UNIVERSAL SUFFRAGE IN THE GLOBALIZATION ERA: DIASPORA VOTING Cover Image

ОПШТЕ БИРАЧКО ПРАВО У ЕРИ ГЛОБАЛИЗАЦИЈЕ: ГЛАСАЊЕ ДИЈАСПОРЕ
UNIVERSAL SUFFRAGE IN THE GLOBALIZATION ERA: DIASPORA VOTING

Author(s): Maja Nastić
Subject(s): Constitutional Law, Globalization
Published by: Правни факултет Универзитета у Нишу
Keywords: universal suffrage; globalization; political rights; diaspora voting; external voting; Serbian legislation

Summary/Abstract: In the era of globalization, the principle of universal suffrage can be achieved if citizens who live abroad are eligible to vote in the elections held in the country of their origin. Large population migrations, which inevitably accompany globalization processes, impose the need for full recognition of their political rights. Diaspora (external) voting is a way to ensure the exercise of the right to vote for all citizens who are temporarily or permanently residing outside their country of origin. External voting is seen as an integral part of universal suffrage. It can be made accessible to all citizens residing outside the national territory or there may be certain restrictions on the entitlement to vote externally. The largest number of EU countries recognizes the advantages of external voting, as evidenced by recent changes in their election laws. Citizens who live abroad may be enabled to vote if a specific number of them have been registered by the representatives of the diplomatic mission in the country of residence, and their right to vote may be time-limited. A particularly important aspect of external voting refers to the way in which the external voters’ ballots are transformed into seats in Parliament. Thus, there are two options: establishing extraterritorial electoral units, or counting the votes of external voters in the existing constituencies. Another very important issue is whether diaspora voting contributes to exercising the diaspora voting rights, and whether it increases the legitimacy of the democratic system or, in turn, reduces it. The focal point of this article are some key elements of diaspora voting in Serbian elections: whether and under what conditions the diaspora voters may vote, what is the dynamics of such participation and what is the turnout, and what are the organizational and technical challenges posed by the external voting. Under the amended 2004 Act on Elections of Member of Parliament, Serbian citizens residing abroad are enabled to vote in elections held in Serbia. In this article, the author examines the relevant legal provisions on the exercise of the active voting right of Serbian citizens living abroad and analyzes the actual effects of diaspora voting right on the elections in Serbia.

  • Issue Year: LVI/2017
  • Issue No: 76
  • Page Range: 83-100
  • Page Count: 18
  • Language: Serbian