Supreme comes up with decisions about Bekim Haxhi and Kryeziu's complaints about recounting votes

Supreme comes up with decisions about Bekim Haxhi and Kryeziu's complaints about recounting votes

The Supreme Court has rejected as groundless the complaints of candidates for MPs from the Democratic Party of Kosovo (PDK), Bekim Haxhiu and Kryeziu, who had sought interference in the final election results.

In its decisions, the Supreme has estimated that candidate claims were not backed with sufficient evidence that would justify the full recount of the PDK candidates' preferential votes.

Bekim Haxhiu had called for recounting the vote in the polls that were not included in the 185 polling sample, claiming irregularities in the counting process.

However, the Court has found that the corrections recorded during the recounting were sporadical and did not indicate systematic irregularities that would violate the election outcome.

While Kryeziu's stance had called for full recount of the preferential votes of PDK candidates and the suspension of the results' certificates, raising concerns about the credibility of the counting process.

The Supremei has estimated that the CEC's report on the recount of 185 polling did not testify to the existence of systematic irregularities and that the claims presented did not constitute legal grounds for changing final results.

The court has also rejected three other administrative complaints submitted to PZAP's decisions regarding the final election results.

Full communication:

Supreme Court rejects administrative complaints filed against PZAP decisions as groundless

The Supreme Court of Kosovo has ruled on the five administrative complaints filed against the election panel's decisions for Ances and Parashta (PZAP), regarding the final results of the parliamentary elections for the Assembly of the Republic of Kosovo.

All complaints have been denied as groundless.

With the AA.n.29/2026 conviction, the Supreme Court has rejected the Serbian List's complaint, filed against the PZAP decision, ZP.Anr.56/2026.

Serbian list claimed political subject “G I ) Za Slobodu, Pravdu of Opstanak” (ZSPO), had secured the reserved mandate for the Serb community mainly through votes won in Albanian municipalities and majority seats, violating, according to her, the constitutional goal of the Serbian community's authentic representation.

The Supreme Court estimates that these claims are groundless. The court stresses that under the Constitution of the Republic of Kosovo and the Law for General Elections, the vote is personal, equal, free and secret, and that the voter list does not contain data on ethnic voters' affiliation. As a result, there is no legal basis for the validity or legal effect of a vote to depend on the ethnic affiliation of voters or on the demographic structure of the settlement it is given.

The court also finds that the complainer has not presented concrete evidence that would prove vote manipulation or any other election irregularities that would affect the election outcome. The submitted claims were based on assumptions and statistical comparisons, which, according to the Court, provide no legal basis for interference in the election outcome. Also, the Court estimates that the very political subject that had won the controversial mandate is subject to the representation of the Serb community, so it cannot be considered to have violated the constitutional mechanism of guaranteed countries.

Under the AA act.nr.30/2026, the Supreme Court has rejected a candidate's complaint, Emily Rexhepi, from political subject Nova Democraticska Stranka (NDS), submitted against the PZAP decision, Z.A.A.57/2026.

The complainer had rejected the PZAP decision, claiming there was a gap between the demographic structure of the settlement and the election result, demanding the annulment of these votes for the effect of distributing the mandate guaranteed for the Bosniak community.

The court estimates that the complaint claims rely on statistical and demographic interpretations, which do not constitute legal grounds to question the validity of votes or election results. The Republic of Kosovo's election legislation does not provide for the ethnic population structure as criterion for assessing the legitimacy of voting or election results.

Similarly, the Court stresses that the voter list contains no data on ethnic voter affiliation, while the Central Election Commission does not collect, manage or process such data. As a result, there is no legal basis for the invalid declaration of assumptions about ethnic voter affiliation.

The Supreme Court College estimates that the complainer has not presented clear and convincing evidence that would prove vote manipulation, intervention in the voting process, breaching the security chain or violating election procedures, as required by the Law for General Elections.

With the AA.ngence,31/2026, the Supreme Court has rejected a candidate's complaint, Emily Rexhepi, from political subject Nova Democraticska Stranka (NDS), submitted against the PZAP decision, ZP.N.58/2026.

The complainer had called for verification of the legality of the use of votes won by political subject Za Slobodu, Pravdu of Opstanak (ZSPO) at six polling stations in Prizren's municipality, claiming that those votes were realised in predominantly Bosniak community settlements and that this should be verified in the function of protecting sites guaranteed for the Serb community.

Supreme Court Appreciates The Decision PZAP is fair and law-based. This, as election legislation does not link the validity of the vote to the ethnic belonging of voters, and that there is no constitutional or legal basis for votes to be assessed on the basis of a settlement's ethnic structure. According to the Court, the right to vote is individual and every citizen is free to vote for the political subject he chooses, regardless of his ethnic affiliation.

The court recalls that the Constitution simultaneously guarantees the individual right to vote and the mechanism of guaranteed seats for non-most communities, but these guarantees do not authorize electoral organs or courts to classify votes according to ethnic voter affiliation or draw conclusions on their validity based on demographic data.

Similarly, the Court finds that the complainer had not presented concrete evidence for manipulation of balloting, interference in electoral material or any other violation of the election process. The statistical dispute between the demographic structure of settlements and the number of votes won by a political subject, in the absence of evidence for electoral irregularities and a clear legal basis, cannot produce legal consequences on vote validity or election results.

By the act of AA.n.32/2026, the Supreme Court has rejected the complaint as unfounded.

Bekim Haxhiu, MP candidate in the Republic of Kosovo Assembly, from the political subject: The Democratic Party of Kosovo (PDK), presented against the PZAP decision, ZP.Anr.54/2026.

Bekim Haxhiu had claimed that his decision The PZAP was taken on the basis of the wrong and incomplete conclusion of the actual situation, the wrong implementation of material rights and electoral procedures, as well as the violation of its constitutional rights to elect, procedural equality and the right to effective legal means. He had called for the full recount of the preferential votes of the PDK candidates in the polls that were not included in the 185 polling sample.

The Supreme Court estimates that the complainer had not presented sufficient evidence that would justify full recount, while the Central Election Commission's report (KQZ) for the recounting of 185 deployments did not provide sufficient grounds for such a measure.

The court estimates that the corrections listed or reflected in the report do not create an objective basis to conclude that the counting process is characterised by systematic irregularities. The nature and distribution of these corrections show that they have been disparate and have not achieved such intensity that would affect the reliability of the final outcome or the integrity of the counting process.

With the AA.n. 233/2026 conviction, the Supreme Court has rejected the complaint as unfounded.

The candidate for deputy Kryeziu, from Political Subject the Democratic Party of Kosovo (PDK), headquartered in Pristina, presented against the PZAP decision, ZP.A.Ar.55/2026.

Kryeziu's stance alleged that PZAP had wrongly addressed his complaint as already tried cases, though, according to him, the complaint raised a broader issue regarding the credibility of the final outcome of the PDK list. He argued that the fact that changes were recorded in 90 of the PDK's 110 candidates, while only a small part of the vote had been verified, raised doubts about the accuracy of the final outcome. He also claimed that the CEC's report testified to the existence of a systematic defect in the process of initial counting, as well as required the full recount of the preferential votes of PDK candidates and the suspension of electoral results until the outcome of this process.

By reviewing the subject's paperwork, the Supreme Court found that PZAP had regularly examined the complainer's claims and had concluded that the complaint was unfounded. The court estimates the submitted claims were based on the same data and recount results that had been the subject of the review even before, while the CEC report did not prove the existence of systematic irregularities that would impose full recount of the vote. Also, it was estimated that the recounting of 185 deployments was conducted under pre-emptive control mechanisms with election legislation, rather than due to the consisting of systematic irregularities in the counting process.

Therefore, the Supreme Court estimates that PZAP's decisions have been taken in line with Constitution and Law No. 08/L-228 for the General Elections in the Republic of Kosovo and that complaints have not been backed with convincing evidence that would justify intervention in the final election results. /Periscope

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