Implementation of the active and passive suffrage in parliamentary elections in the states of former Yugoslavia. Comparative law approach) Cover Image

Realizacja czynnego i biernego prawa wyborczego w wyborach do parlamentu w państwach byłej Jugosławii. Ujęcie prawnoporównawcze
Implementation of the active and passive suffrage in parliamentary elections in the states of former Yugoslavia. Comparative law approach)

Author(s): Marcin Hamielec
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Human Rights and Humanitarian Law, Administrative Law
Published by: Oficyna Wydawnicza KA AFM
Keywords: czynne prawo wyborcze; bierne prawo wyborcze; wybory do parlamentu; była Jugosławia; active suffrage; passive suffrage; parliamentary elections; former Yugoslavia

Summary/Abstract: This article is a comparison of current electoral legislation on active and passive suffrage in parliamentary elections in the countries of the former Yugoslavia (Bosnia and Herzegovina, Croatia, Montenegro, Northern Macedonia, Serbia and Slovenia). Furthermore, the article verifies two research hypotheses. It was verified whether these countries show significant differences with respect to each other in the aforementioned scope, taking into account the fact that they were recently part of the one legal system. It was also examined whether the regulations implementing the active and passive suffrage in the relevant states can be considered as compatible with the democratic principle of universal suffrage. The analysis of relevant constitutional and statutory provisions allowed answering such questions. Both hypotheses were verified negatively. It turns out that in the states of former Yugoslavia there are significant differences in the scope of realization of active and passive suffrage in parliamentary elections. However, only the electoral provisions of Croatia, Serbia and Slovenia fully comply with the principle of universal suffrage.

  • Issue Year: 32/2023
  • Issue No: 1
  • Page Range: 137-162
  • Page Count: 26
  • Language: Polish