New US legislation: State of Serbia’s democracy concerning, conditions for elections unjust

These are the findings of the Western Balkans Democracy and Prosperity Act, which was adopted by the US House of Representatives last Wednesday.

This act is part of the broader National Defense Authorization Act (NDAA) for Fiscal Year 2026 and was supported by 312 representatives (197 Republicans and 115 Democrats), with 112 voting against, Nedeljnik reported.

The legislation has been forwarded to the Senate for approval, after which it will be sent to US President Donald Trump for his signature. Following the House vote, the White House confirmed that “Trump will sign the act.”

Unlike previous non-binding resolutions or declarative statements, this Act establishes a legal framework with provisions that are mandatory for the State Department and the Pentagon. The act does not merely offer a political assessment of the region but explicitly defines the obligations of the US executive branch toward Western Balkans countries.

Unjust conditions for elections in Serbia

Of all the countries in the region, Serbia is the only one explicitly mentioned. Congressional findings state that the “parliamentary and local elections held in Serbia on December 17, 2023, and their immediate aftermath are cause for deep concern about the State of Serbia’s democracy.”

In making this assessment, the US cites the final report of the Organization for Security and Co-operation in Europe's Office for Democratic Institutions and Human Rights (ODIHR).

The Act highlights that the report identified “unjust conditions” for the elections, “numerous procedural deficiencies, including inconsistent application of safeguards during voting and counting, frequent instances of overcrowding, breaches in secrecy of the vote, and numerous instances of group voting.”

“The Organization for Security and Co-operation in Europe also noted that Serbian officials accused primarily peaceful protestors, opposition parties, and civil society of ‘attempting to destabilize the government’, a concerning allegation that threatens the safety of important elements of Serbian society,” the Act reads.

Corruption among key political leaders

The Western Balkan countries are defined as “critical to the peace, stability, and prosperity of the European continent.”

Corruption is highlighted as a threat to this stability, “including among key political leaders,” alongside “disinformation campaigns” that “undermine the credibility of democratic institutions, including the integrity of elections.”

Serbia could recognize itself in these findings, as Congress notes that “corruption and disinformation proliferate in political environments marked by autocratic control or partisan conflict,” Nedeljnik reported.

The act says that corruption “continues to plague the Western Balkans and represents one of the greatest impediments to further economic and political development in the region.”

Sanctions within 90 days

One of the most significant tools established by this act is the implementation of sanctions.

The Act mandates that the US President impose sanctions “not later than 90 days after the date of enactment of this Act,” against any foreign person who “engaged or attempted to engage in corruption related to the Western Balkans.”

This also includes “corruption by or on behalf of, a government in the Western Balkans, or a current or former government official in the Western Balkans.”

Sanctions are also slated for persons and “policies that threaten the peace, security, stability, or territorial integrity of any area or state in the Western Balkans.”

Furthermore, sanctions can be applied to those who undermine democratic processes or institutions, as well as those responsible for serious human rights violations. These measures may include the blocking of property and the revocation of visas.