Official Statement by ECMI Kosovo
December 24, 2024

ECMI Kosovo expresses its concern over the recent decision of the Central Election Commission (CEC) of Kosovo to deny certification of the candidate list submitted by Lista Srpska. We note that the refusal was reportedly based on unverified claims linking these candidates to the events in Banjska, as well as certain political statements.
It is essential to remember that, in a democratic society, there is a clear distinction between a political party’s ideological or policy platform and its obligation to operate within the legal and constitutional framework of the country in which it exists. In numerous European democracies, political parties are permitted to advocate for constitutional change through peaceful and lawful means—this is a fundamental exercise of freedom of expression. However, they must also adhere strictly to the rule of law and constitutional requirements.

Why This Matters:
1. Freedom of Expression: Political parties, including those representing minority communities, have the right to promote constitutional or policy reforms, as long as these actions remain peaceful and respect existing legal norms. Restricting such expression solely based on ideological stances carries the risk of undermining core democratic values.
2. Respect for Legal Frameworks: At the same time, all political entities must comply with the legal and constitutional provisions of the Republic of Kosovo. If a party is found to be operating outside these boundaries—by threatening the stability or the constitutional integrity of the state—then legitimate legal measures can be taken.

European Precedents
Across Europe, examples such as N-VA and Vlaams Belang in Belgium, the Scottish National Party (SNP) in the United Kingdom, movements for Basque and Catalan independence in Spain, and the South Tyrolean People’s Party (SVP) in Italy illustrate that parties with separatist or autonomy-driven agendas can legally participate in elections. These parties operate within—and not outside—the constitutional frameworks of their respective states. Their political stances are tested and contested through democratic processes rather than suppressed through certification bans.

Kosovo Context
Within this framework, Lista Srpska may have the right to express a political or ideological standpoint that includes advocating for constitutional changes in Kosovo. Nevertheless, as long as the party’s activities remain consistent with Kosovo’s laws and constitutional order, there is no legal basis for restricting or banning its operation. Any allegations of involvement in illegal activities—such as the Banjska incident—must be substantiated through due process of law.

ECMI Kosovo calls upon the Central Election Commission to uphold the highest standards of due process, transparency, and impartiality. We also urge political actors and the wider public to remember that the democratic process is strengthened, not weakened, by the free but lawful exchange of ideas, including dissenting viewpoints.

About ECMI Kosovo
ECMI Kosovo is committed to promoting the protection and empowerment of minority communities in Kosovo. Our mission involves supporting the legal and social inclusion of minority groups, fostering dialogue, and ensuring that fundamental democratic principles—such as the freedom of expression and respect for the rule of law—are upheld for all.