) Give opinion on the procedure for dismissing director and managing board members as referred to in paragraph 2, items 1 through 3 of this Article.
In higher education institutions, established by the Republic, the National Council shall give opinion on the proposed candidates running for members of administration and managing bodies in a higher education institution, where teaching is done entirely or partially in a national minority language.
Article 13
1) Put forward before the National Education Council general platforms for pre-school syllabi, primary and high school syllabi as well as basic programs of instruction, covering contents which express singularity of a national minority, especially in history, music and art;
2) Put forward before the National Education Council primary and high school syllabi for the national minority language and/or its dialect together with elements of the national culture;
3) Give opinion to the National Education Council with regard to syllabi for Serbian as a second language;
4) Propose to the Minister of Education measures and an education program for pupils in pupils' institutions which refer to the affirmation of multiculturalism and tolerance among ethnic communities;
5) Give opinion on the school syllabi of institutions which have been defined as particularly important for the national minority.
Article 14
When the education work is done in a national minority language, the National Education Council shall propose that the competent Minister of Education approve the use of textbooks and teaching materials whose content expresses singularities of the national minority, with the previous consent of the National Council.
Acting on the National Council's proposal, Minister for Education shall give approval for the use of national or foreign textbooks in a national minority language in the education work.
Other Competences in the Field of Education
Article 15*
In accordance with the law, the National Council shall:
1) Propose at least one candidate for the joint electoral list of candidates for the election of the National Education Council members;
2) Give opinion on the procedure for the adoption of a normative act regulating the network of pre-school institutions and primary schools in the local self-government unit where the national minority language is used officially or in the education work;
3) Determine which educational institutions are of particular interest in education of the national minority; where the total number of institutions exceeds the number of four, not more than a half of the overall number of institutions performing the education work in the national minority language may be pronounced as institutions with special importance; if there are fewer than four institutions of such kind, then one of the institutions, performing the education work exclusively in the national minority language or alongside with other languages, may be considered to have special importance; in the case of a national minority whose language is not used in teaching, the rules stated in this item shall be applied accordingly to the institutions where language or spoken dialect, with elements of the minority culture, is taught.
4) Give opinion to the Minister of Education in the process of establishing the network of high schools and institutions for pupils and students;
5) Give opinion to the Minister of Education in the process of giving consent to a school functioning outside the school's seat, where teaching is done in the national minority language;
6) Recommend to the founder, i.e. the Republic, autonomous province or local self-government unit that the school branch where teaching is done in the national minority language should become independent;
7)* (ceased to be in force on the basic of the decision of the Constitutional Court)
8) Give opinion to the Minister of Education regarding the procedure for giving consent to the opening of a class for fewer than 15 students in which the national minority language is used;
9) Give opinion to the institutions for pupils and students standard on the procedure for allocating places in those institutions
10) Give opinion in the procedure for the distribution of the budgetary funds of the Republic, autonomous province and local self-government unit, which are allocated through open competition to institutions and associations in the field of education;
11) Set aside scholarships out of its own resources and through its regulations determine the criteria and procedure as to their granting, and proced with their allocation;
12) Nominate its representative at the National Education Council who shall participate in its operation with no decision making power, when teaching within the education system is done in the national minority language, and when the National Education Council considers issues which are important for education of the national minority;
13) Nominate its representative at the National Council for Higher Education who shall be a full-fledged member of this Council when teaching in higher education is done in the national minority language;
14) Perform other activities in this field envisaged by the law or other regulations.
3. Competences in the Field of Culture
Article 16
The National Council may, in accordance with the law, establish cultural institutions for the purpose of preservation, improvement and development of a minority's cultural specificity and for the preservation of the national minority identity and it may exercise the rights and obligations of the founder.
The institutions referred to in paragraph 1 of this Article shall be established by the National Council itself or in co-operation with the Republic, autonomous province, local self-government unit or other legal personality in accordance with the law.
The Republic, autonomous province and local self-government unit as founders of the institutions referred to in paragraph 1 of this Article may delegate their right of establishment, totally or to a degree, to the National Council.
Participation in Managing the Institution
Article 17
In cultural institutions established by the Republic, autonomous province or local self-government unit and which were declared by the National Council to be of particular importance for the preservation of the national minority identity, the National Council shall:
1) Appoint one member for the institution's managing board;
2) Give opinion on the proposed members of the institution's managing board;
3) Give opinion in the procedure for the election of the institution's director.
If several National Councils decide that an institution has particular importance in the field of culture in preserving, improving and developing specificity and national identity of a national minority, the National Councils in question shall each appoint their member to the managing board referred to in paragraph 1, item 1 of this Article.
Other Competences in the Field of Culture
Article 18
The National Council shall:
1) Determine which institutions and events in the field of culture bear special importance in preserving, improving and developing specificity and national identity of a particular national minority;
2) Create a national minority's cultural development strategy;
3) Determine which movable and immovable cultural goods are of particular importance for a national minority;
4) Institute procedure before the competent body or institution for defining the status of movable and immovable cultural goods protected by the law and having particular importance for a national minority;
5) Suggest taking measures for the prevention, reparation and reconstruction of the cultural goods referred to in paragraph 1, item 4 of this Article;
6) Give opinions and recommendations regarding space planning and the design of urban development plans in the local self-government unit where cultural goods referred to in paragraph 1, item 3 of this Article are situated;
7) Suggest that the implementation of space and urban development plans be stalled if these are considered detrimental to cultural goods referred to in paragraph 1, item 3 of this Article;
8) Give the preliminary opinion to the competent body in the procedure of issuing a licence to dislocate the immovable cultural goods referred to in paragraph 1, item 3 of this Article to another site;
9) Give opinion on the establishment or closing procedure for libraries or their organisational units, containing collections of books in a national minority language;
10) Sumbit the proposal for allocation of resources through open competition from the budget of the Republic, autonomous province or local self-government units to national minority institutions, events and associations in the field of culture;
11) Propose at least one candidate for a joint list of candidates in the elections for the National Council for Culture;
12) Nominate its representative in the National Council for Culture, who shall participate in its work without the power of decision making when issues important for the national minority culture are discussed;
13) Rule on other matters entrusted to it by law, normative act of the autonomous province or local self-government unit.
4. Competences in the Field of Mass Media
Article 19*
The National Council itself or in co-operation with another legal person may establish in line with law institutions and business organisations for the purpose of exercising the newspaper-publishing and radio-television broadcasting activities, printing and reproducing of the recorded media, and shall have the rights and obligations of a founder.
Participation in Managing the Institutions
Article 20
The National Council shall:
1)-4)* (ceased to be in force on the basic of the decision of the Constitutional Court)
5) Give opinion on candidates for editor-in-chief of programs broadcast in national minority languages in the Broadcasting Agency where editor-in-chief is appointed for more than one program broadcast in national minority languages.
Other Competences in the Field of Mass Media
Article 21
The National Council shall:
1) Adopt a strategy for the improvement of information broadcast in a national minority language in accordance with the strategy of the Republic of Serbia ;
2) Give suggestions to the Republic Broadcasting Agency in designing the Broadcasting Development Strategy;
3) Give a suggestion regarding distribution of resources which are through public competition allocated from the budget of the Republic, autonomous province or local self-government unit to legal or natural persons performing broadcasting activities in a national minority language;
4) Consider reports of Managing and Program Boards of Serbia's and Vojvodina's Broadcasting Agencies and give suggestions and recommendations regarding programmes broadcast in a national minority language;
5) Give opinion and proposals to the Republic Broadcasting Agency Council regarding communication of information in a national minority language;
6) Appoint its representative in the Republic Broadcasting Agency Council who shall participate in its work without decision making power when issues regarding information in a national minority language are being discussed;
7) Perform other activities in this field which are defined by law and other regulations.
5. Competences in the Official Use of Language and Script
Article 22
The National Council shall:
1) Determine traditional names of local self-government units, settlements and other geographical terms in the national minority language if this language is in official use in the territory of the local self-government unit or settlements. The names determined by the National Council shall become officially used terms alongside with Serbian names and shall be published in the "Official Gazette of the Republic of Serbia" or in the "Official Gazette of the AP of Vojvodina" for National Councils located in the AP Vojvodina;
2) Propose to the competent body to write out names of local self-government units, settlements and other geographical terms in the national minority language;
3) Propose the establishment of a national minority language and script as an official language and script in a local self-government unit;
4) Propose the alteration of names of streets, squares, city blocks, hamlets and other parts of settlements, as well as names of institutions of special importance for a national minority;
5) Give opinion on the procedure for determining names of streets, squares, city blocks, hamlets and other parts of settlements if a national minority language is officially used in the territory of a local self-government unit or a setlement;
6) Propose to the competent body to supervise the official use of a national minority language;
7) Propose to the competent bodies measures and activities for the promotion of translation of regulations into the official languages of national minorities;
8) Take measures and activities for the improvement of the official use of national minority language and script;
9) Rule on other pertinent questions entrusted to it by law or a normative act of the autonomous province or local self-government unit.
Articles 23-24*
(Ceased to be in force on the basic of the decision of the Constitutional Court)
IV RELATION WITH STATE BODIES AND BODIES OF THE AUTONOMOUS PROVINCE AND LOCAL SELF-GOVERNMENT UNITS
Article 25*
The National Council may submit its proposals, initiatives and opinions regarding the issues under its jurisdiction before state bodies and special organisations.
Before considering and deciding about the issues in the field referred to in Article 2 of this Law, the bodies in paragraph 1 of this Article shall seek the National Councils' opinion.
The National Council may launch an initiative with the Government of the Republic of Serbia for the abrogation and/or nullification of regulations issued by ministries and separate organisations if the former are not in compliance with the provisions of this Law and other normative acts pertaining to national minorities.
Relation with Bodies of the Autonomous Province and Local self-government Units
Article 26*
National Councils submit proposals, initiatives and opinions to the bodies of the autonomous province and local self-government units regarding issues pertaining to national minority status and preservation of the specificities of national minorities.
V INTERNATIONAL AND REGIONAL CO-OPERATION
Article 27*
The National Council shall cooperate, in accordance with law, with international and regional organisations, the country's organisations and institutions, as well as with the national councils or similar national minorities' bodies in other countries.
The National Council representatives shall participate in negotiations or be consulted as part of negotiations the aim of which is the conclusion of bilateral agreements with home countries, especially when national minority rights are discussed.
Representatives of the National Councils shall participate in the work of mixed inter-governmental bodies whose aim is supervision of the implementation of bilateral inter-governmental agreements on the protection of a specific national minority's rights.
Article 28
Representatives of national minorities, via the Council for National Minorities of the Republic of Serbia, shall take part in the conclusion of and/or accession to international agreements regarding the status of national minorities and preservation of their rights.
VI ELECTION OF NATIONAL COUNCILS
Article 29
Members of the National Council shall be elected in direct elections or via electoral assemblies.
Direct elections for members of the National Council shall be held when 24 hours prior to the call of elections more than 40% of members of national minorities according to the last census were enrolled in the special voters’ list of national minorities.
In order to determine whether the conditions for direct elections are fulfilled, the Ministry shall temporarily close the special voter lists of national minorities 24 hours prior to the call of elections.
Elections via electoral assembly shall be held if the conditions for direct elections have not been fulfilled, and if, after the dissolution of the National Council, new elections are called within 60 days of the dissolution.
Principles of Electing National Councils
Article 30
The elections for National Councils shall be based on the principles of free choice, equality of voting rights, periodicity of elections and secrecy of ballot.
The elections shall be especially based on voluntariness, proportionality and democracy.
Article 31
The right to vote of national minorities' members in electing National Councils implies the rights of a national minority member to: elect National Council members; be elected as National Council member; put forward candidates for membership in the National Council; be informed on the National Councils elections, candidates for their membership and their programmes; he/she shall be put on a special electoral register of a national minority; vote for the election of a National Council and have right to protection of voting rights regarding the election of the National Council.
Article 32
A national minority member shall acquire the right to elect members of National Council once he has fulfilled the general requirements relating to the active right to vote set forth by the Constitution and law.
A special requirement for acquiring the active right to vote in elections for members of National Council shall be registration, in accordance with the provisions of this Law, in a special electoral register of a national minority.
A special requirement for acquiring the active right to vote in elections for the National Minority Council through Electoral Assembly shall be the voter's status, which is obtained according to the provisions of this Law.
Article 33
National Council member may be elected from among the national minority members who, besides the requirements specified in Article 32 of this Law, do not hold an official post of judge, prosecutor or a Constitutional Court judge.
Article 34
Voting for the election of members of the National Council shall be organised only at the territory of the Republic of Serbia.
Article 35
Elections for members of the National Council shall be called by the Minister.
The decision to call the election for members of all National Councils shall be made no earlier than 120 and no later than 90 days before the expiry of the mandate of the National Council which was constituted last.
Upon dissolution of the National Council, new elections for its members shall be called within 60 days of the dissolution, and to be held in the next 45 days. Exceptionally, if from the dissolution of the National Council until the expiration of mandate of the National Council, remains less than a year, the Minister shall call new elections for members of the National Council simultaneously at the same time when he calls the elections for members of all National Councils so that they are held on the same day.
Elections shall not be called if a National Council is dissolved because the procedure of election of members of the National Council was adjourned, or because the number of its members fell below half.
The decision to call the elections includes: the election type (direct elections or elections via electoral assembly), the number of members of the National Council to be elected, the provisions on commencement deadlines for electoral activities, and the Election Day.
The decision to call the election shall be published in the "Official Herald of the Republic of Serbia" and shall be delivered to the Republic’s Electoral Commission.
Article 36
Elections for members of all National Councils, and even for members of the first session of the National Council, shall be held on the same day, except when after the dissolution of the National Council new elections are called within 60 days of the dissolution.
Elections must be held no later than 15 days before the expiry of the mandate of the last constituted National Council.
Article 37
Financial means for the implementation of the National Council elections shall be provided from the budget of the Republic of Serbia, according to the specification of the total projected cost which shall be mutually determined by the Ministry and the Republic’s Electoral Commission.
Adjournment of the Process of National Council Elections
Article 37a
The Ministry shall order the adjournment of the National Council election process if the legally prescribed minimum number of electors was not confirmed. The order shall be rendered 25 days before the electoral assembly, and shall be published in the "Official Herald of the Republic of Serbia".
The order of the Ministry shall be final and is subject to judicial review within 24 hours of its publication. The Administrative Court shall decide on the complaint within 48 hours of receipt of the complaint.
The election administration shall order the adjournment of National Council election process if:
1) The electoral assembly is not attended by the legally prescribed minimum number of electors;
2) Not one electoral list applies to take part in elections for members of the National Council;
3) Not one applied electoral list is accepted;
4) Under these statutory grounds the final electoral list remains undetermined.
When the order on adjournment of the National Council election process, rendered by the election administration becomes final, the Ministry shall be informed thereof.
Article 38
All activities regarding the organisation and carrying out of the elections of National Councils shall be undertaken by the Ministry and bodies in charge of implementation of the elections in accordance with this Law.
Obligations of Public Information Services Relating to Elections of National Councils
Article 39
The public information services shall be obliged to monitor the electoral activities and report on the elections of National Councils.
Laws regulating public information on the electoral procedure shall be also applicable to public information regarding the elections of National Councils.
Dissolution of the National Council and the Provisional Governance Body
Article 40
Ministry shall dissolve the National Council:
1) If the new session of the National Council is not constituted within 30 days of the determination of the final results of the elections;
2) If the National Council elections process is adjourned;
3) If the National Council is not in session for more than six months;
4) If the National Council does not elect the President of the National Council within 30 days of the constitution of the National Council or from the moment of earlier termination of office of the previous President;
5) If the number of members of the National Council falls below half.
The National Council shall be dissolved when the Ministry issues a decision thereon.
The decision to dissolve the National Council shall be final and subject to judicial review.
The Ministry shall decide on establishment of an interim governing body of the National Council from among the members of the National Council, taking into account the representation of candidate lists from which the members of the National Council were elected. Interim governing body of the National Council shall consist of a president and four members.
Until constitution of a new session of the National Council, current and urgent tasks under the authority of the National Council shall be conducted by the interim governing body of the National Council.
Decision to establish interim governing body of the National Council shall be final and subject to judicial review.
Interim governing body of the National Council shall not be formed when the National Council is dissolved due to the adjournment of the National Council elections process, or because the number of its members fell below half.
The National Council Members' Term of Office and the Expiry of the National Council Membership
Article 41
Term of office of the member of the National Council lasts as long as the mandate of the National Council to which he was elected.
Term of office of the member of the National Council shall cease prior to the expiration of the mandate of the National Council to which he was elected in following cases:
1) Resignation;
2) Loss of one of the general conditions for obtaining active voting rights;
3) Failure to attend meetings of the National Council for more than a year;
4) Termination of residence in the territory of the Republic of Serbia;
5) Removal from the special electoral register of a national minority by the final decision of the competent authority;
6) Conviction to imprisonment for a term exceeding six months by a final judgment for a criminal offense;
7) Death.
Member of the National Council shall certify the resignation at the authority responsible for the certification of signatures and to submit it to the National Council within three days of certification, either directly or by registered mail.
End of the term of office of the member of the National Council shall be noted at the next meeting of the National Council after receipt of notice of the occurrence of the reasons for such termination.
End of the term of office of the member of the National Council before the expiry of the mandate of the National Council in which he was a member shall be communicated to the Republic’s Electoral Commission and the Ministry by the President of the National Council.
When the term of office of the member of the National Council ends before the expiry of the mandate of the National Council in which he was the member, the office shall be awarded to the first following candidate from the electoral list where the member whose term of office ended originated from.
Member of the National Council shall be elected for four years and may be re-elected to the National Council.
Term of office of the member of the National Council shall end at the constitution of the new session of the National Council.
Article 42
(Repealed)
Appropriate Implementation of other Laws
Article 43
Provisions of the Law on the Election of Members of Parliament, Law on General Administrative Procedure and Code of Administrative Proceedings shall appropriately apply to the National Council elections and matters which are not regulated by this Law.
2. Direct Elections of Members of National Councils
Article 44
Special voters’ list of national minorities (hereinafter: the special voters’ list) shall be established by the Ministry, at the request for establishment of a special electoral register, which must be supported by at least 5% of the adult members of ethnic minorities according to the latest census, provided that their number may not be is less than 300.
Statement in support of demands for establishment of special voters’ list shall be given in the prescribed form and certified by the competent authority for verification of signatures.
The shape and content of the form for support of establishment of special voters’ list shall be prescribed by the Minister.
The Ministry shall decide on a request for establishment of a special voters’ list.
The Ministry shall reject the request for the special voters’ list if the applicant is not considered a national minority in accordance with the law, or if the application is not supported by the required number of persons belonging to the national minority.
The decision of the Ministry issued on the request for establishment of a special voters’ list shall be final and subject to judicial review.
Request and certification of signatures shall not subject to the payment of fees.
Article 45
The Ministry shall inform through the media the national minorities referred to in Article 44 of this law that the establishment of a special voter list began.
Article 46
(Repealed)
General Rules for the Special Voters’ List
Article 47
Special voters’ list shall be an official record containing members of the national minority who are eligible to vote.
Special voters’ list is ongoing and is updated regularly.
Member of a national minority shall be entered in the special voters’ list solely on personal request.
Article 48
Special voters’ list shall be managed by the Ministry.
Managing the special voters’ list includes: analysis of data from the special voters’ list and taking measures to ensure the mutual coherence and accuracy of data, and entry and changes in the special voters’ list (delete, modify, amend or correct) starting from the conclusion of the special voters’ list, and performing other duties prescribed by this law .
In a part of the special voters’ list dedicated to the area of local self-government, entry and changes in the special voters’ list (delete, modify, amend or correct) shall be performed by the municipal or city authorities, as entrusted work, until conclusion of the special voters’ list. In the unit of local government in which the language and script of a national minority is in official use and for which there is a special voters’ list, entries and changes in the special voters’ list shall be made in its own language and script, in accordance with the law.
Special voters’ lists shall be kept and updated as a unified electronic database.
Changes in the special voters list shall be made ex officio or upon request.
Authorities who maintain official records of citizens are obliged to provide the Ministry and the municipal or city authorities data that affect the accuracy of the special voters list.
Article 49
(Repealed)
Article 50
The special electoral register contains: registration number, name, personal identification number, sex, national affiliation, year of birth, place of residence (street and house number, village, hamlet, built-up area) and space for comments.
Article 51
Data from the special voters’ list shall enjoy special protection.
Any use of data from the special voters’ list shall be prohibited and punishable, except for the purpose of elections and for the purpose of exercising other rights of national minorities, if prescribed by law.
Article 52
National minority members shall be entered in the special electoral register upon the fulfilment of the general conditions prescribed by the law.
A member of a national minority may be entered into only one special voters’ list.
Every citizen, member of a national minority who has the right to vote, may submit a written request on a special form to be entered in a special electoral register.
A member of a national minority shall submit a request to be entered in a special electoral register to the local self-government unit authority according to his place of residence; the request shall be hand-written and signed on a special form issued by the Minister.
Article 53
Removal from the special voters’ list shall be made ex officio or upon request.
Ex officio removal from the special voters’ list shall be made in the event of death of the registered member of a national minority, or if the entered member of a national minority (hereinafter: the voter) loses the right to vote because he ceased to fulfill one of the general conditions for the acquisition of the voting rights provided by the law.
The voter shall submit a request for removal from the special voters’ list to the administration of the unit of local government according to his place of residence, on a separate form prescribed by the Minister, and personally signed by him.
Article 54
(Repealed)
Article 55
The Minister shall prescribe in more detail the manner of keeping the special voters’ list and other issues of importance for complete, accurate and timely management of special voters list.
Article 56
If the administration of the local self-government unit, which is in charge of keeping the electoral register, refuses to enter a voter in the special electoral register or delete his name from it in the registration or deletion procedure, the voter has the right to file a complaint with the Ministry. The Ministry Decision is final and administrative proceedings may be initiated against it.
The Minsitry shall decide on the complaint within the 15 days.
Article 57
After the conclusion of the special voters’ list, entries, deletions, modifications, additions and corrections in the special voters’ list shall be made by the Ministry, on the basis of a decision adopted at least 72 hours before the Election Day.
The decision of the Ministry shall be final and subject to judicial review.
Article 58
(Repealed)
Article 59
Implementation of regulations governing the management of special voters' lists in units of local government shall be supervised by the Ministry, through the administrative inspection.
If the Ministry determines that a special voters’ list was not managed as provided by law and other regulations, it shall order the competent authority to correct the determined irregularities.
Bodies in Charge of Conducting the Elections
Article 60
Direct elections for members of the National Council shall be carried out by the authorities that conduct the parliament elections.
The work of the election authorities may be monitored by representatives of the proclaimed electoral lists.
Article 61
(Repealed)
The Jurisdiction of the Republic’s Electoral Commission
Article 62
The jurisdiction of the Republic’s Electoral Commission (hereinafter the Commission) shall be:
1) To ensure the legality of the elections;
2) To organize technical preparations for the elections;
3) To monitor the implementation and give explanations regarding the implementation of this law, related to elections;
4) To prescribe forms and rules for the implementation of electoral procedures foreseen by this law;
5) To determine the polling stations and publish them in the "Official Herald of the Republic of Serbia", no later than 20 days before the elections;
6) To establish election committees and appoint the president and members of election committees and their deputies;
7) To prepare and certify the ballots;
8) To determine whether the electoral list has been compiled and submitted in accordance with the law and proclaim the list;
9) To determine the final electoral list;
10) To order adjournment of the elections for members of the National Council if a single electoral list has not applied for the elections for members of the National Council, if no registered electoral list is proclaimed and if from the present statutory grounds a final electoral list has not been determined;
11) To determine the method of storing and handling of election materials;
12) To determine and announce the overall and final results of the elections;
13) To determine the number of seats that belongs to each electoral list;
14) To submit data to the authorities who are responsible for the collection and processing of statistical data;
15) To adopt a manual for conducting elections, and perform other duties stipulated by this law.
The Commission shall be obliged to publish the forms referred to in paragraph 1, item 4) of this Article within a period of five days from the decision to call elections.
The members of the Commission are entitled a monthly compensation for the work on conducting elections, in the amount of two average net salaries paid in the Republic of Serbia in the month proceeding the month in which the decision was made to call the elections.
Article 63
(Repealed)
Article 64
(Repealed)
Article 65
The Election Committee shall consist of the president and at least four members.
The President and members of the electoral committee shall have deputies.
The Commission shall establish the election committee and appoint the president, members and their deputies.
Members of the election committee, the working bodies of the Commission and professionals in the administration of the National Assembly which participate in the work of the election administration shall be entitled to remuneration as determined by the Commission.
Article 66
A polling board shall directly conduct balloting at the polling station, ensure the regularity and secrecy of ballot, establish voting results at the polling station and perform other obligations stipulated by this Law.
A polling board shall ensure order at the polling station during balloting.
The Commission shall determine more specific rules on the work of polling boards.
Article 67
Voting in elections shall take place at polling places, which shall be determined by the Commission.
Establishing of Polling Stations
Article 68
Polling place shall be designated for voting of at least 100 and no more than 2,500 voters registered in the special voters’ list.
Exceptionally, the polling place may be designated for voting of less than 100 voters if, because of distance or unfavorable geographical position, voters would find it very difficult to vote in another polling station.
As a rule, premises in public ownership shall be designated for polling places, while the premises in private ownership only exceptionally.
Polling place may not be in a building owned by a political party or used by it, or in a facility that is owned by a candidate for a member of the National Council, or by a member of his family. Term family member of the candidate includes his parents, children and spouse.
Accessibility to persons with disabilities shall be taken into account when designating a polling place.
Article 69
(Repealed)
Arrangement of Polling Stations
Article 70
Rules pertaining to the arrangement of polling stations shall be determined by the Commission.
Nomination electoral Lists
Article 71
Electoral lists may be proposed, under the conditions prescribed by this law, by a group of voters registered in the special voters’ list, associations whose objectives are achieved in the field of protection of national minorities and registered political parties of national minorities (hereinafter referred to as: the proposer).
Group of voters shall be formed by at least three voters by a written agreement certified by a competent authority for certification of signatures. Agreement on forming a voter group contains the goals of forming such group, information on founders (first and last name, unique master citizen number and place of residence, according to data from the ID card). A person representing such group must be determined by the agreement.
Electoral list must be supported by the signatures of at least 1% and not less than 50 voters registered in the special voters’ list.
A voter may his use his signature to support the electoral list of only one proposer.
Signatures of support should be certified by the competent authority for certification of signatures. Certification of signatures shall not be subject to fees.
Electoral list may be submitted by a representative of the proposer of the electoral lists, or a person authorized by him.
A person authorized to submit the electoral list shall also be authorized to undertake all other actions in the elections on behalf of the proposer of electoral list, unless the proposer of the electoral list decides otherwise.
Electoral List - Structure
Article 72
The number of candidates on the electoral list must equal at least one-third of the number of members of the National Council to be elected, and no more than the number of members of the National Council to be elected.
A candidate may only be a person who is entered into the special voters’ list.
First and last name of the candidate shall be specified in the electoral list respecting the Serbian orthography and Cyrillic alphabet, and may be specified according to the orthography and alphabet of a national minority, with the listing order determined by the proposer.
Head of the electoral list and the order on the list of candidates shall be designated by the proposer.
On the list among every three candidates on the list placed in order (the first three places, three second places and so on until the end of the list) must be at least one candidate - of the gender less represented on the list.
Withdrawal of the Electoral List
Article 73
The electoral list nominator may withdraw the electoral list at latest until the day the general electoral list has been determined.
Title of the Electoral List
Article 74
Electoral list has a title which shall be chosen by the proposer of electoral lists.
If the electoral list is proposed by a group of voters, the title of the electoral list contains the name specified in the voters’ group foundation agreement. The name of the electoral lists may include the name and surname of a person whom the voter group designates as head of the electoral lists. Title of the electoral list of a group of voters may neither contain the words "association" and "party" in any grammatical case, nor not the name of a registered association or a registered political party.
If the electoral list is proposed by an association, the title of the electoral lists may contain the name of the association, as stated in its registration document. The title of the electoral lists may include the name and surname of a person who was designated by the association as a head of the electoral lists.
If the electoral list is proposed by a political party of a national minority, the title of the electoral list must include the name of the political party as stated in its registration document. The title of the electoral lists may include the name and surname of a person who designated by the political party of a national minority as head of the electoral lists.
Title of the electoral list proposed by a group of voters, or an association, may not be referred to the name of churches and religious communities.
Title of the electoral lists shall be stated in Serbian language and the Cyrillic alphabet, and may also be stated in the language and alphabet of a national minority.
Article 75
(Repealed)
Submitting the Electoral Lists
Article 76
The electoral list shall be submitted to the Commission not later than 15 days before the elections.
Along with the electoral list, the following shall be submitted to the Commission:
1) Certified statement of the candidate that he accepts the nomination for the member of the National Council;
2) Consent of the head of the electoral list (if one is designated) to head the electoral list;
3) Power of attorney for a person authorized by the proposer to submit the electoral list;
4) Certified statement of voters that they support the electoral list;
5) List of voters who support the electoral list, in written and electronic form (CD or DVD), so that the list in both forms is identical, and signed by the person submitting the list;
6) Certified agreement on forming a group of voters if the election list is proposed by a group of voters;
7) If the electoral list is proposed by an association, a certified copy of its statute.
Electoral List Proclamation
Article 77
The Commission shall proclaim the electoral list of nominators immediately upon the receipt of the electoral list and pertaining documents and at latest within 24 hours from the receipt of the electoral list.
The Commission shall without delay deliver to the nominator the decision on the electoral list proclamation specified in paragraph 1 of this Article.
Electoral List Deficiencies
Article 78
When the Commission determines that the electoral list has not been submitted in time, it shall issue a decision rejecting it.
If the Commission determines that the electoral list contains deficiencies which hinder the electoral list proclamation, it shall, within 24 hours upon the receipt of the electoral list, pass a conclusion instructing thereby the nominator of the electoral list to remove the deficiencies within 48 hours following the delivery of the conclusion. The conclusion delivered to the electoral list nominator shall elaborate on the manner of removing such deficiencies.
If the Commission determines that the electoral list contains deficiencies and/or that the deficiencies have not been removed, or have not been removed within the specified deadline, it shall issue a decision in the following 48 hours rejecting the electoral list proclamation.
General Electoral List
Article 79
The Commission shall determine the general electoral list separately for each national minority, ten days before the elections take place.
The general electoral list shall include all electoral lists for each national minority with personal names of all candidates, their year of birth, occupation and residence.
The order of electoral lists in the general electoral list shall be determined in accordance with the proclamation of electoral lists.
The Commission shall publish the general electoral list for each national minority in the "Official Herald of the Republic of Serbia".
The person authorized by the electoral list nominator shall be entitled, within 48 hours from publishing of the general electoral list, to perform inspection of pertaining documents submitted with proclaimed electoral lists.
The Commission shall not determine the final electoral list if the number of candidates on proclaimed electoral lists is smaller than the number of members of the National Council to be elected.
Article 80
The Ministry shall render a decision to finalize the special voters’ list 15 days before the Election Day.
The decision to finalize the special voters’ list shall include the data on total number of voters for each national minority, as well as the number of voters per polling station, more specifically a total for each polling place and disaggregated by national minorities.
The Ministry shall publish in the "Official Herald of the Republic of Serbia" the decision to finalize the special voters’ list within 24 hours from rendering of the decision and submit it to the Commission.
The decision of the Ministry shall be final and subject to judicial review within 24 hours of the publication of the decision.
The Administrative Court shall decide on the complaint within 48 hours of receipt of the complaint.
Ministry shall prepare certified extracts from the special voters’ list for each polling place and submit them to the Commission within 48 hours from the time the special voters’ list was finalized.
Besides the information from Article 50 of this Law, the excerpt from the special electoral register shall contain the name of the body which compiled it, date of its compilation and the label of the polling station for which the excerpt has been made.
The Ministry shall submit to the Commission any decisions on entries, deletions, modifications, additions and corrections in the special voters’ list which were made from the finalization of the electoral list until 72 hours before the Election Day.
The Commission shall takes into account only those decisions of the Ministry which were received at least 48 hours before the election day and on the basis of them it shall make changes in the extracts from the special voters’ list and immediately after it shall determine and in the "Official Herald of the Republic of Serbia" publish the final number of voters for each national minority, as and the number of voters per polling station, and the total for each polling place, and disaggregated by national minorities.
Article 81
Republic authorities, the bodies of the autonomous province and local self-government units, public institutions and other bodies shall be obliged to issue, at the voter's request, identification papers for the exercise of the right to vote without delay and not later than a day after the submission of the request.
Article 82
The competent state bodies and the body of the local self-government unit shall be obliged to grant the authorized representatives of the submitters of the approved electoral lists access to the special electoral register as well as to the official documentation based on which the body which is in charge of keeping the special electoral register makes entries, deletions, changes, amendments or corrections in the electoral register.
Inspection of documents is done on the premises of the bodies where the official documentation is stored.
Article 83
(Repealed)
Voting
Article 84
A voter shall vote at the polling station where he is registered in a special electoral register excerpt.
Under exceptional circumstances, a voter may vote outside the polling station referred to in paragraph 1 of this Article in the manner provided by the Law on Election of Deputies.
The method of voting outside the polling station as well as the number of voters who have so voted shall be recorded in the polling board record.
Informing Citizens on Voting
Article 85
Each voter shall receive at latest five days prior to the election day a notification indicating the day and time of elections, the number and address of the polling station and the number of the excerpt from a special electoral register he has been registered under.
The body responsible for keeping the electoral register shall deliver to voters the notification specified in paragraph 1 of this Article.
Voting Method
Article 86
A voter shall cast his ballot personally.
A voter shall vote only once during the elections.
Voting is secret.
Voting is done on certified ballot papers.
It is forbidden to display election campaign material at the polling station and 50 metres from the polling station.
If in the course of voting the rules specified in paragraphs 1 through 4 of this Article are violated, the polling board shall be dismissed and voting at such polling station shall be repeated.
The use of mobile phones and other communication devices is forbidden at the polling station.
The Commission shall determine more specific instructions on measures ensuring the secrecy of ballot.
Time of Voting at Polling Station
Article 87
Polling stations shall open at 7:00 a.m. and close at 8:00 p.m. The polling station must be constantly open during this period.
Voters present at the polling station at the moment of closing shall be allowed to vote.
Members of polling board and their deputies must be at the polling station in the course of voting.
Maintaining Order at Polling Stations
Article 88
If order is violated at the polling station, the polling board may interrupt voting until the order is restored. The reasons for and duration of the interruption shall be entered into the polling board record.
If voting is interrupted for longer than one hour, it shall be prolonged for as much time as the interruption lasted.
The number of voters present in a room where the elections take place shall correspond to the number of voting booths ensuring the secrecy of ballot.
Persons not having rights or obligations related to the conduct of the elections stipulated by this Law shall not be allowed to stay at the polling station.
Members of police force on duty may enter the polling station at the request of the polling board president only if the order and peace have been violated at the polling station.
If the provisions specified in paragraphs 1 through 5 of this Article are violated, an objection may be filed with the Commission which shall determine whether voting at such poling station should be repeated.
Language and Script of Electoral Material
Article 89
The entire electoral material and all documents shall be printed in two languages - in the Serbian language and Cyrillic script and in the language and script of the national minority whose National Council is being elected, if its language and script are in official use in at least one unit of local government.
Ballot paper
Article 90
The ballot paper shall contain:
1) Ordinal number placed in front of the title of the electoral list;
2) Titles of electoral lists according to the order determined in the general electoral list with the personal name of the first candidate on the electoral list;
3) Indication that only one electoral list is voted for by circling the ordinal number in front of the title of the electoral list.
The Commission shall prepare and certify the ballot papers.
The Commission shall determine the number of ballot papers which must be equal to the number of voters registered in a special electoral register.
Ballot papers shall be printed at one location and on a paper protected with a watermark.
An electoral list nominator shall provide the Commission with the name of the person authorized to attend the printing, counting, and packing of ballot papers and their delivery to the bodies in charge of conducting the elections.
The Commission shall specify the form and appearance of ballot papers, the manner and control of their printing, as well as the delivery and handling of ballot papers.
The Commission shall be required to prepare the voting material in due time for each polling board, and especially the required number of ballot papers, the general electoral list, excerpt from a special electoral register and the polling board record form.
The handover of election materials shall be carried out no later than 48 hours before the Election Day.
Administration of the local government shall organize polling stations and prepare for each polling board the required number of ballot boxes with the material for their sealing and writing tool-kits.
On the election day, prior to voting, the polling board shall determine whether electoral material prepared for that polling station is complete and correct, whether the polling station is arranged so as to ensure secrecy of ballot and whether voting may commence, and shall so enter into its record.
The final electoral list of each national minority shall be prominently displayed at the polling place during voting.
The representatives of electoral list nominators shall be entitled to perform inspection of electoral material. The inspection shall be performed on the premises of the Commission. The inspection of electoral material may be performed within five days after the election day.
Keeping Electoral Material
Article 91
Electoral material is kept for at least four years.
The Commission shall prescribe ways of inspecting and keeping the electoral material.
Voting
Article 92
The polling board shall check the ballot box in the presence of a voter who first comes to the polling station. Checking shall be done in order to determine whether the ballot box is sound, empty and adequate to ensure the safety and secrecy of the content of the ballot papers. The result of the control shall be entered into the control ballot paper which is then signed by polling board members and the voter who first came to the polling station.
A control ballot paper shall be inserted into the ballot box which is then sealed in the presence of the first voter, and so shall be entered into the Poling Board record.
Upon opening the ballot box, it shall be first determined whether the control ballot paper is inside. If there is no control ballot paper in the ballot box, the polling board shall be dismissed and a new one appointed and voting at such polling station shall be repeated.
The Commission shall prescribe the form of the control ballot paper and the manner of the ballot box sealing.
The Course of Voting
Article 93
A voter shall say to the polling board his personal name and hand in the notification on voting and shall prove his identity with an identity card or some other document.
A voter may not vote without having submitted evidence on his identity. Having determined the identity of the voter, a polling board president or member shall circle the ordinal number under which the voter is registered in the excerpt from a special electoral register and explain the manner of voting.
The voter shall sign the electoral register and take the ballot paper.
Each voter who voted and received electoral material shall have his index finger on the right hand marked with a special spray, as an indication that he has already voted. The mark on the index finger lasts no less than 24 hours.
Polling board members may not influence the decision of the voter in any way.
Polling board members are required to explain the manner of voting to the voter if he so demands.
Polling board members are required to take care that no one disturbs the voter while he fills in the ballot paper and that the secrecy of ballot is ensured.
On the election day no modifications may be performed in the excerpts from special electoral registers.
If, in the course of voting, provisions specified in paragraphs 5 through 8 of this Article are violated, the Commission shall dismiss the polling board, appoint a new one and arrange repeated elections at that polling station.
Manner of voting
Article 94
A voter may vote for one electoral list only. Voting is done by circling an ordinal number in front of the title of the electoral list.
A voter shall personally fold his ballot paper so that it shall not be visible who he has voted for and shall put it into the ballot box and leave the polling station.
Rules on the election of deputies shall apply to voting outside the polling station.
Establishing Election Results at Polling Station
Article 95
Upon concluding of voting, the polling board shall commence determining election results at the polling station.
The polling board shall determine the number of unused ballot papers and put them in a separate envelope, which is then sealed, and the number is entered into the record.
On the basis of the excerpt from a special electoral register the polling board shall determine the total number of voters who have voted.
Once the ballot box is opened and the control ballot paper is checked, valid ballot papers shall be separated from invalid ones and the number of invalid ballot papers is entered into the record.
An invalid ballot paper is an empty ballot paper, a ballot paper filled in such way that it cannot be established which electoral list received the vote, and a ballot paper on which more than one electoral list has been circled.
If the full name of the first candidate in the electoral list is circled or the title of the electoral list or part of the title is circled, or if both the ordinal number and the electoral list title and the full name of the first candidate are circled, such ballot paper shall be deemed valid.
If it is determined that the number of ballot papers in the ballot box exceeds the number of voters who have voted, the polling board shall be dismissed and a new one appointed, and voting at such polling station shall be repeated.
Upon having established the election results, the polling board shall enter into its record of work: the number of received ballot papers; number of unused ballot papers; number of invalid ballot papers; number of valid ballot papers; number of votes won by each of the electoral lists; number of voters according to the excerpt from a special electoral register and the number of voters who have voted.
The polling board record shall also include remarks and opinions of polling board members, of electoral list nominators, as well as all other facts relevant for voting.
The record of the polling board work shall be signed by all members of the polling board.
Polling Board Record
Article 96
The record of the polling board work shall be made on the prescribed form and printed in six copies.
The first copy of the record and determined electoral material shall be delivered to the Commission.
The second copy of the record shall be displayed at the polling station for the public.
The four remaining copies of the record shall be handed over immediately to representatives of nominators of electoral lists which have won the largest number of votes at such polling station and if the representative is not present, he may receive the copy of the record from the Commission within 12 hours upon conclusion of voting.
The remaining nominators shall be entitled, within 12 hours of delivery of the material from the polling station to the Commission, to obtain a certified photocopy of the polling board record from the Commission.
Delivery of Results from Polling Station
Article 97
After determination of the election results, the electoral committee shall without delay, and no later than 12 hours from the closing of the polling station, submit to the Commission the following: minutes of its proceedings; extract from the special voters’ list; unused, invalid and valid ballots - in separate sealed envelopes; and the remaining election material.
Determination and Announcement of Election Results
Article 97a
Based on the minutes on proceedings of electoral committees, the Commission shall determine the overall election results for each National Council that includes:
1) Number of voters registered in the special voters’ list;
2) Number of polling stations where voting took place;
3) Total number of voters who voted;
4) Number of ballots received;
5) Number of unused ballots;
6) Number of used ballots;
7) Number of invalid ballots;
8) Number of valid ballots;
9) Number of votes the electoral list received;
10) Number of seats in the National Council received by each of the lists.
The Commission shall publish the report containing overall results of the election in the "Official Herald of the Republic of Serbia" within 96 hours from the end of voting.
The Commission shall publish in media the provisional data on the results of the election from the completion of voting until the announcement of the election results.
Distribution of Mandates among Electoral Lists
Article 98
Each list shall receive the number of mandates proportional to the number of votes received.
The Commission shall allocate the mandates by applying the system of highest quotient.
Mandates shall be distributed by dividing the total number of votes received by each electoral list with numbers from one to the number of members of the National Council to be elected.
The resulting quotients shall be sorted by size, and the largest quotients shall be taken into account relative to the number of members of the National Council to be elected.
If two or more electoral lists get the same quotients for the reception of one mandate, and no more unassigned mandates remain, the mandate shall be allocated to the electoral list which received a higher number of votes.
When an electoral list receives more mandates than it had nominations for members of the National Council, the mandate shall be allocated to an electoral list with the next largest quotient.
Mandates that belong to the electoral list shall be allocated to candidates from the electoral list according to their order on the list, starting with the first candidate.
Within three days of the determination of the final results of the elections the Commission shall issue a decision on the allocation of mandates to the members of the National Council.
The decision shall be submitted to the Ministry and published in the "Official Herald of the Republic of Serbia".
Against the decision on the allocation of the mandates to the members of the National Council shall be subject to judicial review 24 hours after the publication of the decision.
The Administrative Court shall decide on the complaint within 48 hours of receipt of the complaint.
The Commission shall issue a certificate of election for the member of to the National Council to the candidates to whom the mandates were allocated.
Article 99
(Repealed)
3. Election of Members of National Councils through Electoral Assembly
Article 100
The Electoral Assembly shall elect the members of the National Council if the conditions for direct elections have not been met and if, after the dissolution of the National Council, new elections were called within 60 days of the dissolution.
The process of election of members of National Councils via electoral assemblies shall be initiated by the decision on calling elections.
Date and place of the Electoral Assembly meeting and public invitation to all Electors to submit in due time their complete written applications for participation in the Electoral Assembly shall be announced in the mass media.
Article 101
A member of a national minority entered into special voters’ list shall be eligible to serve as an elector if his nomination is supported by at least:
1) 20 members of a national minority entered into special voters’ list, for the national minority whose population according to the last census is less than 10,000 persons;
2) 30 members of a national minority entered into special voters’ list for the national minority whose population according to the last census is more than 10,000 persons, but less than 20,000 persons;
3) 45 members of a national minority entered into special voters’ list for the national minority whose population according to the last census is more than 20,000 persons, but less than 50,000 persons;
4) 60 members of a national minority entered into special voters’ list for the national minority whose population according to the last census is more than 50,000 persons, but less than 100,000 persons;
5) 100 members of a national minority entered into special voters’ list for the national minority whose population according to the last census is more than 100,000 persons.
Signatures in support of electors must be certified by a competent authority for certification of signatures. Certification of signatures shall not be subject to fees.
Article 102
A candidate for the elector shall submit the elector application to the Ministry for approval.
The elector application shall contain a statement that the candidate is applying for Electoral Assembly of the National Minority and personal information and certified statements of voters who support the elector candidacy, as well as a list of voters who support the nomination for elector made in written and electronic form (CD or DVD), so that the list in both forms is identical, and signed by the person submitting the elector application for approval.
Member of a national minority may support only one elector.
The form and content of the form for collection of signatures of voters who support electors shall be prescribed by the Minister.
The elector application shall be submitted to the Ministry not later than 30 days before the electoral assembly.
The Ministry shall decide on the approval of elector application within 48 hours of receipt of the elector application.
The decision of the Ministry shall be final and subject to judicial review within 24 hours of receipt of the decision, and the Administrative Court shall decide on the complaint within 48 hours.
The Ministry shall send a written invitation for the electoral assembly to all electors whose elector application is approved.
Article 103
(Repealed)
Article 104
(Repealed)
Article 105
Electoral Assembly may be held if more than one-half of the number of the Electors whose Electoral Applications have been confirmed are present.
By way of exception from paragraph 1 of this Article, the Electoral Assembly shall not be held if the following are not approved for the electoral assembly or if the following do not attend the electoral assembly:
1) At least 20 Electors in case of national minorities whose number according to the most recent census is below 10,000;
2) At least 30 Electors in case of national minorities whose number according to the most recent census is over10,000 but below 20 000;
3) At least 45 Electors in case of national minorities whose number according to the most recent census is over 20,000 but below 50,000;
4) At least 60 Electors in case of national minorities whose number according to the most recent census is over 50,000 but below 100,000;
5) At least 100 Electors in case of national minorities whose number according to the most recent census is over 100,000.
Article 106
Elections at the electoral assembly shall be carried by a committee of three members (hereinafter: the Committee), appointed by the Commission among connoisseurs of elective procedures.
The Commission shall appoint the Committee within the period of three days of receipt of the notification by the Ministry that a sufficient number of electors, prescribed by this law, were approved for the electoral assembly.
The Committee shall make a decision to adjourn the election of the National Council if the electoral assembly is not attended by the legally prescribed minimum number of electors, if not a single electoral list applied for the election of members of the National Council, if none of the applied electoral lists is proclaimed, and if, due to the present statutory reasons, a final electoral list is not determined.
Against any decision of the Committee elector may file an appeal with the Commission within three hours of the decision.
The Commission shall decide on the appeal within 12 hours of receipt.
Decision of the Commission shall be subject to judicial review within three hours of receipt of the decision, and the Administrative Court shall decide on the complaint within 12 hours.
The members of the Committee shall be entitled to compensation for the work in the Committee, as determined by the Commission.
Article 107
The Electoral Assembly shall begin its work upon determination of the number of present electors by the Committee, through a list of Electors whose elector application was approved provided by the Ministry.
Article 108
The Electoral Assembly shall make its decisions by public majority vote of the present Electors.
The Electoral Assembly shall elect members of the National Council by secret vote.
The Electoral Assembly may make other decisions also by secret vote if it so decides.
Article 109
Electoral Assembly shall elect the members of the National Council from among the voters registered in the special voters’ list.
Electoral Assembly shall elect the members of the National Council under the proportional representation system.
The list of candidates (hereinafter: the list) for members of the National Council may be proposed by one quarter of electors present.
List of candidates shall be accompanied by a certified statement of voters on nomination acceptance.
On the list, among every three candidates in the order on the list (the first three places, three second places and so on until the end of the list), must be at least one candidate of the gender less represented on the list.
An elector may vote in support of only one list.
The list must contain at least one-third of candidates from the number of members of the National Council to be elected, and no more than the number of members of the National Council to be elected. The order of the candidates shall be determined by the list proposer.
Electors shall vote in secret, on ballots prepared in advance, on which they write the name of the head of the list, or its number.
The Committee shall allocate the mandates using the system highest quotient.
Mandates shall be distributed by dividing the total number of votes received by each list with numbers from one to the number of members of the National Council to be elected.
The resulting quotients shall be sorted by size, and the largest quotients shall be taken into account relative to the number of members of the National Council to be elected.
If two or more lists get the same quotients for the reception of one mandate, and no more unassigned mandates remain, the mandate shall be allocated to the list which received a higher number of votes.
When a list receives more mandates than it had candidates for members of the National Council, the mandate shall be allocated to a list with the next largest quotient.
Mandates that belong to the list shall be allocated to candidates from the list according to their order on the list, starting with the first candidate.
Within three days of the determination of the final results of the elections the Committee shall issue a decision on the allocation of mandates to the members of the National Council and submit it to the Ministry and publish it in the "Official Herald of the Republic of Serbia".
The Committee shall issue a certificate of election for the member of to the National Council to the candidates to whom the mandates were allocated.
VIa INAUGURAL MEETING OF THE NATIONAL COUNCIL
Article 109a
The inaugural meeting of the National Council shall be convened by the Minister, so that it is held within 20 days of the determination of the final election results.
Mandates of the National Council members shall be confirmed at the inaugural meeting.
Confirmation of mandate of a member of the National Council shall be made on the basis of a certificate of election to the National Council and the decision on the allocation of mandates to the members of the National Council.
The National Council shall be constituted upon confirmation of mandates of all members of the National Council.
Work at the inaugural meeting of the first session of the National Council shall be governed by the provisional rules of procedure enacted by the Ministry. In the absence of its rules, the provisional rules of procedure shall be also applied by other National Councils.
Article 110
(Repealed)
Article 111
(Repealed)
VII FINANCING THE REGULAR WORK OF NATIONAL COUNCIL
Article 112
The National Council shall adopt its annual financial plan, financial report and final financial statement.
The annual financial plan of the National Council shall specify all income and expenses of the National Council for the calendar year.
The annual financial plan shall be adopted in accordance with the procedure and method stipulated in the Statute of the National Council.
Within 15 days of the day of adopting its annual financial plan or final financial statement, the National Council shall be obliged to send the copy of the annual financial plan or final financial account to the Ministry.
Article 113
Funds acquired in accordance with this Law may be used for financing the expenditures pertaining to:
1) Regular operations of the National Council,
2) Financing the work of the institutions, foundations, commercial companies and organisations founded or co-founded by the National Council, institutions, foundations, commercial companies and other organisations whose rights of establishment have been delegated to the National Council.
The regular operation expenditures include, in particular:
1) Financing or co-financing of programs and projects in the field of education, public information and official use of the language and script of a national minority;
2) Costs associated with renting and occupying of the National Council premises;
3) Wages, taxes and social security contributions for the National Council employees;
4) Fees and reimbursements for the work done on behalf of the National Council;
5) Travelling costs and allowances for business trips;
6) Supply of office equipment and stationery for the work of National Council;
Article 114
Sources for financing the work of national councils are secured from the budget of the Republic of Serbia, budget of the Autonomous Province of Vojvodina and budget of local self-government units, donations and other revenues.
Article 115
The amount of funds from public sources to be provided for financing the operations of National Councils shall be determined for every year by the Law on the Budget of the Republic of Serbia and/or decisions on the budget of the Autonomous Province of Vojvodina and the units of local self-government.
The funds provided under paragraph 1 of this Article to be provided in the budget of the Republic of Serbia, are distributed in the following way: 30% of the funds shall be distributed among all registered National Councils in the Republic of Serbia in equal shares, and the residual value (70%) shall be distributed among the registered National Councils in the Republic of Serbia proportionately to the number of members of a national minority represented by the National Council as well as to the aggregate number of institutions and their scope of work in the field of education, public information and official use of language and script.
Decision on the allocation of funds from the budget of the Republic of Serbia shall be made by the Ministry upon consideration of the proposals filed by the National Councils.
Funds provided in the budget of the Autonomous Province of Vojvodina under paragraph 1 of this Article, are distributed pursuant to a budget decision enacted by the responsible Provincial authority among the National Councils seated in the territory of the Autonomous Province of Vojvodina.
Funds provided for the budget of local self-government units under pragraph 1 of this Article, are distributed pursuant to a budget decision enacted by the responsible local self-government authority among the National Councils representing the national minorities whose members make up for at least 10% of the total population of the local self-government unit or whose language is officially used at the territory of the local self-government unit.
Financing of Work of Institutions whose Rights of Establishment Are delegated to National Councils
Article 116
The financing of work of the institutions or other organisations whose rights of establishment are fully or partially delegated to the National Council shall be effected on the basis of the same normative provisions and from the same sources as these institutiones were financed prior the transfer of the establisher's rights to the National Councils
Financial obligations of the previous founder towards the institutions or other organisations whose founder shall thereafter become the National Council shall be specified in the agreement on delegation of the right of establishment.
In addition to funds under paragraphs 1 and 2 of this Article, the National Council may provide supplementary funds for the operation and work of the institutions or other organisations whose right of establishment has been delegated to the National Council.
National Council Account, Mandatory Bookkeeping and Financial Control
Article 117
The National Council shall have an account.
The National Council shall keep accounting records of all income and expenses.
The bookkeeping shall be kept according to the origin, amount and structure of income and expenses in compliance with the accounting regulations.
The credit and debit bookkeeping records of the National Council is subject to annual audit in accordance with the accounting regulations, and may be subject to control by competent bodies.
The National Council is required to keep special records of its property.
Article 118
The Statute of the National Council shall specify a person responsible for financial operations, reporting and bookkeeping of the National Council.
Should the National Council fail to specify a responsible person in the Statute, the President of the National Council shall perform this function.
National Minorities Budgetary Fund
Article 119
National Councils shall participate in the procedure of allocation of resources from the National Minorities Budgetary Fund on the basis of public competition for projects and programs in the field of culture, education, media and the official use of language and script of national minorities.
The Ministry shall manage the National minorities Budgetary Fund.
Article 120
The Minister shall monitor the legality of work and documents of the National Councils in accordance with the Constitution and law.
The National Council is obliged to forward any requested information, files and documents to the Ministry that monitors the legality of work and documents of the National Councils within eight days upon the Ministry's request.
President of the National Council shall be responsible for the delivery of requested information, files and documents.
Article 121
The competent Ministry shall initiate a procedure before the Constitutional Court for the assessment of legality and consistence with the Constitution of a National Council's Statute, regulations or any other general document, if a document is not considered to be in accordance with the Constitution, law or other republic regulations.
The competent body of the territorial autonomy shall initiate the procedure prescribed in paragraph 1 of this Article if a document is considered not to be in accordance with the provincial regulations.
Article 122
The Ministry is obliged to stop the implementation of any document of the National Council which is considered not to be in agreement with the Constitution or law by issuing a Decision which shall come into force upon its publication in the "Official Herald of the Republic of Serbia". The Ministry shall, within five days from publication of the decision, institute a procedure for the assessment of legality and consistence with the Constitution of the general document.
The Decision on stopping the implementation expires if the Ministry within five days from its publication fails to institute the procedure specified in paragraph 1 of this Article.
Article 123
A fine of from 10,000 to 30,000 RSD shall be imposed for violation against a person who:
1) Fails to enter voters' names into or remove them from the special electoral register or does so contrary to Article 47 of this Law;
2) Makes use of data entered in the special electoral registers of national minority members for purposes other than stipulated by this Law contrary to Article 49 of this Law;
Article 124
A fine of from 10,000 to 30,000 RSD shall be imposed for violation against a person who uses a bleeper, mobile phone or other telecommunications devices at a polling station contrary to Article 86, paragraph 7 of this Law.
Article 125
A fine of from 10,000 to 30,000 RSD shall be imposed for violation against a person who commits disorder at a polling station, causing the voting to be disrupted in accordance with Article 88 of this Law.
Article 126
A fine of from 10,000 to 30,000 RSD shall be imposed for violation against a legal or natural person who violates or abuses the right to use national symbols.
Article 127
A fine of from 500 to 50,000 RSD shall be imposed for violation against a responsible person at a National Council who:
1) Fails to proceed in accordance with Article, 6 parapraph 3 of this Law;
2) Contrary to Article 120, paragraph 2 of this Law within 8 days upon receiving a request fails to submit requested data, documents and statement to the Ministry which monitors the legality of work and general acts.
Article 128
A fine of from 50,000 to 200,000 RSD shall be imposed for violation against a National Council if:
1) Within 30 days from the day of adopting amendments to the Statute, it fails to inform the Ministry on the amendments and submit them together with the minutes from the session in which they were adopted;
2) Contrary to Article 120, paragraph 2 of this Law within 8 days upon receiving a request fails to submit requested data, documents and statement to the Ministry which monitors legality of work and general acts of the National Councils.
X TRANSITIONAL AND CONCLUDING PROVISIONS
Article 129
The Minister shall pass a decision for calling the election of national councils within 6 months after this Law enters into force.
From the day of issuing a call for the elections until the election day specified in paragraph 1 of this Article a period of time is required counting no less than 60 days and no more than 90 days.
Electoral Assembly shall be held within a period of time which can not be shorter than 60 days or longer than 90 days starting from the date of passing the decision specified in Article 100, paragraph 2.
The manner of conducting the elections shall be determined in accordance with this Law.
Article 130
It is binding on National Councils to enact new or harmonize their old Statutes and general acts with the provisions of this Law within three months from the date of their constitution.
Article 131
The provisions of this Law which refer to the right of National Councils to submit their proposals or opinions in the procedure of selection or appointment of members of the bodies established by the Republic of Serbia, Autonomous Province of Vojvodina or local self-government units shall be applicable as of the first next procedure of selection or appointment of members of these bodies.
Article 132
Permanent composition of the CEC shall be nominated by the Ministry, within 30 days of entering into force of this Law.
Article 133
Regulations under Articles 4, paragraph 4, Article 52, paragraph 3, 55 and Article 102, paragraph 4 of this Law shall be enacted by the Ministry within 30 days upon entering into force of this Law.
Article 134
The Executive Board of the Union of Jewish Municipalities of Serbia shall function as the National Council, President of the Union of Jewish Municipalities of Serbia being member of the Council for National Minorities of the Republic of Serbia.
Article 135
If the National Council fails to determine the traditional names referred to in Article 22 of this Law, within three months from the day of coming into force of this Law, the names shall be determined by the Government of the Republic of Serbia, or, where the National Council is seated in the territory of the Autonomous Province, by the competent body of the Autonomous Province in co-operation with the local self-government units, national minority organisations and experts in the field of language, history and geography of that national minority.
The provisions under paragraph 1 of this Article do not pertain to National Councils that have determined the traditional names referred to in Article 22 of this Law prior to coming into force of this Law.
Article 136
For the purpose of certain elections, the Ministry may allow permanent residence, which is the pre-requisite for the exercise of an active or passive right to vote, to be replaced with temporary residence in case of persons who have come from Kosovo and Metohija.
Article 137
By entering into force of this Law all National Councils shall be elected and/or re-elected
If on the day of calling for election for The National Councils a National Council has not completed half of its mandate, its mandate shall be restored and shall continue the same way as mandates of National Councild that are being elected.
The National Councils which have been elected prior to entering into force of this Law, but whose term has expired, shall continue to work until the elections and/or constitution of the National Council according to provisions of this Law.
Article 138
On the day this Law enters into force, the following shall cease to be valid:
1) Article 24 of the Law on the Protection of Rights and Freedoms of National Minorities ("Official Gazette of FRY" no. 11/2002);
2) Rules on the Method of Operation of Assemblies of Electors for the Election of National Minority Councils ("Official Gazette of FRY" no. 41/2002);
Article 139
This Law shall take effect on the eighth day following its publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amendments to the Law on National Councils of National Minorities
("Off. Herald of RS", No. 55/2014)
Article 67
The provisions of this law on the number of adult members of the national minority who need to support a request for a special voters’ list shall apply to national minorities whose special voters’ list had not been formed before the day of this law’s entry into force.
Minister shall call the elections for members of the National Council in accordance with this law so that they are held in October 2014.
After the elections, the National Councils shall be obliged to harmonize their statutes with this law within 20 days from the day of their constitution.
National councils shall harmonize the work of their bodies with this law no later than 40 days after the constitution of the National Council in accordance with this law.
The Minister shall issue bylaws envisaged by this law within 60 days from the day of this law’s entry into force.
Article 68
This Law shall enter into force on the eighth day of its publication in the "Official Herald of the Republic of Serbia".