Votes recount, time for institutions cut

The discovery of serious differences in the votes of candidates for MPs forced the Central Election Commission (KQZ) to make a decision to complete recount of all votes in regular polling.

The decision taken on January 19th followed the partial recount by last week, during which significant violations and differences were identified, as well as continued calls by political parties and civil society organisations for a thorough recount of votes, writes Free Europe.

For observers of the election processes and political developments in Kosovo, this decision was necessary for the protection of the integrity of the vote, but also opens the risk of long procedural delays and a possible institutional crisis.

CEC role and speed-up opportunities

Eugen Cakoli, from the Kosovo Democratic Institute (KDI), says procrastinating the recounting beyond the first week of February could have direct consequences on the certificate of final results and, subsequently, on the constitution and formation of the new government.

He emphasises that recounting of votes is followed by other legal procedures, including the ten-day deadline for complaints to the Electoral Panel for Anxiety and Paraseta (PZAP), which narrows even more the space for completion of the process.

However, according to him, everything can be accelerated if the CEC increases technical and human capacity for recounting.

So, I believe that with such dynamics, the CEC can continue with full recounting... because so far nearly 600 ballot boxes have been re-counted, which means there are about 2 grand left. If the number of tables for recounting doubles, the process can be completed more quickly”, Cakoli explains Radio Free Europe.

Possible Consequences

Political affairs analyst Artan Muhhaxhiri stresses that dawning any eventual manipulation of the vote should be a priority of the rule and law institutions.

According to him, voter abuses raise serious doubts that they may have occurred without guidance from political party structures.

Referring to the experience of the February 9th election after which the formation of institutions dragged on for several months, to end with early elections on December 28th { Muhramiri warns that political parties could use legal deadlines for new institutional blockades.

“... because parties should also be cleared up on the matter of commissioners, the question of vote manipulation. Major obstacles will be created within the parties which, then, will also affect their weakening in relation to the establishment of possible coalitions, or any strategy in relation to [the future] Government and the election of President”, Muhramiri tells Radio Free Europe.

Kosovo's “politicians have proven that they have endless capacity for blockades and for creating obstacles to normal functioning institutions. Hence, the danger of repeating this situation remains real”, he adds.

Both analysts warn that if the chain of delays continues from recounting to complaints, certificates and constitutionalisation of the country's Parliament could face a deep institutional crisis, including the risk of electing the new president.

Legal deadlines, Risk of President Elections

According to the Kosovo Constitution, the new president must be elected by the Kosovo Assembly no later than 30 days before the end of the current president's mandate.

President Vjosa Osmani, the mandate expires on April 4th, meaning that the deadline for electing the new president or Osmani, even for a new mandate, is March 4th.

Calcolly warns that in the current situation, with delays expected to trigger recounting and follow-up procedures, the Assembly may not be able to register by that time, “let the new government be elected and the next president” voted.

The same concern (is given) to the Muharır.

“... will enter a legal chaos, because neither does the Constitution of Kosovo foresee such a scenario. We're going into a tunnel without any light, because nobody's going to have an institutional chance of unlocking the” situation, Mujahir points out.

He adds that either the creation of such an institutional crisis remains “in the conscience of political parties”, which may influence the acceleration or delay of all procedures.

How can a crisis be avoided?

Election processes experts warn that to avoid an institutional crisis, political parties must accelerate recount procedures and avoid using the deadlines for blockades.

According to them, the country's president and parties should also ensure consensus for the constitutionalisation of the Assembly and formation of the new government.

Otherwise, delays in these processes, they stress, could have economic consequences for Kosovo.

In this respect, the greatest danger lies with the non-approval of the state budget by 28 February.

After that date, no decisions can be made about moving financial means, including salaries, pensions and fees for social categories.

Some international agreements that require green light from the Assembly can also be put at risk.

For example, the deadline for entry into force with the World Bank, which envisions financing development policy for fiscal efficiency, competitiveness and green growth, is February 13th.

The bar of responsibility falls on political parties themselves, because, ultimately, the CEC itself is the political body made up of them. Decisions for leadership and conclusion of procedures as soon as possible are in their discretion”, Calcoli concludes.