The Office of the Ombudsperson has sharply criticized the decision of the Central Election Commission (CEC) to deny certification to the Serbian List, arguing that the move was taken without a stable legal basis and in violation of legally prescribed procedures.
In an official statement, the institution expressed deep concern over the CEC’s 2 December 2025 decision, which for the second time this year rejects the party’s request to participate in Kosovo’s upcoming parliamentary elections.
Ombudsperson: Decision Violates Fundamental Electoral Rights
According to the statement, “the decision was taken without a solid legal foundation and in contradiction with the procedures set out by law.”
The Ombudsperson emphasized that political eligibility is determined by citizens through free elections, not through administrative decisions.
The institution warned that any unjustified intervention restricting a political subject’s participation in elections directly infringes upon the right to vote and undermines the integrity of the electoral process.
Democratic Principles at Stake
The Ombudsperson reiterated that the right to vote and to be elected, guaranteed by the Constitution of the Republic of Kosovo and international human rights instruments, represents a fundamental pillar of democracy.
The statement notes that the state has a positive obligation to ensure equal conditions and fair procedures for all political competitors, and that any restriction must be necessary, proportionate, and grounded in law.
“Preventive measures that affect the existence or participation of a political party, including decertification, must be based on clear, accessible, and foreseeable legal provisions, and must fully respect legally mandated procedures,” the Ombudsperson said.
Such measures, it added, are permissible only when based on concrete actions prohibited by law and backed by final court decisions—not on political positions.
Calls for Review of the Decision
The Ombudsperson welcomed reactions from domestic and international actors and urged competent institutions to re-examine the CEC’s decision in line with the principles of legality, constitutionality, and democratic values.
The institution called for ensuring effective protection of the right to vote and to be elected, warning that deviations from due process risk damaging public trust in Kosovo’s democratic institutions.
