The Kosovo Democratic Institute (KDI) has welcomed the decision of the Supreme Court of the Republic of Kosovo to annul the contested provisions of Electoral Regulation No. 04/2026 on Election Observers. According to the Court, these provisions exceeded the Law on General Elections by introducing new conditions and restrictions for the accreditation and activities of election observers.
In a media statement, KDI assessed that the annulled provisions granted the Central Election Commission (CEC) the authority to request information about the funding sources of organizations without a clear legal basis, expanded documentation requirements for observer organizations, and created unclear criteria for refusing accreditation to organizations and media outlets. These rules created room for arbitrary decision-making and could have restricted the participation of independent actors in election monitoring.
The regulation also limited the participation of observers who were under investigation for alleged electoral violations, undermining the principle of the presumption of innocence. This restriction, however, did not apply to commissioners who might also have been under investigation. Furthermore, the regulation limited access for stakeholders to public meetings of the Central Election Commission and Municipal Election Commissions, despite the fact that the public nature of these meetings is guaranteed by law.
KDI had previously argued that these provisions not only exceeded legal authority but also risked weakening the role of civil society organizations and media in monitoring electoral processes. Such restrictions would undermine transparency, accountability, and citizens’ trust in the integrity of elections.
The Supreme Court’s decision confirms that the rights and obligations of entities cannot be restricted or expanded through secondary legislation without clear legal support. This judgment establishes an important standard for the administration of electoral processes and for respecting the principles of legality, legal certainty, and transparency.
KDI calls on the Central Election Commission to implement the Supreme Court’s judgment without delay and align the Regulation on Election Observers with the Law on General Elections. This process should be carried out transparently and inclusively, with public consultations involving civil society organizations, media outlets, and other relevant stakeholders.
