Serbia and Hungary: Hammering Democracy

Author(s): Marko Drajić / Language(s): English

Hungary is currently Serbia’s closest international partner. Bilateral relations between the two countries are no longer marred by any disputes and their political and economic interests increasingly coincide. The values underpinning the administrations of both countries have converged to such an extent that a similar modus operandi is evident in their attitudes to issues such as democracy, the rule of law, institutions, foreign policy priorities, political opposition, the media, non-governmental organisations and the migrant crisis. According to the latest Freedom House report, these values and the political systems they have given rise to categorise these two countries as hybrid regimes – one step closer to authoritarian systems of government.

QUOTAS IN THE SERBIAN SECURITY SECTOR – DO THEY CONSTRAIN OR PROMOTE WOMEN?

Author(s): Maja Bjeloš / Language(s): English

Worldwide, the security sector is dominated by men, and Serbia is no exception to this. Recent times have seen some changes to this situation, with the quota system being among the factors responsible for this. Quotas are provisional measures which set a minimum proportion of women in security sector institutions. In the Serbian security sector, a quota system is used for the enrolment of women in police or military schools or in training for police or military jobs. Are quotas suitable for resolving the problem of inequality between women and men? Do they constrict or encourage the recruitment and promotion of women in traditional security institutions? Do they alter the prevailing perception of the role of women in the security sector, or do they reinforce existing preconceptions? This paper focusses primarily on analysing the way in which the quota system has been applied in the Serbian police and military. Based on this, recommendations are made for security and defence system institutions. In addition, the paper attempts to identify the origin of quotas and to outline the advantages and shortcomings of their application in the security sector.

Attitudes of Serbian Citizens Regarding Relations with Kosovo and Albania

Author(s): Maja Bjeloš / Language(s): English

Relations between Serbia and Kosovo are currently reduced to the EU-facilitated talks in Brussels. The long-stalled talks went “back on track” after the appointment of EU Special Representative Miroslav Lajcak. The resumption of the dialogue was influenced by a different US approach to the Balkans following the presidential election and the appointment of Special Envoy Gabriel Escobar. Despite the international community’s strong desire for the leaders of Serbia and Kosovo to return to the negotiating table, it seemed that Serbian President Aleksandar Vučić and Kosovo’s Prime Minister Albin Kurti were unwilling to take a step forward. Their first meeting in June 2021 in Brussels was not encouraging, as it revealed personal animosities that threatened to bring the dialogue to another impasse. With an accession perspective that includes no date, i.e. without a tangible ‘carrot at the end of the stick’, leaders seem less motivated to make bold decisions. The actors were more engaged in the production and management of a crisis than in taking an effort to reach a final solution and progress towards EU membership. All in all, ten years after the dialogue began, there is little room for optimism as relations between Serbia and Kosovo are now at their lowest level. Many agreements have not been fully implemented, while the implementation of Brussels’ provisions concerning the association of Serb-majority municipalities is still pending.

URGENT POLICE DEPOLITICISATION IN THE WESTERN BALKANS

Author(s): Sofija Mandić / Language(s): English

One of the biggest problems faced by the police in the Western Balkans is politicisation and lack of operational independence from political leaders and structures. This is confrmed by the legal framework on policing which introduces a wide scope of competencies of Ministers of Interior and other politically elected figures, and by the citizens’ perception that the police serve the political parties’ interests. The Bosnia and Herzegovina (BIH) Law on Internal Affairs of 2014 allows direct and indirect influence of political parties and officials on the autonomy of the police. Most important shortcomings are related to the Federal Minister of Interior who is allowed to make decisions regarding concrete police actions, influence human resources micro-management, and decide on the use of police finances and detention treatment and rules. The Law only declaratively stipulates that the police are subjected to civilian and democratic control. However, more than 80 percent of the citizens of BIH believe that the influence of politics on operative work of the police is quite high. In Kosovo, before the Prime Minister takes a decision on the appointment of Police Director General, the Minister of Internal Affairs interferes in the process by establishing and regulating the work of the Commission whose task is to nominate the candidates. The 2012 Law on Police in Kosovo allows direct influence of the Minister of Internal Affairs on the internal organisation of the police and the establishment of special police units. The Minister can compromise the operational independence of the police regardless of the fact that the Law on Police stipulates otherwise. More than 70 percent of the citizens perceive police as politicised and fully, or to some extent, under political control. The Montenegrin Law on Internal Affairs of 2012 allows the Minister of Interior to influence the Police Director’s appointment by proposing the candidate to the Government, and to influence the work of the Police Directorate by appointing Police Director’s deputies. The Minister is allowed to define the exceptions concerning the duties that are deemed incompatible with police work, but he also has discretionary powers to allow police officers to conduct some activities that are in contravention to the rules if he estimates that this will not harm the professional work of the Ministry. The Minister can decide in disciplinary proceedings and develop its rules. The public image of the police as an authority serving the citizens is better, to the extent that the legal framework is more progressive – one third of the citizens believe that the police is working in their interest. The Serbian Law on Police of 2016 does not create sufficient and necessary conditions for depoliticisation of the police. The text of the law mentions “respect for the operational independence of the police” but fails to specify what that actually means. The Minister of Interior is allowed to prescribe the mode of performance of internal affairs tasks, request reports, data and other documents relating to the work of the police and the Ministry, and provide the Internal Affairs Sector with binding instructions for work, as well as with orders to perform certain tasks and undertake certain measures. The Minister is given the power to assign and dismiss the highest ranking heads of the Police Directorate. More than 80% of the citizens see the police as an institution serving others’ interests instead of theirs. There are various legal shortcomings influencing the operational independence of the police in the Western Balkans. It is therefore necessary that the international community – the European Union (EU) in particular – advocate the development of legal instruments and institutional mechanisms which will prevent the political leaders and structures from crossing the forbidden line and becoming involved in the operational work of the police.

THE ROLE OF PARLIAMENTARY OVERSIGHT IN BUILDING POLICE INTEGRITY IN SERBIA

Author(s): Katarina Đokić / Language(s): English

Parsimonious legal framework and parliamentarians’ reluctance to utilise their powers have impeded parliamentary oversight of police work. Hence, the parliament does not have a significant role in building police integrity in Serbia.

Monitoring of Implementation of the Agreement Concluded between Kosovo and Serbia in the Field of Free Movement of People and Goods

Author(s): Predrag Bjelić,Bisera Seceragić,A. Besnik Krasniqi,Addhe Krasniqi,Vladimir Petronijević,Miroslava Jelačić,Doruntina Vinca / Language(s): English

On top of all respect for previously concluded and future talks and agreements, the agreement on freedom of movement of people is one of the fundamental agreements, and evaluation of overall relations between Belgrade and Pristina shall depend on its implementation. Can normalization be discussed if people cannot move and communicate freely? Are obstacles to free movement of people still present and what can be done to remove those obstacles? Freedom of movement is one of the fundamental freedoms upon which EU stands and substantial progress of Belgrade and Pristina on the way toward the EU depends on readiness to respect and guarantee that freedom. Agreement on freedom of movement was concluded in July 2011 and implementation of the agreement began on December 26th 2011. This agreement provided free movement for citizens of Kosovo and Serbia within territories of Kosovo and Serbia. This was made possible with identification documents (personal ID cards). Freedom of movement also includes traveling by vehicles, on condition of paying mandatory border (administrative) insurance. Agreement on integrated management of border/administrative line was concluded by teams of negotiators during the technical dialog in December 2011, but the implementation did not begin until December 2012, one year after the dialog, immediately upon the beginning of political negotiations between the Premiers of Serbia and Kosovo.

Public Opinion Poll: Euro-Atlantic Integration and Dialogue between Belgrade and Prishtina

Author(s): / Language(s): English

Center for Free Elections and Democracy (CeSID) and Center for Euro-Atlantic Studies (CEAS), BelgradeNovember 08, 2018

Prvih pet godina

Author(s): / Language(s): Serbian

The Center for Free Elections and Democracy is a non-profit organization founded in August 1997 by a group of students – members of the Legal Committee of the Belgrade Student Protest of 1996-97, professors of the Faculty of Law and leading experts in the field of electoral process studies. The Center was founded primarily with the aim of organizing impartial election observation in Serbia, including media monitoring, voting observation and parallel vote counting.

(Un)proven Irregularities: Election dispute resolution

Author(s): Not Specified Author / Language(s): English

The survey (Un)proven Irregularities: Election dispute resolution in the 2023 election is the third such study stemming from CeSID’s work on electoral justice in Serbia. The first assessment of this kind, Electoral Justice: Here, Now, Tomorrow [The case of Serbia] was published in the spring of 2021 and aimed at highlighting the importance of election dispute resolution as a key pillar of the electoral process and, more specifically, deepen knowledge of this area, acquaint the public with safeguards, help build capacity of political parties and organisations, and point to priority areas for future strategic and practical interventions. The 2021 study identified prime concerns for ongoing work, and these, together with developments on the Serbian political scene (the boycott of the election, inter-party dialogue, legal amendments, and the April 2022 election) informed a second detailed survey, Election Disputes in Serbia: So what do we do now? [April 2022 elections], published by CeSID in 2022. This report sought to assess the efficiency, effectiveness, transparency, and equity of Serbia’s election dispute resolution process after the adoption and first application of the set of new election laws, as well as to aid in empowering political organisations and election contestants to take part in the process and help the general public and civil society better understand electoral procedures and safeguards.

ŠTA NAM DONOSI NOVI ZAKON O FINANSIRANJU POLITIČKIH AKTIVNOSTI?

Author(s): Not Specified Author / Language(s): Serbian

Analysis of the most important provisions in the Law on Financing political activities: CeSID's review, chronology and key news

Dijalog o unapređenju izbornih uslova

Author(s): Not Specified Author / Language(s): Serbian

During the summer of 2019, the Foundation for Open Society and the Faculty of Political Sciences launched a dialogue between the government and the opposition in the form of a series of round tables on electoral conditions in preparation for the elections that Serbia welcomes in the atmosphere of the announced boycott of the opposition, with a lack of communication between the most important political actors and deep polarization in society.

Republic of Serbia - Belgrade Local Election, 2018

Author(s): Not Specified Author / Language(s): English

This report aims to present adetailed set of unbiased and impartial findings arrived at by CeSID during its monitoring of the 2018 election for the Belgrade City Legislature. The report is structured so as to comprise all key segments of the election: its political background and legal framework, activities of the electoral administration, analysis of the campaign, and polling day observation. CeSID also observed the operations of the City Electoral Commission (CEC) and monitored 300 polling stations on election day. The assessment of this aspect of the poll was based on direct observations made by the monitoring mission.

ISTRAŽIVANJE JAVNOG MNENJA - POLITIČKI AKTIVIZAM GRAĐANA SRBIJE

Author(s): Not Specified Author / Language(s): Serbian

PROJECT: "Strengthening the responsibility of elected representatives of citizens."in Serbia (People first)"PROJECT: "Strengthening the responsibility of elected representatives of citizens in Serbia (People first)"

Republika Srbija - Predsednički izbori 2017

Author(s): Not Specified Author / Language(s): Serbian

The report in front of you aims to provide a detailed, neutral and unbiased insight into the most important findings of the CeSID observing the presidential elections in 2017. The report is structured to cover all the most important segments of the election: the political background and legal framework of the election, the work of the election administration, analysis of voter lists, campaign analysis and election day observation.

Eko-ekstremizam

Author(s): Aleksa Simić / Language(s): Serbian

Ecological degradation and climate changes in the past decades have caused the growing concern of citizens and the formation of many movements for environmental protection. However, along with legitimate activism, radical and extreme groups have emerged that use violent methods to advance their goals. In recent years, there has also been a significant increase in environmentally motivated violent incidents, which can lead to the delegitimization and criminalization of justified environmental initiatives. Serbia is no exception in this regard. Thus, in the last few years, environmental initiatives have appeared that oppose lithium mining in Serbia, which the authorities called eco-terrorists and eco-extremists in order to discredit them. Therefore, it is important to clearly distinguish radicalism from extremism in order to support democratic activism while preserving community safety.

Izveštaj – maj, jun, jul, avgust 2023.

Author(s): Staša Zajović / Language(s): Serbian

Izveštaj – januar, februar, mart i april 2023.

Author(s): / Language(s): Serbian

The (un)desirable partner – analysis of the narrative on civil society as a tool to capture the state

Author(s): Srđan Hercigonja / Language(s): English

As stakeholders with corrective function in a state which holds itself democratic, civil society organizations and activists indicate the threats borne by captured state. Precisely for this, the way of the government’s and public institutions’ way of communicating towards the civil society has been identified as an important element to analyse – on the one hand, due to the government’s need for legitimacy on the international scale, there are so-called “positive narratives” about civil society as a guarantor of the rule of law and democracy in the country, and, on the other hand, “negative narratives” about civil society articulated through attacks and pressure exerted on the civil society, demonstrated by unfounded statements in form of discreditation of any criticism. Both “positive” and “negative” narratives have a direct impact on the relations between the civil society and institutions in Serbia, and the indirect consequences of the relations thus fashioned on the state capturing process could also be analysed.

The Crime-Politics Nexus Entrapping The Balkans

Author(s): / Language(s): English

In some of the countries of the Western Balkans, criminal groups and political elites have grown increasingly interdependent. In particular, Serbia’s and Montenegro’s societies have suffered the most from these links. The two countries have long been considered frontrunners in the EU integration process, whose final completion, however, is difficult to foresee. Similarly, Albania’s EU negotiating process has also been delayed for years, in part because of the country’s role in global drug trafficking schemes. The crime-politics nexus is contributing to the erosion of the rule of law in several Balkan countries, where the risk – or reality – of state capture is increasingly worrisome. In light of recent events, Serbia appears to be the most concerning case as its authoritarian drift currently seems hard to reverse. Which consequences does the situation in Serbia have on other Balkan countries? What impact does state capture have on regional stability? And what is changing for the region’s integration prospects with the EU?

Protection of Public Interest by Legal Means – Judgment of the Administrative Court in the “Cable Car” Case

Author(s): Jovana Rajić,Marko Popović / Language(s): English

On 12 February 2021, the Administrative Court issued the judgment concerning the lawsuit that was filed by the Regulatory Institute for Renewable Energy and Environment (RERI), in which it approved the plaintiff’s request and annulled the building permit for the construction of a cable car terminal in Kalemegdan. The Court accepted the arguments of the plaintiff (RERI) and annulled the decision (building permit) of the Ministry of Construction, Transport and Infrastructure, returning the case to the competent first instance body for retrial.