Mazlum Baraliu: Constitutional amendments needed for reforms of the CEC in Kosovo

Mazlum Baraliu stated that the depoliticization, or reform, of the Central Election Commission (CEC) is necessary, but that such reforms would require amendments to the Constitution of Kosovo.

Speaking to Kosovo Online, Baraliu explained that changes to the CEC would require the votes of 120 members of the Kosovo Assembly, as well as the support of a majority of representatives of minority communities.

“Article 139 of the Constitution of Kosovo stipulates that the CEC is a constitutional body responsible for the organization, conduct, and supervision of elections. However, in order to change it so that it becomes a professional institution composed of independent representatives — not political parties, but experts in the relevant profession — the Constitution would have to be amended. And the Constitution can only be amended by a double majority: a majority of the 120 deputies and a majority of deputies representing minority communities. Therefore, this is quite a procedural and lengthy process. Nevertheless, there is certainly a pressing need for the CEC, municipal election commissions, and even the secretariat itself to become more professionalized and neutral bodies, rather than political representatives of political parties, which is the current structure of the institution,” Baraliu said.

Regarding irregularities in the previous elections, Baraliu stated that everything had proceeded properly on election day itself, while issues identified later had been removed through subsequent verification procedures.

“The previous elections were not manipulated. Everything related to the first day of the electoral cycle, which is the most important day, was in order. What was not in order, and what was established through the repeated verification of results, concerned certain cases in some municipalities involving individual parliamentary candidates. That was identified and removed. The process as such was entirely democratic and fair. However, what some representatives of political parties did is now subject to legal proceedings and will probably be sanctioned by the courts,” Baraliu stated.

Regarding attempts by representatives of political parties within the CEC not to certify Serb List for participation in elections, Baraliu emphasized that the Constitutional Court had already issued its opinion on the matter.

“The Constitutional Court has already provided an answer to that question. Clearly, one of the political entities twice attempted to prove that the Serb List should be removed from the register of political parties, however, the Constitutional Court rejected this. Therefore, there may be renewed attempts, but I do not believe anyone will seek to reopen that issue again. Certainly, the Serb List should take care to act in the spirit of the laws and Constitution of this country, primarily because of its membership and the citizens of the Serbian community whom it represents, or seeks to be the sole representative of. It should ensure that it is not identified as an institution acting contrary to the spirit of the law, because that undermines both the image and authority of the party itself and more broadly,” Baraliu added.