VVA's complaint by the Supreme is rejected, fines remain in force for minor involvement in election gatherings

The case relates to two election gatherings organised by LVV on June 3rd in Podujevo and Lipjan, for which the Nongovernmental Kosovo Democratic Institute (KDI) had filed complaints. After the procedure was introduced, P ZAP had found that the children's participation in these activities constituted violations of Article 5, paragraph 3 of the No Electoral Order. 07/2024.

In her complaint, LVV had argued that the clause in question did not prohibit any presence of minors in political activities, but only their active engagement by political subjects, claiming such commitment had not been proven in concrete cases.

However, the College of the Supreme Court appreciated that the complaint does not stand. According to the judge, P The ZAP has applied to relevant electoral regulation provisions, and the purpose of Article 5, paragraph 3 is to protect minors from involvement in political and electoral activities.

The court stressed that the interpretation of this provision should be made in line with the child's best interest and with local and international standards for protecting children's rights.

The Supreme One also estimated that the responsibility of the political subject is not ruled out by whether minors were accompanied by parents or whether the initiative for participation came from them.

Regarding the level of the fine, the court found that PZAP had taken into account the nature and weight of violations, the possible impact on the election process, as well as the fact that LVV was announced earlier with legal obligations and had been sanctioned for similar violations.

With that ruling, the Supreme Court has ruled PZAP and has rejected the Vetevendosje Movement's complaint.