Ombudsperson institution: CEC decision lacks legal basis and contradicts statutory procedures

The Ombudsperson Institution has expressed concern regarding the Central Election Commission’s decision not to certify the Serb List for participation in the early parliamentary elections, stressing that this represents the second rejection of this political entity’s application, and that the decision was taken without a sustainable legal basis and in contradiction with procedures prescribed by law.

The Ombudsperson recalls that political eligibility is determined by the will of citizens through free voting, not by administrative decisions.

They emphasize that the right to vote and to stand for election, guaranteed by Kosovo’s Constitution and international human rights instruments, constitutes one of the fundamental pillars of democracy.

“In this context, institutions are obliged to ensure equal conditions and fair procedures for all political participants, guaranteeing that any form of restriction is necessary, proportionate, and grounded in law. Any unjustified intervention that prevents a political entity from participating undermines this right and directly affects the integrity of the electoral process,” the Ombudsperson’s statement says.

It further notes that all political entities registered for the early parliamentary elections underwent the legally prescribed verification and review procedures, that it was established that they met all requirements, and that the relevant recommendations were submitted to the CEC.

Therefore, they state, the CEC was obliged to ascertain the facts and certify the entities that meet the legal requirements, thereby ensuring legal certainty and adherence to procedures in line with legislation and international human rights standards.

The Ombudsperson Institution recalls that, under international practice, measures affecting the existence or participation of a political party, including non-certification, must be based on clear, accessible, and foreseeable law, and must fully respect the procedures prescribed by law.

“Preventive interventions are justified only when they are based on concrete actions prohibited by law and on final court decisions, not on ideology or political orientation,” the Institution emphasizes.

They also welcome the reactions of domestic and international stakeholders who stressed that the arbitrary non-certification of a political entity undermines human rights, trust in the electoral process, and the principle of inclusivity. The Ombudsperson calls on the competent authorities to review this decision and act in accordance with the principles of legality, constitutionality, and the values of a democratic society, ensuring effective protection of citizens’ right to vote and to be elected.