Following the judgment of the Higher Court in Zaječar on August 25, which annulled as unlawful the Decision confirming the mandates of city assembly members, and in light of the fact that a new session of the Zaječar City Assembly was scheduled, our observer submitted a supplement to the constitutional appeal on September 3 due to newly arisen circumstances that further violated the equality of electoral rights and the voters’ right to participate in the management of public affairs.
Through this unlawful conduct, the integrity and effectiveness of the electoral process were once again undermined, in a process where the identification of the general will of voters in Zaječar had already been prevented, as highlighted in the constitutional appeal submitted on August 4. The supplement to the constitutional appeal can be read here https://crta.rs/wp-content/uploads/2025/09/Dopuna-ustavne-zalbe.pdf .
The appeal submitted on August 4 details the abuse of the voter register and highlights key findings from CRTA’s final report, which concluded that the elections in Zaječar did not reflect the free will of citizens.
The appeal points out that individuals without electoral rights in that local self-government unit voted in the elections, as established by an extraordinary inspection conducted by the Administrative Inspectorate of the Ministry of Public Administration and Local Self-Government on July 2 and 3, 2025. More than 30 voters listed in the voter register for Zaječar do not have residence in the city, thereby violating the principle of equality of electoral rights.
The complainant also emphasizes that the violation of her electoral rights indirectly infringed upon her constitutionally guaranteed right to participate in public affairs, since she was not able to exercise that right through freely elected representatives. Among other arguments, the constitutional appeal refers to guarantees contained in the Code of Good Practice in Electoral Matters adopted by the Venice Commission, as well as to case law of the European Court of Human Rights concerning equality in the exercise of electoral rights.
Confirming the mandates of councilors at the first constitutive session of the Zaječar City Assembly, scheduled for August 5, 2025, would also constitute a violation of the right to local self-government guaranteed by Article 12 of the Constitution.
For this reason, the appeal proposes that the Constitutional Court adopt a decision postponing the execution of the Overall Report on the Results of the Elections for the City Assembly of Zaječar held on June 8, 2025, as well as the Decision on the Allocation of Councilor Mandates, and order the Zaječar City Assembly to postpone the procedure for confirming councilor mandates.
The Constitutional Court is requested to establish that electoral rights were violated in connection with the right to participate in public affairs, to annul the Overall Report on Election Results and the Decision on the Allocation of Mandates, and to order the competent authorities to take all necessary measures to implement the decision and complete the electoral process in accordance with the Constitution and the law.
Through this unlawful conduct, the integrity and effectiveness of the electoral process were once again undermined, in a process where the identification of the general will of voters in Zaječar had already been prevented, as highlighted in the constitutional appeal submitted on August 4. The supplement to the constitutional appeal can be read here https://crta.rs/wp-content/uploads/2025/09/Dopuna-ustavne-zalbe.pdf .
The appeal submitted on August 4 details the abuse of the voter register and highlights key findings from CRTA’s final report, which concluded that the elections in Zaječar did not reflect the free will of citizens.
The appeal points out that individuals without electoral rights in that local self-government unit voted in the elections, as established by an extraordinary inspection conducted by the Administrative Inspectorate of the Ministry of Public Administration and Local Self-Government on July 2 and 3, 2025. More than 30 voters listed in the voter register for Zaječar do not have residence in the city, thereby violating the principle of equality of electoral rights.
The complainant also emphasizes that the violation of her electoral rights indirectly infringed upon her constitutionally guaranteed right to participate in public affairs, since she was not able to exercise that right through freely elected representatives. Among other arguments, the constitutional appeal refers to guarantees contained in the Code of Good Practice in Electoral Matters adopted by the Venice Commission, as well as to case law of the European Court of Human Rights concerning equality in the exercise of electoral rights.
Confirming the mandates of councilors at the first constitutive session of the Zaječar City Assembly, scheduled for August 5, 2025, would also constitute a violation of the right to local self-government guaranteed by Article 12 of the Constitution.
For this reason, the appeal proposes that the Constitutional Court adopt a decision postponing the execution of the Overall Report on the Results of the Elections for the City Assembly of Zaječar held on June 8, 2025, as well as the Decision on the Allocation of Councilor Mandates, and order the Zaječar City Assembly to postpone the procedure for confirming councilor mandates.
The Constitutional Court is requested to establish that electoral rights were violated in connection with the right to participate in public affairs, to annul the Overall Report on Election Results and the Decision on the Allocation of Mandates, and to order the competent authorities to take all necessary measures to implement the decision and complete the electoral process in accordance with the Constitution and the law.
