Observation of the elections to the Assembly of Kosovo* (9 February 2025)
Election observation report
| Doc. 16146 rev
| 06 April 2025
- Author(s):
- Ad hoc Committee of the Bureau
- Rapporteur :
- Ms Petra BAYR,
Austria, SOC
- Origin
- *Throughout this document,
all reference to Kosovo, whether to the territory, institutions
or population shall be understood in full compliance with United
Nations Security Council Resolution 1244 and without prejudice to
the status of Kosovo. 2025 - Second part-session
1 Introduction
1. On 16 August 2024, Vjosa Osmani-Sadriu,
President of the Republic of Kosovo, called for elections to the
Assembly of Kosovo to be held on 9 February 2025. On 26 October
2024, the Parliamentary Assembly was invited to observe these elections.
At its meeting on 28 November 2024, the Bureau of the Assembly decided to
set up an ad hoc committee composed of 20 members to observe these
elections and authorised a pre-electoral mission. It then appointed
Ms Petra Bayr as chairperson of the ad hoc committee.
2. The composition of the ad hoc committee (thereafter “the PACE
delegation”) is provided in Appendix 1.
3. In accordance with the co-operation agreement between the
Assembly and the European Commission for Democracy through Law (Venice
Commission), signed on 4 October 2004, Ms Florence Ganoux, expert, represented
the Venice Commission and provided legal support to the delegation.
4. A two-day pre-electoral mission took place on 16-17 January
2025 in Pristina to assess the electoral campaign and the broader
political environment. The mission's programme is outlined in Appendix
2, and its pre-electoral statement is provided in Appendix 3.
5. The PACE full delegation was in Kosovo from 7 to 10 February
2025 (see the programme in Appendix 4). After the election day,
it published a statement (Appendix 5).
6. This was the first time that the Assembly was invited to observe
elections in Kosovo on its own.
Note Our delegation
worked alongside a European Union Election Observation Mission (EU
EOM) which was deployed on 8 January 2025, with 18 long-term observers
and 104 short-term observers. The European Parliament appointed
a 6 member delegation, which was part of the EU EOM. The EU EOM
and the PACE delegation issued separate statements and held separate
press conferences after the elections.
Note However, co-ordination between our
organisations proved to be very good and fruitful. I would like
to thank EU EOM Chief Observer Ms Nathalie Loiseau and the Head
of the European Parliament delegation Ms Marta Temido (Portugal,
Group of the Progressive Alliance of Socialists and Democrats) for
our excellent co-operation.
7. The PACE delegation expresses its appreciation to the authorities
of Kosovo for their invitation and support, as well as to all interlocutors
and international partners for their effective co-operation. The
delegation also acknowledges the invaluable support of the Council
of Europe Office in Pristina in facilitating the organisation of
the pre-electoral mission and main election observation mission.
2 Context and recent developments
8. These elections took place
in a context marked by Kosovo’s application for membership of the
Council of Europe on 12 May 2022 and a positive recommendation by
PACE to invite Kosovo to become a member of the Council of Europe
on 16 April 2024 without prejudice to the future consideration of
this application for membership of the Council of Europe by the
Committee of Ministers.
Note
9. Since 2016, a delegation of the Assembly of Kosovo has participated
in the work of the Assembly. The Association of Kosovo Municipalities
participates in the work of the Congress of Local and Regional Authorities of
the Council of Europe.
10. The EU integration path is at the center of current domestic
politics. While Kosovo has taken significant steps towards EU integration
and has formalised its application for membership,
Note its path is hindered by recognition
challenges from several EU member States. Kosovo also aspires to
North Atlantic Treaty Organization (NATO) membership.
11. The last elections for the Assembly of Kosovo had been held
on 14 February 2021, in which the Self-Determination Movement (Lëvizja
Vetëvendosje – LVV), led by Albin Kurti, had won a decisive victory,
securing 58 out of 120 seats in the Assembly. This was the first
time since Kosovo's 2008 declaration of independence that the members
of the Assembly had completed their full term.
12. Since then, significant political developments have challenged
inter-ethnic relations. On 24 September 2023, a security incident
of unprecedented gravity occurred in the northern municipality of
Banjska, in which a Kosovo police officer and three Serbian armed
gunmen were killed and several Kosovo Force (KFOR) troops were seriously
wounded. Council of Europe eminent lawyers
Note had
described “the level of resourcing and organisation of this attack,
including the discovery of significant heavy weaponry and ammunition,
and the alleged direct connections between some of the assailants
and the Belgrade authorities [as illustrating] yet another escalation
of tensions and security threat”.
Note In November 2024, Kosovo
blamed Serbia for an explosion that damaged water and power supply
systems. Belgrade denied both allegations. More recently, the closure
of some Serbian parallel institutions by the Kosovo government on
15 January 2025 – a move criticised by the international community
for being carried out without co-ordination or preparation – has heightened
tensions between Kosovo and Serbia, particularly affecting the Serbian
community in Kosovo.
13. Elections in Kosovo have generally been considered as free,
fair and competitive. The last general elections were decisively
won by the former opposition and the last municipal elections were
won in most places by opposition candidates. The April 2024 mayoral
recall elections, intended to facilitate new local elections in
northern municipalities, were marred by a boycott by Kosovo Serb
parties. As a result, voter turnout was extremely low (3.47%) and
the mayors and municipal assemblies in these municipalities lack
a genuine mandate.
3 Legal
electoral framework
14. According to its Constitution,
Kosovo is a parliamentary republic. Legislative power is vested
in a unicameral parliament (the “Assembly of Kosovo” – “Kuvendi
i Kosovës”) and executive power is vested in a government headed
by a prime minister, while the president is the Head of State.
15. Kosovo has been a member of the Venice Commission since 2014.
The Venice Commission has issued a number of opinions on (draft)
laws of Kosovo, including on draft amendments to the legislation
on the financing of political entities and the legislation on General
Elections in 2018 and on the draft law on public gatherings in 2020.
Kosovo has undergone significant legal reforms in view of the elections
on 9 February 2025. These elections were governed by the new Law
on General Elections (June 2023) and the Law on Political Party
Financing (August 2022), both of which were not reviewed by the
Venice Commission.
16. With the exception of the International Covenant on Civil
and Political Rights, Kosovo is not party to the main international
and regional human rights instruments related to the conduct of
democratic elections. This lack of ratification is due to Kosovo's
complex political status which makes it difficult for Kosovo to
join international organisations. However, although Kosovo is not
a member of the Council of Europe and has not formally ratified
the European Convention on Human Rights (ETS No. 5, “the Convention”),
the Constitution of Kosovo (2008) explicitly states that the Convention
and its protocols are directly applicable in Kosovo and take precedence
over national law in the event of a conflict: Article 22 of the
Constitution lists the Convention as one of the international human
rights instruments that are directly binding in Kosovo.
17. The main legislation governing the 2025 elections was the
Constitution of the Republic of Kosovo, the Law No. 08/L-228 on
General Elections and the Law No. 03/L-189 on Political Parties.
While the national legislation is conducive to the holding of democratic
elections, the European Union has been actively involved in monitoring
and encouraging electoral reforms in Kosovo. Some gaps had been
identified by International Election Observation Missions and EU
negotiators, including in the regulation and oversight of campaign financing.
18. Following the adoption of the new Law on General Elections
in 2023, 17 new regulations were adopted by the Central Election
Commission, ensuring that secondary legislation, decisions and procedures
are aligned with the new electoral legal framework.
19. Kosovo has made efforts to consolidate its electoral framework,
but persistent problems remain in electoral practice. The European
Commission’s 2024 report highlighted that, while the legal framework
for elections was conducive to democratic processes, internal disagreements
within the Assembly of Kosovo hampered effective governance and
legislative action. There was a lack of co-operation between the
ruling party, the LVV, and the opposition parties, which affected
the Assembly's ability to pass key legislation and provide oversight.
To address these challenges, the European Commission report recommended
to strengthen consensus-building mechanisms and improve internal
management within the Assembly, including the introduction of electronic
voting systems to increase transparency and efficiency.
20. The 120-seat Assembly is elected every four years. Kosovo
uses a single constituency for the whole country. An open list proportional
representation system with a 5% threshold for parties seeking representation and
the Sainte-Laguë method of seat allocation are used for 100 seats;
there are 20 seats reserved for non-majority communities. Ten seats
are guaranteed for representatives of the Kosovo Serb community.
The remaining 10 seats are distributed among other non-majority
communities, including: 3 seats for the Bosniak community; 2 seats
for the Turkish community; 1 seat for the Gorani community; 1 seat
for the Roma community; 1 seat for the Ashkali community; 1 seat
for the Egyptian community; 1 additional seat which may be allocated
to either the Roma, Ashkali, or Egyptian community depending on
which of their lists received the highest support.
21. Some characteristic features of the 2025 elections are the
participation of six political entities representing the Serbian
community, the fact that for the first time video equipment was
used to record the voting process in all the polling stations, that
these were the first elections to be held under the 2023 Law on General
Elections, as well as increased disclosure and oversight of political
party finances.
22. Regarding out of country voting, provisions of the Law on
General Elections were amended in 2023 and detailed in the 2024
regulations. Previously, voting was only possible by post. Registered
voters received ballot papers via e-mail or post, which they had
to print out, fill in, and return by post to the Central Election Commission.
Two new forms of voting were now available to citizens living abroad:
for the first time, they could vote physically in 35 of Kosovo’s
more than 50 diplomatic and consular missions in 22 countries, or
send the ballot to the mailboxes of the missions abroad.
4 Election
administration
23. The are three levels of election
administration: the Central Election Commission (CEC), 38 Municipal Election
Commissions (MECs) and 941 polling stations in 38 municipalities
(PSC), with one station per municipality reserved for conditional
voting.
24. The CEC has eleven members, including the chairperson. Six
members of the CEC are appointed from amongst the members of the
six largest political factions represented in the Assembly of Kosovo
who do not have the right to participate in the allocation of reserved
seats. If fewer groups are represented in the Assembly, the larger
group or groups may appoint additional members. In addition, one
representative shall be appointed by the members of the Assembly
holding reserved or guaranteed seats for the Kosovo Serb community
and three representatives shall be appointed by the members of the
Assembly holding reserved or guaranteed seats for other non-majority
communities.
25. The MECs consist of seven members (this number may be increased
if the number of political entities qualified to be part of the
commission is greater). Each MEC is composed of a MEC executive
officer employed by the CEC – who is the MEC chair – and a member
appointed by political entities that have passed the electoral threshold
in national elections, if they are subject to the threshold. The
composition of the PSCs reflects the structure of the MECs.
26. The work of the CEC is supported by various departments and
other institutions that deal with specific aspects of election administration.
These include the Office for the Registration, Certification, and
Financial Control of Political Entities, which is responsible for
certifying political entities and monitoring campaign financing.
Others are the Anti-Corruption Agency, the Ombudsperson Institution,
the National Agency for Data Protection, the Office of the Auditor
General and the Election Complaints and Appeals Panel (ECAP).
5 Voter
and candidate registration
27. All citizens who have reached
the age of eighteen years, including on election day, and whose
right to vote has not been restricted by a court decision, have
the right to vote in Kosovo on election day and in the municipality
in which they are registered, provided that their name appears in
the Central Civil Registry. The CEC shall maintain the voter list
and ensure that it is based on the correct, updated and up-to-date
data from the Central Civil Registry, systematically removing from
the list dead persons and persons who have renounced their citizenship.
28. Eligible voters with special needs and requiring assistance
may register by submitting their applications either electronically
through the designated online platform or physically at their MEC
offices. To complete the registration process, applicants must provide
some documentation, including a valid identification document such
as an ID card, passport, or driver's license. They must also submit
a completed registration form and may be required to provide proof
of residence. The MEC is responsible for reviewing the applications
and verifying the authenticity of the documents submitted. If an
application is refused, the MEC must provide a written explanation
and inform the applicants of their right to appeal.
29. For the 2025 elections to the Assembly of Kosovo, the total
number of registered voters was 2 075 868. Of these, 1 970 944 voters
were resident in Kosovo, while 104 924 were registered abroad. According
to the population census conducted in April and May 2024, the population
of Kosovo is 1 586 659. The discrepancy with the number of registered
voters becomes even more pronounced when one considers that the
total number of people registered in the census includes young people
who are not yet eligible to vote. However, it was clear from our
observations that many people who died years ago are still on the
electoral roll.
30. Following the 2023/2024 electoral reform, the CEC has implemented
measures to simplify voter registration, especially for citizens
living abroad. The reform aimed to provide multiple ways to register
and ensure that all eligible citizens living abroad can participate
in the electoral process; it also introduced online registration
options and outreach programmes to encourage participation among
under-represented groups.
31. In order to participate in the electoral process, a political
entity must seek and obtain certification from the CEC. To obtain
certification, political entities must submit a comprehensive application,
including documentation such as a list of members, the entity's
statute, and evidence of its financial viability. The CEC reviews
these applications to verify compliance with legal standards, including
adherence to the principles of democracy and human rights. The vetting
process is designed to be thorough, enabling the CEC to assess the legitimacy
and readiness of each political entity to participate in the electoral
process.
32. Any person whose name appears
on the voter list is eligible to be certified as a candidate, except
if he/she is a public official with a special status, based on the
law on public officials; a member of the foreign service or a diplomatic
representative; a chairperson or a member of the CEC or MEC; an
official of ECAP; has been disqualified from standing as a candidate
by a final court decision, including an ECAP decision; has been
found guilty of a criminal offence by a final court decision within
the last three years and sentenced to one or more years of effective
imprisonment; has failed to pay a fine imposed by the ECAP or the
CEC; or has failed to comply with an order of the ECAP.
33. The application period for political entities to submit their
list of candidate ran from 1 September to 11 December 2024. A total
of 28 political entities with 1 280 candidates participated in the
elections on 9 February 2025, including six representing the Serbian
community. Of the 28 political entities, 20 were political parties,
five were coalitions, two were civil society initiatives, and one
was an independent candidate.
34. The Serbian List (“Srpska Lista”), a major political party
representing Serbs in Kosovo, was initially denied certification
to participate in the elections of 9 February 2025, due to statements
made by its leader during the presentation of the party's electoral
list that were considered nationalistic. However, following an appeal,
the ECAP instructed, on 25 December 2024, the CEC to certify the
party for participation in the elections. On 2 January 2025, the
Self-Determination Movement again challenged the CEC's decision
of 31 December to certify Srpska Lista, which was also rejected.
6 The
electoral campaign and its financing
35. The electoral campaign started
30 days before the election day and ended on the day before election day.
36. According to the law, certified political entities may hold
meetings in public spaces, in educational, sports, and cultural
facilities, provided that their regular operations are not disrupted,
and with the prior approval of the relevant facility and the MEC,
which must be requested 24 to 48 hours before the event. The MEC
may refuse a request from a political entity if the space has already
been reserved by another political entity. The certified political
entity that has received a negative response from a MEC regarding
its request to hold a public meeting may appeal to the ECAP within
24 hours of receiving the response.
37. Inflammatory or hate speech was widespread during the campaign
despite the fines imposed by the ECAP.
Note
38. Recent amendments to the electoral laws focused on campaign
financing and aim to increase transparency and accountability. In
January 2024, the CEC adopted an internal regulation on the finances
of political parties, for which a specific budget should be allocated.
The new regulations require political parties to disclose their
sources of funding and expenditures during election campaigns and
include a ban on cash donations to political parties and stricter
penalties for violations related to campaign financing.
39. Control mechanisms have also been strengthened: the Office
for Financial Control, which operates under the CEC, has improved
its capacity to audit and monitor the finances of political parties.
Political parties are required to submit annual financial reports
detailing their income and expenditure. These reports are audited
by independent auditors appointed by the Office for Financial Control.
Regulations require all donations to be registered and reported
and prohibit anonymous donations. The government has committed to
increasing transparency and accountability of political parties
through initiatives aimed at creating an online platform providing
open data on party finances.
7 Media
environment
40. The Law on General Elections
regulates the media during the electoral campaign. It stipulates
that all media shall ensure that all certified political entities
receive fair and equitable coverage during the electoral campaign,
and that all broadcast media shall ensure fair and equitable access
to political discussion programmes, shows and debates for all certified
political entities. The law strictly regulates political advertising on
radio and television, and it states that print media shall provide
fair and equitable access to all certified political entities that
request advertising space. A print or electronic media must apply
the same rate without discrimination to all certified political
entities, and any paid political advertisement must clearly identify
the organisation or individual responsible for it. The law does
not apply to social media.
41. Television is the main source of information in the country.
There are more than 130 radio and television stations operating
in a relatively small market, and they are strongly divided along
political and ethnic lines. The highly concentrated TV sector is
dominated by private channels based in Pristina, although the public broadcaster
RTK plays an important role. New online news portals include strong
brands such as BIRN or Kosovo 2.0, the latter being one of the few
media outlets that publishes both in Albanian and Serbian. The concentration
of media ownership in Kosovo has raised concerns about transparency
and diversity of viewpoints.
42. There is a lack of transparency in media ownership. This is
due to gaps in the legal framework (lack of clear ownership disclosure
requirements and gaps in the Law on Media Concentration).
43. Freedom of expression in the media is guaranteed by the legal
framework, i.e. the Constitution, the Law on the Media (Law No.
06/L-088) and the Law on Radio and Television of Kosovo (RTK). Since
27 January 2007, Kosovo has undertaken significant reforms in its
media regulatory framework, in particular through the adoption of
the new Law on the Independent Media Commission (IMC). This law,
approved by the Assembly of Kosovo on 11 July 2024, extends the
jurisdiction of the IMC to online media, requiring them to obtain
State licences and register with the IMC, which will manage the
online media register.
44. The law also subjects online media to a system of sanctions,
including potential fines of up to €40 000.
45. Concerns about the IMC's broad jurisdiction over media/social
media, and in particular the impact of the new law on the institution's
independence, led to widespread criticism from local and international organisations
and questions about potential threats to press freedom and media
pluralism. Another issue raised by the opposition was the regulation
of online media through vague definitions added to the IMC law. The
Council of Europe's legal opinion stated that the definition provided
by the government did not exist in EU law.
Note On 19 July 2024,
opposition parties challenged the law before the Constitutional
Court, arguing that it violated the independence of the institution
as guaranteed by the constitution (Article 141).
8 Voting
and counting procedures
46. Regular voting takes place
at polling stations between 07:00 and 19:00. According to the rules,
the polling station can be closed before 19:00 with the prior consent
of the relevant MEC if all registered persons have voted, but the
counting of votes cannot start before 19:00. Mobile teams are organised
for home-bound voters and voters confined to an institution.
47. Each polling station shall have a register of votes in which
all events relating to the progress of voting and counting at the
polling station during the election day shall be recorded, including
statistical data on voter turnout at specific time intervals as
determined by the CEC. Only the presiding officer, members of the
PSC and accredited observers present may make entries in the register.
If a voter has a complaint about any activity within the polling
station, he/she may ask the PSC chairperson to record the complaint
in the register of votes and shall be instructed to obtain the complaint
form from the polling station help desk.
48. Each voter shall be identified by the identification officer
at the polling station by means of one of the following valid identification
documents issued by the Kosovo authorities: identity card; passport;
driving licence. If the voter's name and surname do not appear on
the list of voters, the voter shall be directed to the help desk
to find out in which polling centre and polling station he/she is
assigned to vote.
49. A voter in Kosovo whose name and surname appear on the voter
list and who, for objective reasons, cannot vote at the polling
station assigned to him/her, may vote at any conditional polling
station in any municipality for the elections to the Assembly of
Kosovo. As new regulations have been introduced to increase the
accuracy of the voter list, the CEC has decided to phase out the
possibility of conditional voting. For the 9 February 2025 elections,
there was only one conditional polling station per municipality.
50. The ballot papers have a red frame, are A3 in size and contain
security features (microprinting, UV printing and anti-copying,
secret marking), a serial number and a polling station code printed
in both official languages and, in municipalities where another
language is officially used, that language is also printed on the ballot
paper. The number of printed ballot papers shall not exceed 5% of
the number of voters on the electoral roll.
51. If the voter has damaged his/her ballot paper, he/she may
return the damaged ballot paper to the PSC chairperson who will
direct him/her to the ballot issuer for a new stamped ballot paper.
The chairperson shall show the damaged ballot to the PSC members
and observers, write “DAMAGED” on the back of the ballot and place
it in the damaged ballot envelope. The incident shall be recorded
in the register of votes, including the time and the serial number
of the ballot paper. Voters who are illiterate or have a physical
disability that prevents them from voting in the normal way have
the right to be assisted by another voter registered in the same
polling station; the assistant may assist only one voter and may
not be a member of the PSC or an accredited observer.
52. The new legal framework introduces the doubling of the number
of preferential votes from five to ten candidates. This decision
has been criticised by the main coalition of citizen observers,
who has pointed out that “in addition to the doubling of the time
needed to count these votes, the potential for manipulation of the citizens'
will by the commissioners increases, especially in cases where voters
may mark less than ten candidates”. Furthermore, the analysis of
past electoral practice did not support the need to increase the number
of preferential votes – which could have a negative impact on the
number of women elected to the Assembly of Kosovo, as the lists
of candidates are sorted in descending order according to the number
of votes received by each candidate.
53. At the close of polling on election day, the PSC shall determine
the results of voting for political entities only; votes for candidates
of political entities shall be counted at the Municipal Counting
Centre. The votes counted for the political entities are recorded
by the PSC chairperson on the Political Entity Results Form. On completion
of the vote count, the PSC chairperson shall allow accredited observers
present to obtain information and shall post a copy of the Political
Entity Results Form at the entrance of the polling centre. The Political
Entity Results Form, together with any sensitive material, is sent
to the Municipal Counting Centre, which is responsible for verifying
the votes for political units and counting the votes for candidates.
In accordance with the instructions of the MEC, the PSC chairperson
shall deliver the election material to the Municipal Counting Centre
under police escort.
54. A vote shall be considered invalid if: i) it is not stamped;
ii) it bears a serial number different from that of the polling
station; iii) the voter has voted for more than one political entity;
iv) the voter has not voted for a political entity; v) it is voted
for candidates only and not for the political entity; or the intention
of the voter is not clear. A vote for a candidate is counted if
one to ten candidates are marked on the ballot paper. If more than ten candidates
are marked or no candidate is marked, only the vote for the political
entity is counted.
55. The resolution of electoral disputes in Kosovo is primarily
governed by Law No. 08/L-228 on General Elections, which provides
a structured framework for addressing complaints arising from the
electoral process. Legal standing to file complaints is broadly
granted to several entities and individuals. These include political parties,
coalitions, civil society initiatives, independent candidates certified
by the CEC and any individual in Kosovo registered to vote. Representatives
of certified political entities, non-governmental organisations
and international organisations involved in election observation
are also entitled to file complaints. They can report any violations
they witness during the election process, including issues related
to transparency and fairness. Finally, members of the CEC and other
electoral bodies can lodge complaints about violations they observe
in the conduct of elections or with respect to compliance with electoral
laws by political entities or candidates.
9 Complaints
and appeals
56. The Election Complaints and
Appeals Panel (ECAP) is an independent body charged with adjudicating on
complaints of electoral malpractice. The ECAP is responsible for
reviewing and resolving disputes relating to voter registration,
campaign conduct and any other irregularities that may occur during
elections.
57. The law sets out specific procedures for the submission of
complaints, which must be made within a specified period of time
following the occurrence of the disputed event. According to Article
119 of Law No. 08/L-228 on General Elections, any person who has
a legal interest in a matter within the competence of the ECAP,
or whose rights in relation to the electoral process, as established
by this law or the electoral regulations, have been violated, may
submit a complaint to the ECAP within 48 hours of the closing of
the polling station, and the ECAP shall decide on the complaint
within 96 hours of its submission. The ECAP is mandated to investigate
these complaints thoroughly, ensuring that all parties involved
are given the opportunity to present their case. This includes gathering
evidence, hearing testimony and reviewing relevant documentation.
The ECAP's decisions may include upholding or dismissing complaints,
imposing sanctions on political entities or candidates, and ordering
corrective action where necessary.
58. The law also provides a mechanism for appealing against the
decisions of the ECAP. If a party is dissatisfied with the decision
of the ECAP, it can appeal to the Supreme Court of Kosovo, which
is the final arbiter in electoral disputes. This multi-level approach
ensures that adequate remedies are available.
59. During the election campaign, the ECAP and the Supreme Court
penalised political parties in Kosovo for disseminating hate speech
in more than 30 posts. However, in some cases the disputed content
remained publicly available on social media, mainly on platforms
directly managed by the political parties or on online platforms
where such content had been shared.
60. The Law on General Elections (No. 03/L-073) includes provisions
on election observers and stipulates that certified political entities,
NGOs and governmental and intergovernmental organisations, as well
as international organisations specialised and engaged in elections
or the protection of human rights, as well as representatives of
foreign countries, have the right to request the accreditation of
election observers. According to the Electoral Decree No. 08/2024,
accredited observers are granted important rights, including the
ability to observe all stages of the electoral process, from preparation
to post-election activities. They can submit written observations
to the electoral commissions, observe the ballot boxes and the counting
process, and receive documents related to the electoral process.
Observers also have the right to report violations of electoral
rules.
10 Gender
equality
61. Article 28 of Law No. 08/L-228
on General Elections stipulates that the list of candidates of each
political entity must include at least 30% of each sex. This provision
requires that each group of three candidates on the list include
at least one candidate of each sex. In addition, the electoral law
provides for an incentive whereby the CEC will allocate additional
public funds equal to 1% of the total amount allocated to the political entity
for each mandate won by women over and above the 30% quota at the
time of certification.
62. On 19 December 2024, the Constitutional Court ruled on case
KO15/24 concerning the constitutionality of Article 28. The Court
ruled unanimously that the gender quota does not contradict Article 45
of the constitution, which guarantees the freedom to vote and to
participate in public activities. The ruling emphasised that gender
equality is a fundamental value of Kosovo's constitutional order
and that public authorities have a positive obligation to promote
it. While confirming the legality of the 30% quota, the Court clarified
that the Assembly of Kosovo has the power to adjust this percentage
if necessary, in order to promote gender equality.
63. The law does not provide for ranking criteria and political
entities could place women in the lowest possible position in each
group of three candidates (e.g. third, sixth, ninth, etc.). The
increase in the number of preferential votes had no effect on women's
representation in the Assembly of Kosovo in these elections. Another
open question is how resigning women MPs would be replaced (beyond
the 30% quota) and how this would affect the overall number of women
in parliament.
Note
64. It should be recalled that the Beijing Platform for Action
encourages governments and political parties to consider a number
of specific measures to ensure women's equal access to and full
participation in power structures and decision making and to “take
measures, including, where appropriate, in electoral systems, that encourage
political parties to integrate women in elective and non-elective
public positions in the same proportion and at the same levels as
men”. In its
Recommendation
(2003) 3 on balanced participation of women and men in political
and public decision making (Annex A.3), the Committee of Ministers
recommends that Council of Europe member States consider adopting
legislative reforms to introduce parity thresholds for candidates
in elections at all levels. It specifies that where proportional
lists exist, consideration should be given to the introduction of
zipper systems.
11 Key
findings of the PACE pre-electoral mission
65. During our pre-electoral mission
to Pristina on 16 and 17 January 2025, we met with a wide range
of election stakeholders. We found good preparation for the upcoming
elections and confidence in the electoral process, a pluralistic
and dynamic political landscape and a vibrant civil society.
66. We noted that the Law on General Elections adopted in 2023
introduced technical improvements, including the digitalisation
of electoral operations, the possibility for out-of-country voters
to cast their vote in person abroad, new modalities for the counting
of votes allocated to parties and candidates, and new provisions
aimed at strengthening the monitoring of campaign spending.
67. However, we also noted concerns about the lack of regulation
of online media and transparency of media ownership, the potential
impact of disinformation and the use of generative artificial intelligence
during the campaign, the reluctance of some political parties to
engage in contradictory debates on television, the rise of populist
and nationalist rhetoric, as well as the use of hate speech and
divisive language, which could undermine democracy and inter-ethnic
cohesion and negatively affect women's participation in elections
and politics.
68. Our delegation reviewed the appointment process for members
of the Independent Media Commission. The July 2024 Law on the Independent
Media Commission, which would increase the powers of the IMC and its
board (from 7 to 11 members, with mandates extended to up to eight
years), was under review by the Constitutional Court (see above).
At the time of our pre-election mission, the lack of a quorum was
paralysing decision making. The IMC's rules of procedure were amended
to allow for the election of a new chairperson or vice-chairperson
up to one month before the end of their term. On 17 January 2025,
the IMC elected Besnik Berisha as its new chairperson amid claims
of political interference and allegations of attempts to illegally dismiss
the previous chairperson, Jeton Mehmeti.
69. The PACE pre-electoral delegation welcomed the decision of
Srpska Lista to participate in these elections. At the same time,
we heard reports of pressure on and intimidation of Kosovo Serb
voters, as well as disinformation campaigns by Belgrade-backed media.
70. We were also informed of several complaints following the
initial decision of the CEC – later overturned by the ECAP and the
Supreme Court – not to certify Srpska Lista, as well as concerns
about ethnic representation in local election commissions in municipalities
with non-majority communities. The attempt by Lëvizja Vetëvendosje-nominated
members of the CEC to prevent the certification of Srpska Lista
revealed the possible politicisation of the CEC's work and created
some pressure and agitation over this delayed certification.
12 Election
Day
71. On Election Day, the PACE delegation
was divided into eleven observer teams which were deployed in Ferizaj/Uroševac,
Gjilan/Gnjilane, Gračanica/Graçanicë, Kamenicë/Kamenica, Leposavić/Leposaviq, Mitrovica/Mitrovicë
North, Mitrovica/Mitrovicë South, Pejë/Peć, Podujevë/Podujevo, Pristina,
Prizren, Rahovec/Orahovac, Suharekë/Suva Reka and Zubin Potok.
72. The voting process was generally peaceful and without tension.
The PACE teams observed only minor irregularities.
73. Members of the local election commissions co-operated collegially
and respectfully, overcoming political orientations and language
barriers and distancing themselves from the divisive language and
hate speech used by political leaders. They were very co-operative
with the observers.
74. There was no campaigning, or intimidation attempts outside
the polling stations.
75. Not all polling stations were accessible to people with special
needs (particularly in the case of schools with many polling stations
inside, including on the upper floors). In at least one polling
station, a blind voter was not assisted with the Braille scheme
available, which would have ensured that he could vote independently.
He had to wait almost half an hour before assistance was provided.
76. In general, assisted voting went smoothly, except in one case
where an older woman appeared to be not only assisted but controlled
by her son. In one case, parents were seen accompanying their child,
who was voting for the first time, into the booth.
77. In Mitrovica/Mitrovicë North, a voter was caught trying to
photograph his ballot paper and was prevented from doing so.
78. In two polling stations where conditional voting was offered,
there was a shortage of ballot papers, which caused some delays
as additional ballot papers had to be requested from the Municipal
Election Centre. These polling stations also experienced problems
in connecting to the software at the opening or having a good internet
connection: one polling station (in Mitrovica/Mitrovicë North) had
to start voting 30 minutes late due to an internet connection failure
– in another, the presiding officer resorted to using his private
internet connection.
79. The counting procedures were generally disregarded in favour
of "tweaked" (“optimised”) procedures. However, this appeared to
be done in an uncontroversial and collegial manner; the overall
process was smooth and transparent, and the results were agreed
upon by all members of the polling station commissions.
80. One team observed that two ballot papers were invalidated
although the voter's intention was clear. Two other teams observed
that the respective polling station commissions took a 15-minute
break before starting the count.
13 Outcome
of the elections and post-electoral developments
81. The votes were counted in two
stages: on election night, the votes cast for the political parties
were counted. At this point it was clear that the Self-Determination
Movement had won the most votes (over 40%), but without a majority
in parliament. Three other parties, the Democratic Party of Kosovo
(PDK), the Democratic League of Kosovo (LDK) and the Coalition Alliance
for the Future of Kosovo (AAK-NISMA), passed the 5% threshold and
entered parliament.
82. All the election material was then sealed and taken to the
municipal counting centres, where preferential votes, conditional
votes, postal votes and votes cast abroad were counted to finalise
the results and determine which candidates would be elected to the
Assembly of Kosovo. I visited the Municipal Counting Centre in Pristina,
but the start of the counting process, which was supposed to begin
that day, was delayed.
83. On the election day, the CEC experienced problems with the
functioning of the software used to count the votes (the website
crashed for a few moments), which delayed the publication of the
results. The results were finally published on the official website
on Monday morning. In addition, due to difficulties and system failures
with the software and IT platform used to scan and tabulate the
results, the CEC ordered all counting to be done manually, which
slowed down the process significantly.
84. The Association of Journalists of Kosovo (AJK) expressed its
concern about the obstruction of the T7 television team by the head
of the vote counting centre in Pejë/Peć, Abdurrahim Haxhisefa, in
the presence of the chairperson of the CEC, without any intervention
or action on his part. AJK called on the CEC to take appropriate
measures and ensure a safe environment for journalists covering
the election process. According to the 2023 Law on General Elections,
the media has the right to be present at any polling station to
observe the counting of votes.
85. The Secretary General of the Vetëvendosje Movement, Alim Rama,
raised concerns about alleged manipulation of postal voting ballots,
claiming that serious manipulation had been recorded, including
the declaration of hundreds of invalid ballots and a suspicious
increase in votes for LDK, and arguing on Facebook that votes for
LDK had been artificially increased by over 400% compared to votes
for diplomatic missions. The complaint was rejected by ECAP and
by the Supreme Court on 26 March 2025.
86. On 3 March 2025, dozens of Kosovo Serb employees of the so-called
“Provisional Municipal Authority of Strpce”, which operates within
the system of the Republic of Serbia, were summoned for questioning
by the Kosovo police. It is reported that the investigation, conducted
by the Serious Crimes Department in Pristina, concerns a case of
alleged actions against the constitutional order involving employees
of the afore-mentioned entity. A week earlier, the Kosovo police
had closed branches of the Serbian Government's social work centres in
the four municipalities of northern Kosovo, following an investigation
into allegations of voter manipulation by the centre's staff in
Zubin Potok.
87. On 9 March 2025, during a press conference, Prime Minister
Kurti accused Serbia of interfering in Kosovo's 9 February elections
and claimed the following day that the Serbian Government had interfered
in Kosovo's elections and intimidated and threatened Kosovo Serbs
to vote for the Belgrade-backed Srpska Lista.
88. The certification process took some time: the CEC carried
out limited recounts of ballot boxes on the basis of specific complaints
received through the ECAP. On 4 March 2025, the ECAP ruled that
some ballots that had been declared invalid by the counting teams
during the counting process at the Counting and Results Centre were
valid.
89. On 5 March 2025, the CEC published the results of the postal
vote. Later on, the results of the out-of-country and conditional
voting and the votes of persons with special needs were published:
Note
| |
Total votes
|
LVV
|
PDK
|
LDK
|
AAK -
NISMA
|
SL
|
Others
|
|
|
|
Votes
|
%
|
Votes
|
%
|
Votes
|
%
|
Votes
|
%
|
Votes
|
%
|
Votes
|
%
|
|
Embassy
& Consulate Votes
|
15 191
|
12 261
|
80.71
|
1 175
|
7.73
|
1 109
|
7.30
|
299
|
1.97
|
1
|
0.01
|
346
|
2.27
|
|
Postal
votes
|
63 025
|
32 706
|
51.89
|
5 992
|
9.51
|
19 037
|
30.21
|
2 027
|
3.22
|
119
|
0.19
|
3 144
|
4.98
|
|
Conditional voting
|
11 782
|
5 214
|
44.25
|
2 377
|
20.17
|
1 607
|
13.64
|
663
|
5.63
|
746
|
6.33
|
1 175
|
9.98
|
|
Persons
with special needs Votes
|
2 585
|
824
|
31.88
|
621
|
24.02
|
505
|
19.54
|
229
|
8.86
|
203
|
7.85
|
203
|
7.85
|
|
Total
|
92 583
|
51 005
|
|
10 165
|
|
22 258
|
|
3 218
|
|
1 069
|
|
4 868
|
|
90. On 15 March 2025 the CEC announced
the final results.
Note The following parties entered into
the Assembly of Kosovo:
|
Self-Determination Movement
(Vetëvendosje) – LVV
|
42.30 %
|
48 MPs
|
|
The Democratic Party
of Kosovo – PDK
|
20.95 %
|
24 MPs
|
|
The Democratic League
of Kosovo – LDK
|
18.27 %
|
20 MPs
|
|
Coalition Alliance for
the Future of Kosovo AAK-NISMA
|
7.06 %
|
8 MPs
|
|
Sprska Lista – SL
|
4.26%
|
9 MPs
|
|
The Kosovo Democratic
Turk Party
|
0.51%
|
2 MPs
|
|
The New Democratic Initiative
of Kosovo
|
0.50%
|
1 MP
|
|
The New Democratic Party
|
0.44%
|
1 MP
|
|
The Party For Freedom,
Justice and Survival
|
0.44%
|
1 MP
|
|
Coalition Vakat
|
0.37%
|
1 MP
|
|
The Egyptian Liberal
Party
|
0.35%
|
1 MP
|
|
The Social Democratic
Union
|
0.32%
|
1 MP
|
|
The Ashkali Party for
Integration
|
0.23%
|
1 MP
|
|
The United Goran Party
|
0.18%
|
1 MP
|
|
The United Roma Party
of Kosovo
|
0.14%
|
1 MP
|
|
TOTAL
|
|
120 MPs
|
91. Srpska Lista won 4.26% of the
vote and nine of the ten seats reserved for the Kosovo Serb community. Nenad
Rašić’s Party For Freedom, Justice and Survival (Za slobodu Pravdu
i Opstanak) won the remaining seat reserved for the Kosovo Serb
community.
92. The other non-majority communities have the remaining ten
seats: the Kosovo Democratic Turk Party has two seats, while the
New Democratic Initiative of Kosovo, the New Democratic Party (Nova
Demokratska Stranka), the Coalition Vakat, the Egyptian Liberal
Party, the Social Democratic Union, the Ashkali Party for Integration,
the United Goran Party and the United Roma Party of Kosovo each
have one seat.
93. While the Supreme Court rejected the Vetëvendosje Movement's
appeal for a revote and the cancellation of some 19 000 postal ballots,
the Basic Prosecution Office in Pristina authorised, on 26 March 2025,
the Kosovo Police Service to launch an investigation into the postal
voting process in the 9 February elections. The LVV announced its
intention to appeal against the Supreme Court's decision before
the Constitutional Court, while the Supreme Court's ruling permitted
the CEC to proceed with certifying the final election results, thereby
clearing the way for the formation of new government institutions
in Kosovo.
94. The elections were certified by the CEC on 27 March 2025,
after all appeals had been dealt with by the Supreme Court. The
turnout was 46.54%. 45 women (that is 37.5 % of the total number
of members of the Assembly of Kosovo) were confirmed in their seats,
only one more than in 2021.
14 Conclusions
and recommendations
95. The delegation commends the
Kosovo electorate for demonstrating their commitment to democracy
by voting peacefully and without tension in the elections to the
Assembly of Kosovo on 9 February 2025.
96. These elections presented a pluralistic and dynamic political
landscape with 28 competing lists representing both majority and
non-majority communities. Moreover, the participation of Kosovo
Serbs, who were offered a wide range of political options, contributed
to a more inclusive electoral process.
97. The legal framework is generally conducive to free, fair and
competitive elections. Kosovo has made efforts to consolidate its
electoral framework since the last elections: the Law on General
Elections adopted in 2023 introduced technical improvements, including
the digitalisation of electoral processes, the possibility for voters
abroad to cast their vote in person, new modalities for the counting
of votes allocated to parties and candidates, and new provisions
aimed at strengthening the monitoring of campaign spending. This
electoral legislation was designed to increase transparency and
confidence in the system.
98. However, a number of issues remain in relation to electoral
practice and the implementation of the new electoral system would
require some improvements. The CEC should draw lessons from these
elections and address in particular the following issues:
- the use of electronic means
during the electoral process (in light of the technical problems
encountered) should be assessed, as well as the problems arising
from the outcome of the procurement, which raised some issues such
as the quality of ink used in polling stations or the transport
of electoral material to and from polling stations abroad;
- given the discrepancy between the number of registered
voters for the 2025 elections (2 075 868, including 104 924 registered
abroad) and the number of persons recorded in the April-May 2024
census (1 586 659), the authorities should ensure that the voter
list is based on correct, updated and up-to-date data from the Central
Civil Registry;
- ethnic representation on local election commissions in
municipalities with non-majority communities should be reviewed
or clarified including in the relevant law, and access to election
and election administration materials in both official languages
should be ensured;
- the rules about invalid ballot papers should be clarified
and, in case of doubt, the voter’s intention should be ascertained,
in line with the Venice Commission Code
of good practice in electoral matters.
99. Women's participation should be encouraged, while hate speech
against women politicians should be sanctioned. Awareness-raising
campaigns should be stepped up to increase women's participation
in political life and elected positions, and the impact of the preferential
voting system on women's representation should be further evaluated.
Given the proportional system, the authorities could consider introducing
“zipper systems” in the lists, in line with
Recommendation (2003) 3 of the Committee of Ministers to member States on balanced participation
of women and men in political and public decision making.
100. Access for persons with disabilities should be improved and
the authorities should conduct information campaigns on the possibility
of benefiting from special needs programmes (home-bound and institutionalised).
101. The delegation noted that the CEC worked efficiently to prepare
for the elections, The members of the local election commissions
should be commended for their collegial and respectful co-operation,
overcoming political orientations and language barriers and distancing
themselves from the divisive language and hate speech of political
leaders that characterised the pre-election period.
102. The authorities should continue and strengthen the thorough
and consistent training of the electoral administration and voter
education programmes.
103. The delegation welcomes the measures taken by the CEC to sanction
hate speech during the election campaign. However, the delegation
notes that the prevalence of hate speech and harsh rhetoric, the
lack of political debate and issue-based debate, and the use of
inflammatory rhetoric to gain popularity could deepen ethnic divisions
and tensions. The delegation encourages the authorities to take
measures to discourage such tendencies and calls on the political
parties to take firm action against hate speech in electoral campaigns.
104. The electoral environment was marred by undue interference
aimed at capturing the votes of non-majority communities, in particular
the votes of the Kosovo Serbs. The authorities should seek to strengthen the
independence and resilience of institutions and oversight bodies
at the service of all communities, such as the Independent Media
Commission and the CEC, and to counter and prevent attempts to instrumentalise
or politicise these institutions.
105. The authorities should also further strengthen the legal framework,
in particular in the area of transparency of party and campaign
financing and declaration of assets by candidates, ensuring public
access to detailed financial transactions of political parties and
allowing civil society to effectively monitor compliance.
106. In the field of media, legislation on disclosure of media
ownership should be adopted. Media legislation, currently under
review by the Constitutional Court, should be brought in line with
European standards. The authorities should ensure a safe environment
for journalists to report on the electoral process, in line with
the 2023 Law on General Elections, which allows the media to be
present at every polling station to monitor the counting of votes.
107. The delegation concludes that despite some shortcomings and
a polarised environment marked by increasingly harsh rhetoric, the
calm, smooth, and inclusive conduct of the elections to the Assembly
of Kosovo and the commitment to democracy demonstrated by voters
represent a positive step toward bringing the country into line
with Council of Europe standards. The Parliamentary Assembly of
the Council of Europe and the Venice Commission stand ready to co-operate
with all stakeholders to further improve the electoral framework,
administration and practices.
Appendix 1 – Composition
of the ad hoc committee
Chairperson: Ms Petra
Bayr, Austria
Socialists, Democrats
and Greens Group (SOC)
- Ms Sibel Arslan, Switzerland
- Ms Petra Bayr, Austria **
- Mr Christophe Chaillou, France
- Mr Titus Corlăţean, Romania
- Mr Yves Cruchten, Luxembourg
- Mr Yunus Emre, Türkiye
- Ms Edite Estrela, Portugal
- Mr Gerardo Giovagnoli, San Marino
Group of the European
People’s Party (EPP/CD)
- Ms Andrea Eder-Gitschthaler,
Austria **
- Mr Pablo Hispán, Spain
- Mr Cristian-Augustin Niculescu-Țâgârlaș, Romania
- Mr Georgios Stamatis, Greece
European Conservatives,
Patriots & Affiliates (ECPA)
Alliance of Liberals
and Democrats for Europe (ALDE)
- Mr Mehmet Akalın, Türkiye
**
- Mr Nikolla Camaj, Montenegro
- Ms Diana Stoica, Romania
- Ms Liliana Tanguy, France
Group of the Unified
European Left (UEL)
Venice Commission
- Ms Florence Ganoux,
expert of the Venice Commission
- Mr Michael Janssen, Legal Advisor, Secretariat of the
Venice Commission
Secretariat
- Ms Sylvie Affholder,
Head of the Elections Division, Secretary of the ad hoc committee
- Mr Bogdan Torcătoriu, Senior Elections Officer, Elections
Division, Secretariat of the ad hoc committee
- Ms Sharon Lowey, Assistant, Elections Division
- Ms Carine Roller-Kaufman, Assistant, Elections Division
**Participants in the pre-electoral mission
Appendix 2 – Programme
of the pre-electoral delegation of the Parliamentary Assembly
Thursday,
16 January 2025
09:00-10:00 PACE delegation meeting
- Welcome by Ms Petra Bayr, Head of Delegation
- Presentation by Mr Tankut Soykan, Deputy Head of the Council
of Europe Office in Pristina
- Presentation of the programme by the Secretariat
10:00-11:30 Meeting with representatives of the international
community
- Major General Giovanni
Pietro Barbano, Head of the European Union Rule of Law Mission in
Kosovo (EULEX)
- Major General Enrico Barduani, Kosovo Force (KFOR) Commander
- Mr Milbert Shin, Deputy Special Representative of the
Secretary-General, United Nations Interim Administration Mission
in Kosovo (UNMIK)
- Mr Cyprien François, Chief Political Advisor to the European
Union Special Representative (EUSR) for Kosovo and Head of the Political
Section
- Ms Pascale Roussy, Director of Democratization Department,
Organization for Security and Co-operation in Europe (OSCE) Mission
in Kosovo
- Mr Ilir Haziri, National Elections Adviser, OSCE Mission
in Kosovo
11:45-13:45 Working lunch with:
- Ms Nathalie Loiseau, Chief Observer of the EU Election
Observer Mission (EU EOM)
- Mr Thomas Boserup, Deputy Chief Observer
- Ms Eva Palatova, Deputy Head of Mission of the European
Union Office in Kosovo
- Mr Cyprien François, Chief Political Advisor to the EUSR
for Kosovo and Head of the Political Section
- Ms Blerta Bejtullahu, Senior Political & Legal Analyst,
EUSR
- Ms Marcela Maskova, Electoral Analyst, EU EOM
14:00-15:00 Meeting with civil society representatives
- Ms Venera Gashi, Project Manager, D4D, Democracy for Development
- Mr Albert Krasniqi, Democracy Plus
- Ms Marigona Shabiu, Youth Initiative for Human Rights
- Ms Iliriana Gashi, Executive Director, Women for Women
Kosova
- Mr Visar Ymeri, Executive Director, Musine Kokolari Institute
- Mr Lulzim Peci, Executive Director, KIPRED
- Mr Boban Simiċ, Program Director, Center for Affirmative
Social Actions – CASA
- Mr Dušan Radaković, Executive Director, Advocacy Center
for Democratic Culture – ACDC
15:05-15:30 Meeting with representatives of the National
Democratic Institute-Kosovo
- Ms Adea Beqaj,
Programme Manager
- Mr Pajtim Gashi, Programme Director
15:30-17:00 Meeting with representatives of the media
- Mr Hysen Hundozi, Acting General
Director, RTK
- Mr Faik Ispahiu (News Editor-in-Chief) and Ms Albulena
Sadiku (journalist), BIRN Network
- Mr Budimir Ničić (Head of Medija Centar and journalist)
Medija Centar (Serbian language)
- Mr Xhemajl Rexha, Chair of the Association of Kosovo Journalists
- Ms Brikenda Rexhepi, Koha Ditore, Editor-in-Chief
17:00-17:45 Meeting with the Independent Media Commission)
- Mr Niman Racaj, Acting Chief
Executive Officer
- Mr Mirand Tafarshiku, Director of Monitoring and Analyses
Department
19:00 Working dinner with representatives of the diplomatic
community hosted by Mr Georg Schnetzer, Ambassador of Austria
With the participation of Mr Tunç Angılı, Ambassador of Türkiye,
Ms Nathalie Loiseau, Chief Observer of the EU EOM, Mr Tankut Soykan,
Deputy Head of the Council of Europe Office in Pristina, Ms Eva
Palatova, Deputy Head of Mission of the EU Office in Kosovo, and
Mr Kristoph Herbst (Austria), Long-Term Observer
Friday, 17 January 2025
08:00-08:30 Meeting with Mr Albin Kurti, Prime Minister of
Kosovo
08:45-09:45 Meeting with Mr Kreshnik Radoniqi, Chairperson
of the Central Election Commission (CEC) and CEC members
10:30-11:10 Meeting with Mr Glauk Konjufca, President of the
Assembly of Kosovo
11:30-13:00 Working lunch hosted by the delegation of the
Assembly of Kosovo to the Parliamentary Assembly
13:30-14:00 Meeting with Ms Vjosa Osmani Sadriu, President
of Kosovo
14:00-17:00 Consecutive meetings with leaders and representatives
of the main political groups of the Assembly of Kosovo
14:00-14:30 Lëvizja Vetëvendosje (Self-Determination Movement):
Ms Mimoza Kusari-Lila
14:30-15:00 Partia Demokratike e Kosovë (Democratic Party
of Kosovo – PDK): Mr Abelard Tahiri
15:00-15:30 Lidhja Demokratike e Kosovë (Democratic League
of Kosovo – LDK): Mr Arben Gashi
15:30-16:00 Aleanca për Ardhmërinë e Kosovës (Alliance for
the Future of Kosovo – AAK): Mr Besnik Tahiri
17:30-18:30 Delegation meeting and preparation of a statement
Appendix 3 – Statement
of the pre-electoral delegation of the Parliamentary Assembly (17
January 2025)
In Kosovo*, a PACE delegation calls on all
parties to work for inclusive elections despite growing polarization.
Pristina, 17 January 2025 – Concluding its pre-electoral visit
to Pristina, a delegation from the Parliamentary Assembly of the
Council of Europe (PACE) commended the good preparation for the
upcoming elections to the Assembly of Kosovo despite growing polarisation
and called on all stakeholders to act responsibly and inclusively,
for the benefit of the population.
The delegation noted that the electoral campaign which has
just started has been conducted in a calm and peaceful manner. The
interlocutors expressed confidence in the electoral process and
in the CEC's ability to complete the preparations for the elections
within the established deadlines. The delegation expects that the electoral
process will be in compliance with Council of Europe standards,
which would be a sign of maturity of the institutions.
The delegation was informed that the election law adopted
in 2023, which was notably based on recommendations from international
observers, introduced technical improvements, including the digitalisation of
electoral operations, possibility given to out-of-country voters
to cast their vote in person abroad, and new modalities for the
counting of votes allocated to parties and to candidates. In addition,
new regulations aimed at strengthening the monitoring of campaign
expenditure were viewed positively by many stakeholders.
However, concerns were raised regarding the lack of regulations
for online media, the transparency of media ownership, the appointment
procedure for members of the Independent Media Commission, as well
as the potential impact of disinformation and the use of generative
artificial intelligence during the campaign. The reluctance of some
political parties to engage in contradictory debates on television,
and the announced boycott of three prominent TV stations by the
ruling party, were deemed detrimental to public information, particularly
for elderly people. The delegation recalls that media play a vital
role in ensuring voters have access to diverse and accurate information,
which is essential for making informed decisions.
The delegation acknowledged the pluralistic and dynamic political
landscape, with 28 contesting lists representing both majority and
non-majority communities, offering voters a broad range of choices.
However, several interlocutors raised concerns about the rising
populist and nationalist rhetoric, as well as the use of hate speech
and divisive language. They warned that such trends could undermine
democracy and interethnic cohesion and may also negatively affect
women’s participation in elections and politics, despite the gender quota
in party lists.
The delegation also acknowledged the valuable contribution
of a vibrant civil society in highlighting issues such as the rights
of women, persons with disabilities, LGBTI and marginalised groups
as well as youth participation in politics.
The delegation welcomed the decision of the main Kosovo Serb
political party to participate in these elections, noting that this
would contribute to a more inclusive electoral process and enhance
representation in the Assembly. The delegation was informed of several
complaints following the Central Election Commission’s (CEC) initial
decision – later reversed by the Electoral Complaints and Appeals
Panel (ECAP) and the Supreme Court – not to certify Srpska Lista,
as well as concerns regarding the ethnic representation in local
electoral boards in municipalities with non-majority communities.
The delegation regretted that it was not possible to meet with representatives
from Kosovo Serb parties this time but expressed the hope of discussing
these issues during its main mission in February.
Discussions also focused on the situation in the north of
Kosovo and recent developments. The delegation was made aware of
reports regarding pressure on and intimidation of Kosovo Serb voters,
as well as disinformation campaigns from Belgrade-backed media.
In light of these concerns, the delegation urges all sides to avoid actions
that could exacerbate tensions. It encourages the authorities to
pursue their efforts to ensure the presence of personnel from non-majority
communities in law enforcement institutions such as the police to
help ease ethnic tensions in times of elections.
The delegation called on all parties to remain committed to
creating conditions for fair and inclusive elections, despite increasing
polarisation and to ensure that these elections contribute to strengthening
democratic standards and practices in Kosovo.
The three-member cross-party delegation,Note led by Petra Bayr (Austria, SOC), conducted
its assessment in Pristina and met the President of Kosovo, the
Prime Minister and the President of the Assembly, leaders and representatives
of main political groups and the delegation of the Assembly of Kosovo
to PACE, the Chairperson and members of the Central Election Commission,
the Chief Observer of the EU Election observation mission and members
of the international community, as well as representatives of the
diplomatic community, civil society and the media.
PACE – which represents parliamentarians from 46 European
states – will send a full-fledged PACE delegation of 20 members,
accompanied by legal experts from the Venice Commission, to observe
the vote on 9 February 2025. PACE will debate its conclusions at
the April part-session.
Appendix 4 – Programme
of the meetings of the delegation of the Parliamentary Assembly
Friday,
7 February 2025
08:30-09:25 PACE delegation meeting
- Welcome by Ms Petra Bayr, Head of Delegation
- Presentation by Ms Mary-Ann Hennessey, Head of the Council
of Europe Office in Pristina
- Presentation by Ms Florence Ganoux, expert of the Venice
Commission
- Presentation of the programme by the Secretariat
09:30-14:30 Joint briefing session with the delegation of
the European Parliament
09:30-11:00 Meeting with the European Union Election Observation
Mission (EU EOM) Kosovo 2025
Introduction by Ms Nathalie Loiseau, Chief Observer of the
EU EOM and Mr Thomas Boserup, Deputy Chief Observer
Presentations by the EU EOM core team
- Ms Erini Skouzou, Legal Analyst
- Ms Vania Angelova, Political Analyst
- Mr Gregoire Houel, Deputy Political Analyst
- Ms Marcela Maskova, Electoral Analyst
- Ms Agnes Doka, Media Analyst
- Mr Constantin Marza, Social Media Analyst
- Ms Emilia Hinkkanen, Press Officer
- Mr Robert Bystricky, Data Analyst
- Mr Marko Logar, Security Expert
11:00-12:00 Meeting with civil society representatives:
13:30-14:30 Meeting with media representatives
- Mr Lorik Arifaj, Head of Election
Team RTK and Mr Mendu Hysa, Deputy Head of Election team
- Mr Xhemajl Rexha, Chair of the Association of Kosovo Journalists
- Ms Brikenda Rexhepi, Koha Ditore, Editor-in-Chief
14:30-16:30 Briefing for PACE delegation
14:30-15:30 Meeting with Mr Besnik Berisha, Chairperson of
the Independent Media Commission
15:30-16:30 Meeting with leaders and representatives of main
political parties (part I)
- Roma
community: Parti Rome e Bashkura e Kosove (PREBK): Mr Albert Kinolli
Saturday 8 February 2025
09:00-14:30 Briefings and meetings for the PACE delegation
09:00-12:30 Meetings with leaders and representatives of
main political parties (part II)
09:00-09:30 Lëvizja Vetëvendosje (Self-Determination Movement):
Mr Besnik Bislimi, Campaign Manager (DPM), Mr Alim Rama, Organisational
Secretary
10:30-11:00 Aleanca për Ardhmërinë e Kosovës (Alliance for
the Future of Kosovo- AAK): Mr Haki Abazi and Ms Dajana Berisha,
Campaign Manager
11:00-11:30 Srpska Lista (Serb List): Mr Igor Simiċ, Mr Zlatan
Elek and Mr Dragiša Miloviċ
12:00-12:30 For Freedom, Justice and Return: Mr Nenad Rašiċ
12:30-13:30 Meeting with Mr Kreshnik Radoniqi, Chairperson
of the Central Election Commission (CEC)
Sunday, 9 February 2025
07:00-24:00 Observation of the opening of the polling stations,
of the voting and of the counting (at 19:00)
17:00-08:15 Feedback session
Monday, 10 February 2025
08:00-10:00 Meeting of the delegation (debriefing and preparation
of a statement)
14:00 Press conference
Appendix 5 – Statement
of the delegation of the Parliamentary Assembly (10 February 2025)
PACE delegation welcomes inclusive and peaceful
elections in Kosovo*.
Kosovo voters demonstrated their commitment to democracy by
voting peacefully and without tensions during the 9 February 2025
elections to the Assembly of Kosovo. Members of local election commissions
should be commended for their collegial and respectful co-operation,
overcoming political orientations and language barriers, distancing
themselves from the divisive language and hate speech used by political
leaders, which was a feature of the pre-election period.
These elections presented a pluralistic and dynamic political
landscape with 28 competing lists representing both majority and
non-majority communities. Moreover, the participation of Kosovo
Serbs, who were offered a wide range of political options, contributed
to a more inclusive electoral process.
The 24-member delegation, led by Petra Bayr (Austria, SOC)
and comprising 18 members of parliament, representatives of the
Venice Commission and staff, observed the elections to the Assembly
of Kosovo from 7 to 10 February. The eleven observer teams were
deployed in Ferizaj/Uroševac, Gjilan/Gnjilane, Gračanica/Graçanicë,
Kamenicë/Kamenica, Leposavić/Leposaviq, Mitrovica/Mitrovicë North,
Mitrovicë/Mitrovica South, Pejë/Peć, Podujevë/Podujevo, Pristina,
Prizren, Rahovec/Orahovac, Suharekë/Suva Reka and Zubin Potok.
These elections were conducted in accordance with the Election
Law of 2023, which generally provides an adequate legal framework.
The delegation acknowledges that the amendments to the law aim to
improve the overall transparency of the electoral process. The lack
of clarity regarding the criteria for the participation of party
representatives of non-majority communities in local election commissions
of non-majority municipalities needs to be addressed. The new legal
framework also strengthens financial oversight of campaign expenditures,
which is an important step towards European standards.
The law provides for a gender quota on party lists. However,
the representation of women remains low. It remains to be seen if
the preferential vote system for seat allocation will negatively
or positively affect the number of women elected. Online hate speech
against women has also had a detrimental effect on their participation
and visibility in these elections.
Awareness raising on existing tools and possibilities to assist
persons with special needs should be reinforced. Adequate measures
to ensure access for persons with disabilities or reduced mobility
should also be implemented in all polling stations to guarantee
access to the fundamental right to vote to all eligible voters.
During its pre-election mission a month ago, the delegation
noted that the election campaign was generally calm despite polarisation
and inflammatory rhetoric reported to the Electoral Complaints and
Appeals Panel (ECAP). Some isolated incidents, including destruction
of campaign material and intimidation of candidates, were also documented.
The media landscape was characterised by a lack of regulation
of social media. Questions arose about the functioning of the Independent
Media Commission, transparency of media ownership, and potential
impact of disinformation. The ruling party's boycott of three prominent
television stations was seen as detrimental to public information.
The Central Election Commission generally worked well. It
had to deal with last-minute challenges arising from public procurement
(for example, problems with the transport of election materials
abroad or quality issues with the indelible ink). The last-minute
decision to allow the use of expired Kosovo identification documents
caused some confusion. Training of the electoral administration,
which was sometimes perceived as late and insufficient, voter education
and the display of electoral information in polling stations could
be improved. The delayed online publication of the preliminary results
was also seen as a shortcoming.
The 2023 Election Law, adopted by a large majority in the
Assembly, introduced new modalities for out-of-country voting, allowing
diaspora voters – of which there are many – to cast their ballots
abroad not only by mail but also in person, even with expired Kosovo
identification documents. While the expansion of opportunities for
out-of-country voting is welcome, the authorities must also address
the issue of the voters' list, which must be accurate and reflect
the realities both at home and abroad. Inaccuracies in the civil
register lead to outdated voters' list, which paves the way for
a lack of confidence and fear of possible manipulation. Mechanisms
should therefore be put in place to ensure that the civil register
and voters' lists are continuously kept up-to-date and factually
accurate.
The delegation's election observation report will be discussed
at the PACE April 2025 part-session. The Parliamentary Assembly
of the Council of Europe and the Venice Commission stand ready to
co-operate with a view to further improving the electoral framework.
