Ban on the Serb List – A political move or a real threat to the largest Serbian party in Kosovo?

"A historic opportunity." That’s how Self-Determination leader Albin Kurti described the "missed" chance to ban the Serb List in Kosovo earlier this year. Six months later, Serbian President Aleksandar Vucic is warning that this may happen ahead of the upcoming local elections. For interlocutors of Kosovo Online, it is a realistic scenario—yet difficult to implement due to pressure from the international community.

Written by: Djordje Barovic

Kurti stated after the Central Election Commission (CEC) rejected Self-Determination’s initiative—for the third time just days before the February elections—that:

“It was a historic moment not to license or certify the Serb List. PDK and LDK failed to form a quorum and blocked the decision.”

President Vucic has since expressed concern that this scenario may resurface in the fall:

“Kurti will once again try to discredit and eliminate the Serb List and impose Albanian representatives who cannot win even 2 or 3 percent of the vote… Yet even with those 3 percent, the international community has allowed him to manage the Serb-majority municipalities in northern Kosovo,” Vucic said.

Just days prior, acting Minister of Justice and Self-Determination’s candidate for Speaker of the Kosovo Assembly, Albulena Haxhiu, stated that her party has proven in action how it views the Serb List:

“We’ve proven through actions that we are against the Serb List, which, in my opinion, is not even a political party,” she said, denying claims that Self-Determination had negotiated with the Serb List to secure votes for forming the “Kurti 3” government.

Electoral Rights and Legal Framework

Legal expert Milan Antonijevic told Kosovo Online that banning the Serb List would be a political decision with far-reaching consequences:

“It would be a political decision with deep consequences, and I hope it doesn’t happen. Regardless of recent tensions, now is neither the time nor the place to interfere with electoral rights or breach Kosovo’s obligations.”

He emphasized that such a move would violate not only Kosovo’s commitments to the Council of Europe but also the European Convention on Human Rights:

“Protocol 1 of the European Convention guarantees the right to vote and be elected. I believe there will be sufficient international pressure to prevent this,” said Antonijevic.

Currently, no party—ruling or opposition—has the 61 votes needed to form a new government, and neither side has considered turning to the Serb List for a majority. Antonijevic sees this as part of a broader political crisis:

“While the parliament remains unconvened, no decision in Pristina will be rational. Once elections are called, more pragmatic decisions may emerge.”

He also noted that much has been undermined since Kurti came to power and hopes for a more constructive approach from the opposition:

“I believe the opposition will be more constructive in its approach toward Serbian parties, especially the Serb List, and that international pressure will deter Kurti from pursuing a ban.”

Antonijevic concluded that the Serb List’s participation is essential for government stability and for encouraging Serbs to return to Kosovo’s institutions.

Legal Perspective: Wishes vs Procedures

Constitutional law professor Mazllum Baraliu explained that banning a political party cannot depend on someone's will or political preferences:

“A party can only be banned if it acts against the constitutional order or criminal laws. This requires a proposal from at least two ministries, which is then reviewed by the CEC.”

He added that legal or physical persons could also initiate criminal proceedings if laws are violated, but:

“A party can only be removed from the registry for legal reasons, not political beliefs or because another party wants it.”

Baraliu acknowledged that, in theory, a stable government could be formed without the Serb List, but noted that Albanian parties are too divided:

“Most Albanian parties could form a two-thirds majority, but they are far from unified—each one opposes the others.”

He said this was evident after the February elections and believes a broader coalition government would have served Kosovo best, though there’s been no progress due to a lack of democratic rationality and political awareness.

“A unity government is crucial given today’s international challenges, but Kosovo lacks both a government and a functioning parliament,” he concluded.

Demonization of the Serb List

Aleksandar Rapajic, Program Director of the Center for the Advancement of Democratic Culture in North Mitrovica, says the Serb List has been “demonized” in Kosovo society:

“Currently, the Serb List is not a desirable partner for any Kosovo party.”

He described the political scene as a blame game between the ruling party and opposition over who might “collaborate” with the Serb List:

“In Kosovo society, any cooperation with the Serb List is portrayed negatively and would hurt a party’s popularity.”

Self-Determination tried three times before the February elections to block the Serb List’s participation. Rapajic warns this could happen again before the October local elections:

“I wouldn’t be surprised. There may not be a full ban attempt, but certain prominent figures within the Serb List could face targeted accusations.”

He emphasized that excluding the Serb List from government participation is detrimental to the Serbian community:

“If you’re not part of the government, you lack decision-making power, and you can’t improve the position of the Serbian people in Kosovo.”

Expected Moves by Self-Determination

Milos Pavkovic, associate of the European Policy Centre in Belgrade, believes it is likely Self-Determination will attempt to block the Serb List’s participation in the upcoming elections:

“There’s no legal basis for such a decision, but Self-Determination may try anyway—they’ve done it before, even attempting to label the Serb List a ‘terrorist organization’ before the February elections.”

He noted that while Self-Determination’s attempts failed then, a similar initiative could be expected before the October 12 local elections:

“I’m not optimistic they’ll succeed, especially because of international disapproval, and because it undermines democratic processes and the election system itself.”

Pavkovic explained that cooperation with the Serb List has always been politically unpopular in Kosovo, and even when they were in government, they joined after majorities had already been formed:

“They were never the decisive factor in forming governments. Still, collaboration has become an even more sensitive issue since the Banjska events and terrorism accusations related to the Ibar-Lepenac canal.”

He added that Self-Determination’s overtly anti-Serb stance has narrowed coalition options even for opposition parties, making any alliance with the Serb List politically risky.

Still, Pavkovic does not expect the Serb List to join any future government easily, regardless of which party forms it. He believes the key question is whether a stable government is possible without the Serb List:

“The February election results show that no one can form a government alone. No party has the votes to elect the Assembly Speaker, let alone the President. Without the Serb List, any government would likely be unstable and prone to collapse—especially since the presidential election in spring requires a two-thirds majority in parliament.”