Gogic: CEC decision directed against the Serb List, and also against the Serbian community in Kosovo

Ognjen Gogić
Source: Kosovo Online

Political scientist Ognjen Gogic stated that the decision of the Central Election Commission not to publish the results of the Serb List is directed not only against that party, but also against the Serbian community in Kosovo, which is why it will be overturned at the second instance, while also jeopardizing the fulfillment of important deadlines.

Speaking to RTS, Gogic pointed out that he is not aware of a similar case in which the competent authorities refused to approve the publication of the results of a political party.

However, he recalled that Kosovo went to elections three times over the past year, and that each time the CEC, prior to voting, refused to certify the candidates of the Serb List, and each time the decision was overturned by the higher instance of the Election Complaints and Appeals Panel.

“This time it will be the same. The Serb List has announced an appeal and the ECAP will rule in their favor, and so will the Constitutional Court, if someone files an appeal against the decision of the second instance. This is an unnecessary situation that is legally unsustainable. It is illegal and undemocratic, directed against the Serb List and the Serbian community in Kosovo and Metohija,” Gogic stressed, recalling that 63,000 Serbs voted for the Serb List.

He said that such a decision is also absurd because Kosovo is at a critical moment with little time to complete important tasks.

“The institutional crisis has lasted for a year. By the end of February, the Assembly must adopt the budget for the current year, and on March 4 the deadline for electing the President of Kosovo also expires. This is a major task that Albanian parties must carry out, and it is clear that they cannot reach an agreement. With this decision, the CEC is making its own job more difficult. By acting out of spite toward the Serb List, they are losing valuable time,” Gogic emphasized.

He pointed out that Albanian parties could miss the deadlines because of this and added that such behavior is unproductive.

He recalled that Serbs have 10 guaranteed seats in the Kosovo Assembly and that these seats must be filled.

Gogic said he expects the ECAP to issue a decision in favor of the Serb List later today, noting that there is a possibility of appealing that decision to the Constitutional Court, but that this would result in further loss of time.

He pointed out that President Vjosa Osmani is also aware of the situation in which the CEC proclaimed incomplete results and therefore did not schedule the constitutive session of the Assembly.

According to Gogic, after the publication of the final election results, the President has a deadline of 30 days to convene the constitutive session of the Assembly.

Without filling all seats, he added, there can be no constitutive session of the Assembly.

“If they continue to act out of spite toward the Serb List, they are digging a hole for themselves, because as long as all seats are not filled, the Assembly cannot hold a constitutive session,” he emphasized.

Gogic said it is possible that Albin Kurti will continue the legal battle against the Serb List and thereby endanger the deadlines.

“The Serb List has proven itself to be a legal force in Kosovo. It has always won all processes it initiated before the courts and will continue to do so in the future. It is unconstitutional for parties to behave in this way,” he said.

Gogic also recalled that the Constitutional Court recently, after several months, issued a ruling in the case of the election of Nenad Rasic as Deputy Speaker of the Assembly, ordering that in the next parliamentary term a candidate from the Serb List must be elected.

“I would not be surprised if, at the cost of a new blockade, they refuse to vote for a candidate from the Serb List and again elect Rasic, knowingly violating the Constitution. This is pure revanchism,” he said.

Gogic added that the international community has not commented on the CEC’s decision not to proclaim the results of the Serb List, but recalled that it has always stood behind the decisions of judicial instances.

“It is in Kosovo’s interest for this to be resolved as soon as possible,” he noted.

Gogic pointed out that the EU has conditioned the lifting of the second part of sanctions on the establishment of institutions, which means the participation of Serbs.

He added that Kurti has shown he can be destructive to Kosovo’s detriment and that he can imagine him continuing such a policy to the end, leading Kosovo into a financial crisis.

“I no longer expect anything from the CEC, but I do expect the ECAP to overturn its decision today and confirm the results of the Serb List,” he concluded.

The deadline for political entities and candidates to submit appeals to the Election Complaints and Appeals Panel regarding the electoral process expires today at 11 a.m., before the Central Election Commission confirms the final results.