Parties could head to Constitutional Court, but strong arguments sought

The Supreme Court ruling, which abolished PZAP's decision in principle, could be sent to the Constitutional Court of the Republic of Kosovo for assessment of constitutionality.

However, in contrast to the states with constitutional practice and developed democracy in which a particular constitutional complaint for the assessment of the constitutionality of the electoral process, whether at the central or local level, the constitution and legislation in Kosovo do not contain such a determination.

But according to Article 113.7 of the Constitution of the Republic of Kosovo, each individual can address the Constitutional Court if he considers that public authorities in Kosovo, whether through the legislature, executive or judiciary, have violated the freedoms or fundamental rights guaranteed by the constitution.

“Indices are authorised to set up violations by public authorities of their individual rights and freedoms, guaranteed by the Constitutions, but only after they have exhausted all legal means defined by law”, the Constitution says.

Article 21 paragraph 4 of the Kosovo Constitution speaks of fundamental rights and freedoms envisioned in the Constitution.

The fundamental rights and freedoms envisioned in the Constitution apply to legal persons as long as they are applicable”, it says.

In concrete cases, political parties are legal persons.

Recall that Mimoza Kusari-Lila's complaint sent to the Constitutional Court after the November 15th 2009 elections was declared illegal for procedural reasons by the Constitutional Court.

So challenging for subjects wanting to address the highest authority of constitutional and legal interpretation will remain the reasoning about which fundamental freedom and right they have been violated and whether one has been violated.

This, since the Constitution of Kosovo has seen only Article 45 as fundamental freedom and right, the provision, which actually speaks of each one's right to participate in elections and in no way relates to the nature of the process disputed with the Supreme Court.

“Every citizen of the Republic of Kosovo who has reached the age of eighteen, even on Election Day, enjoys the right to choose and choose, except when this right is limited to judicial decision”, says Article 45, period 1.

“Vota is personal, equal, free and hidden”, continues point 2 of the same article.

The state-run “institutions support the possibilities for participation of everyone in public activities and the right of each to democratly influence the decisions of public organs”, said at the point of Article 45 of the Constitution of the Republic of Kosovo.

So, all the political parties aimed at exercising their complaint at the Constitutional Court to counter the election outcome, strongly argumenting constitutional provisions is required.