Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution contending that a Decision of the Election Complaints and Appeals Panel (ECAP), which rejected a request to place her name on the list of Parteš Municipal Assembly Members, violated her rights under Articles 3.2, 21.3 and 45.1 of the Constitution, as well as rights guaranteed by the Law on General Elections. The Court determined that the Applicant received 15 votes and a ranking of 3 in the Unified Serbian political party, while the opponent who was appointed by the Central Election Commission received the same number of votes, but was ranked as 9 in the same party. The Applicant’s complaint to the Central Election Commission (CEC) was rejected on the ground that the decision was final, after which she filed an administrative appeal in the Supreme Court. The Supreme Court dismissed the appeal on the ground that she had not exhausted her right to appeal to ECAP, which then denied her appeal on the ground that election results are final when certified by the Central Election Commission, The Court held that the Referral was inadmissible pursuant to Article 113.7 and Article 47.2 of the Law on the Constitutional Court because the Applicant had failed to exhaust all legal remedies by appealing the ECAP decision to the Supreme Court