Legally troubled candidates standard political parties

According to him, this was confirmed by the answer that the Kosovo Judiciary Council has given to the Central Election Commission (KQZ), where it says that out of 28 political subjects, who have applied for confirmation of early parliamentary elections on February 14th, 15 of them have candidates who are not in line with Article 29 of the Law for general elections.

In general, according to the CEC, which is based on the Kosovo Judiciary Council's response, “are 47 candidates from around 1.080 who have been convicted of criminal acts with a final court ruling in the last three years”.

Miftarian: Candidates problem, electorate

Ehat Miftaraj tells Radio Free Europe that introducing candidates' election lists for the February 14th elections is the approach of political parties proving the lack of political will to offer citizens candidates for MPs or government with clean hands.

“This proves that for political parties it is much more of an interest to propose candidates, whether by indictment or by problems with the law, but who in electorates can bring votes. But, on the other hand, this voter behaviour automatically affects public confidence, the integrity of candidate and institutions, but also its political party. In a normal state, in a state that aspires to implement minimum standards of good governance, rule of law, such an approach would be unacceptable. But, in Kosovo, unfortunately this is being built as standard”, Miftaraj stressed.

He added that this is not the first time political parties have candidates who have problems with the law on their electoral lists.

According to the Supreme Court's judgment in 2017, to be certified as candidates in the Kosovo Parliament's race for MP have also been entitled to people convicted but also to those with charges.

But according to him, the Constitutional Court's decision, December 2020, has changed this practice and set the new standard, that all those who are convicted of criminal acts in the past three years, with the decision of a formal form, have been restricted by the right to be certified as candidates for MPs.

Kosovo's Democratic Institute of Kosovo lawyer Florent Spahija, in a conversation with Radio Free Europe, emphasises that political subjects should act according to the law that is in force, which prohibits running to run for deputy -- whoever in the past three years has been sentenced, with the tribunal's almighty decision.

“Normically that even the Constitutional Court's act has given a push to the law and has encouraged parties to implement it. What the Constitutional Court has decided, I am confident that it will also be implemented by the CEC, to make the verdict (for certificates) according to recommendations given by this gykat and in line with law”, Spahija stressed.

Parties for and Against Their Candidates' Pull

The Central Election Commission has already announced that the Office for Registeration of Political Partys and Certificates will prepare the recommendation for approval or rejection of the certificate of political subjects and their candidates.

These recommendations will then be presented at the CEC meeting. The decision to approve or refuse, the CEC will make it as far as January 22nd.

On January 3rd, 2018, the then deputies of the Vetevendosje Movement, Albin Kurti, Albulen Haxhiu, Faton Topalli and Donika Cadaj-Bujupi have been sentenced on bail for throwing tear gas into Kosovo's Assembly environments.

Vetevendosje Movement leader Albin Kurti on Thursday commented to the CEC's announcement, where he said he is “barta list”.

“I am a list bearer, who properly respects and respects the Constitution and laws that protect the rights of all of us and each of us”, Kurti said. .

The Democratic League of Kosovo's candidate for prime minister, currently acting prime minister, Avdullah Hoti, has told local media that if on their list there are candidates who the CEC finds were convicted of criminal acts with a final court ruling in the last three years, then they will be recalled.

I believe everyone should be treated equally, no matter who they are. The law is the same for all and everyone will be under rules”, Hoti said.

Democratic Party of Kosovo officials have said similarly. This party's spokesman, Avni Bytyqi, in a written response to Radio Free Evolution, has said that the withdrawal of candidates who eventually have a problem with the “law is legal objecting in this case and will certainly withdraw”.

Constitutional Court, the latest instigation for appeal?

The CEC's eventual decision not to certified 47 candidates, who, in response to the Kosovo Judiciary Council, are convicted of criminal acts with a final court ruling in the last three years, can be contested by the Election Panel for Ances and Parashtesa(PZAP), through complaints of these candidates and their political subjects, separately.

If these complaints are rejected by PZAP, then they can be led to the Supreme Court of Kosovo.

Court officials express the opinion that even if the Supreme Court rejects the complaints, then these candidates can also address the Constitutional Court.

Ehat Miftaraj from the Kosovo Institute for Justice says the Constitutional Court is the latest instance where such candidates can eventually be led.

After the ruling of the Superman Court, these candidates have the right to address the Constitutional Court and that court can give a final epilogue of what it has meant to mean by the final act that it has published and somehow clarify for the public, but for all, what has been the purpose and which categories are included in the restriction to run (for election) on the basis of the last” decision, Miftaraj stressed.

Similar thoughts are shared by Florent Spahija from the Kosovo Democratic Institute. According to him, the last instance for appeals to a CEC ruling, unless it is rejected by PZAP and later by the Supreme Court, is the Constitutional Court.

Then the Constitutional Court can act in such a way that it can see whether human rights were violated or whether they are contrary to the human rights chapter, which is the right to choose and the right to choose. So there's a special article in the Constitution that allows you to be elected and chosen. So, in this sense, complaints can be made at the Constitutional Court for the adoption of this right from an administrative institution's decision:”, Spahija stressed.

As CEC officials have clarified, the period of complaints and decision will be concluded on January 31st, meanwhile, the draw of lots for the ranking of political subjects in the balloting of these elections will take place on February 1st.