Today, the Constitutional Court of Kosovo published the full text of the Judgment in case KO325/25, filed by Igor Simić and nine other Members of Parliament of the Republic of Kosovo.
According to the ruling, the Constitutional Court determined that the election of Nenad Rashiq as Deputy Speaker of the Assembly, representing the Serbian community in the previous legislature, was not in accordance with the Constitution and the Rules of Procedure of the Assembly.
In response, the multi-ethnic parliamentary group, composed of eight MPs from the 10th Legislature of the Kosovo Assembly—KDTP, VAKAT, NDS, IRDK, PSA, SPO, and LPRK—expressed concern.
The group stated that the decision gives the impression that the political existence of MP Nenad Rashiq has been ignored.
Full Statement:
COMMUNIQUE
On behalf of the multi-ethnic parliamentary group composed of eight MPs from the 10th Legislature—KDTP, VAKAT, NDS, IRDK, PSA, SPO, and LPRK—we express our deep concern regarding Judgment KO 325/25, published today by the Constitutional Court, known as the Rashiq case.
Regarding the election of MP Nenad Rashiq on October 10, 2025, both conditions outlined in Article 67, Paragraph 4 of the Constitution were clearly met: the candidacy came from the Serbian community, and the election was approved by a majority of Assembly MPs. This was a legitimate, legal, and procedurally valid vote expressing the political will of 71 MPs. Nevertheless, this will was overlooked by the Court.
The Constitutional Court did not take into account a crucial fact: the direct discrimination that would have been imposed on a Serbian community MP if their right to run had been denied solely because they did not belong to a specific political party. Denying this right would create a dangerous precedent, whereby party affiliation would prevail over community representation—a standard not supported by the Constitution of the Republic of Kosovo.
The decision also gives the impression that MP Nenad Rashiq’s political existence has been ignored. Practically, the message conveyed by the ruling is concerning: if you are not part of the Serbian List, it is almost impossible to be elected, and you risk not being recognized as a legitimate representative of your community.
However, this is not what the Constitution stipulates.
The Constitution guarantees community representation, not political monopolies over them. It does not condition legitimacy on party affiliation, nor reduce pluralism to a single political address. Any interpretation producing such an effect risks narrowing democratic space and weakening the multi-ethnic spirit upon which our Republic was built.
Today, any citizen from minority communities can rightfully ask: under which Constitutional provision is one obliged to be elected only from a single political party? In the absence of a clear answer, it creates the perception that new standards are being established through interpretation rather than constitutional text.
We believe that protecting communities is not achieved by limiting their political pluralism but by ensuring real equality among representatives. Democracy grows stronger when no citizen or MP is treated as invisible due to their beliefs or political affiliation.
Therefore, we call for this judgment to be carefully reviewed in light of the consequences it may have for democratic representation. The Republic of Kosovo is not built on political monopolies but on the freedom of representation and constitutional equality of all its citizens.
