Kosovo’s Supreme Court has rejected an appeal filed by the Serb List against a decision of the Electoral Complaints and Appeals Panel (ECAP), which had previously dismissed as unfounded the party’s complaint regarding the certification of ten candidates from the Party for Freedom, Justice and Survival, led by Nenad Rashiq, for the June 7 elections.
According to the court, the Serb List claimed that the certification decision violated the Constitution of the Republic of Kosovo, the Law on General Elections, and was based on an incorrect assessment of the facts.
“The appellant requested the annulment of the ECAP decision and the Central Election Commission (CEC) decision, as well as obliging the CEC to issue a new decision. After reviewing the appeal claims, the response to the appeal, and the case files, the Supreme Court found the appeal to be unfounded,” the court stated.
The Supreme Court concluded that the Serb List failed to provide concrete, reliable, and convincing evidence to support claims that the certified candidates do not belong to the Serbian community.
The court emphasized that publications in online portals or media articles do not constitute legally relevant evidence for determining the ethnic affiliation of candidates.
In its reasoning, the Supreme Court stressed that the burden of proof lies with the complainant and that allegations of constitutional or legal violations cannot be based solely on assumptions or subjective interpretations.
The court further assessed that ECAP’s decision is in line with the Constitution of Kosovo and Law No. 08/L-228 on General Elections, respecting the principles of equality, electoral rights, and the protection of communities.
