Prishtina, December 3, 2025 – The Ombudsperson expresses concern regarding the decision of the Central Election Commission (CEC) dated December 2, 2025 not to certify the political party Serb List (Srpska Lista) for participation in the early elections for the Assembly of Kosovo. This decision, which for the second time rejects the request of this political entity, has been taken without a solid legal basis and in contradiction with procedures prescribed by law. The Ombudsperson recalls that political suitability is determined by citizens through free voting, not through administrative decisions.

The right to vote and to be elected, guaranteed by the Constitution of the Republic of Kosovo and by international human rights instruments, constitutes one of the fundamental pillars of democracy. In this context, the state has the positive obligation to ensure equal conditions and fair procedures for all political contestants, guaranteeing that any restriction is necessary, proportionate, and grounded in law. Therefore, any unjustified interference that prevents the participation of a political entity violates this right and directly affects the integrity of the electoral process.

Taking into account that all political entities submitted for the early parliamentary elections had undergone the legal procedures of verification and control, it had been established that all political entities met the conditions and the corresponding recommendations had been forwarded to the CEC. Therefore, it was the CEC’s obligation to establish the facts and to certify those entities that fulfill the legal requirements, guaranteeing legal certainty and respect for procedures in accordance with domestic legislation and international human rights standards.

The Ombudsperson recalls that, according to international practice, measures that affect the existence or participation of a political party, including non-certification, must be based on a clear, accessible, and foreseeable law, and must fully respect the procedures prescribed by law. Preventive interventions are permissible only when they are based on concrete actions prohibited by law and on final court decisions, not on political positions.

The Ombudsperson welcomes the reactions of domestic and international actors who emphasized that the arbitrary non-certification of a political entity undermines human rights, trust in the electoral process, and the principle of inclusiveness.

The Ombudsperson calls on the competent institutions to review this decision and to act in accordance with the principles of legality, constitutionality, and the values of a democratic society, ensuring the effective protection of the right to vote and to be elected.