The appeal of SNS was accepted, it was assessed that the decision of the High Court violated electoral law and legal certainty
constitutional Court adopted the appeals of the committee group Serbian Progressive Party (SNS) in Zajecaru and annulled the decision of the High Court there, according to which the verification of the mandate of city councilors was not in accordance with the law.
The court announcement states that their electoral right was thus violated, as well as the right to participate in the management of public affairs, and with this decision, both verdicts of the High Court in Zaječar from October 8 of last year were annulled.
Given that the dispute before the High Court in Zaječar was based on the same basis both times and related to the same issue (procedure of verification of council mandates), and that they led to the impossibility of constituting the Assembly of the City of Zaječar, the Constitutional Court considers that "returning the case for re-decision could create a risk of further repeating the same procedural situations and deepening institutional uncertainty".
In such circumstances, as it is added, "effective constitutional protection and preservation of legal certainty can be ensured by immediate removal of the violation."
"The Constitutional Court states that it is indisputable that the elections for councilors of the Zaječar City Assembly were held in accordance with the law, that on July 11 last year the City Election Commission passed a decision on the allocation of councilor mandates and issued certificates on the election of councilors of the City Assembly of Zaječar, among others, to the applicants of the constitutional appeal, who were candidates on the electoral list 'We will not give Serbia - Aleksandar Vučić', after which a decision was made to confirm their mandates, as well as the mandates of all other councilors", stated is in the explanation of the decision.
The Constitutional Court considers that two members of the Verification Committee did not fulfill their legally prescribed obligation to check the agreement of the data and present their conclusion about it in the Report itself, as well as that it is not constitutionally and legally acceptable that because the Report of the Verification Committee was not signed by all members of the committee, it should have as a legal consequence the annulment of the decision of the City Assembly to confirm the mandate of all councilors.
In addition, the Constitutional Court considers that the position adopted by the High Court in Zaječar "is not in reasonable proportion to the nature of the established irregularity".
The High Court in Zaječar, as stated in the decision of the Constitutional Court, did not consider the possibility of removing the perceived formal deficiency by milder means, while the pronounced measure of annulment of the Decision on confirmation of the mandate of all councilors led to a "disproportionate encroachment on the essence of the passive right to vote".
The Constitutional Court emphasizes that the omission regarding the method of drafting and signing the Report of the Verification Committee had no impact on the outcome of the election or the distribution of mandates, so the overly formalistic measure determined by the High Court in Zaječar, which led to the de facto suspension of the mandate of all elected councilors, cannot be justified.
The local elections in Zaječar were held on June 8 last year, and the coalition around SNS won the most votes.
The constitutive session was held unsuccessfully first on August 6, and then on September 24.
The higher court in Zaječar then, upon the appeal of the councilors from the opposition, annulled the decisions on the confirmation of the mandates of the councilors, stating that they were made illegally and after the expiry of all the deadlines for the constitution of the Assembly of Zaječar.
The councilor group of SNS then appealed to the Constitutional Court.
Meanwhile, in mid-December 2025, the Government of Serbia introduced Temporary body in Zaječar, which the Minister of State Administration and Local Self-Government Snezana Paunović said will be in force until the verdict of the Constitutional Court.
Source: Beta/N1
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