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Изборни депозит и демократски избори
Election Deposit and Democratic Elections

Author(s): Goran Marković
Subject(s): Human Rights and Humanitarian Law, Electoral systems
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Election deposit;Elections;Political subjects;Test of proportionality;European Court of Human Rights;
Summary/Abstract: The author explores the nature and significance of the election deposit, which is one of the conditions which the political subjects have to fulfill in order to participate in the elections. The main dilemma is if the election deposit is legitimate, having in mind the aim which has to be realized, namely the prevention of the frivolous candidates participation in the elections.In this work, the author analyzes legal solutions in different states as well, concluding that the election deposit is not universally accepted measure. Even when it is accepted, it is coupled with some other conditions for participation in the elections. The author also analyzes the practices of the European Court on Human Rights as well as of the national courts, which are different, since some courts consider the election deposit is a legitimate and rational measure, while the others negate its constitutionality.The author concludes that the election deposit is not a legitimate measure since it causes unequal position of the political subjects, preventing or worsening participation in the elections of the small and new founded political parties, or independent candidates. This measure has discriminatory character since its aim can be achieved with another, less restrictive measure, such as the collection of the voters’ signatures.