The Serbian List has petitioned the Constitutional Court to challenge Supreme Court judgment AA.no.29/2026. The appeal was filed just three days before the constitutional deadline for constituting the Assembly and two days before the continuation of the constitutive session, scheduled for August 6.
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At the center of the dispute is Nenad Rashiq’s mandate in the Kosovo Assembly. According to the Serbian List, the mechanism of seats reserved for the Serb community has not been functionally protected, while the representatives of this community should be determined solely through the votes of its members.
The Serbian political party has stated that the purpose of the appeal is not to protect one party or a single mandate in the Assembly. The Serbian List claims that the petition aims to guarantee the constitutional right of the Serb people and other non-majority communities to authentic political representation, which it describes as one of the fundamental principles of their constitutional status in Kosovo.
The Serbian List believes that the Central Election Commission, the Election Complaints and Appeals Panel, and the Supreme Court failed to address the constitutional substance of the matter. According to the party, it must be clarified whether the purpose of the seats reserved for the Serb community is preserved when voters who do not belong to that community influence the election of its representatives.
Following the June elections, the Serbian List initially took the case to the ECAP and subsequently to the Supreme Court. It claimed that Nenad Rashiq’s party, ZSPO, had received a considerable number of votes in municipalities where, based on the 2024 population census, the Serb community is virtually nonexistent. The appeals were rejected by both bodies.
The CEC found that the claims presented did not provide legal grounds to call into question the validity of the votes or the election result. The ECAP also deemed the appeal unfounded, emphasizing that voting is based on equality and secrecy. To avoid undermining these principles, the voter list does not include information about ethnic affiliation.
Of the ten seats reserved for the Serb community in the June elections, nine were won by the Serbian List, while the tenth mandate went to Nenad Rashiq.
If the Assembly is not constituted by August 7, the constitutional process will enter the stage of electing the country’s president. The Constitution sets a 60-day deadline for the election of the head of state. Failure to elect the president within this period would send Kosovo to new elections once again.
Commentator Gani Mehmeti has reacted to the Serbian List’s move. In a statement to “Bota sot,” he said that the party is abusing the guarantee of seats reserved for Serbs and other minorities in Kosovo and is not acting in the interests of the Serb community.
Mehmeti asked the Serbian List whether it would have challenged the votes if Albanians had cast them for the party, or whether it would have accepted them without complaint.
According to him, the seats guaranteed to Serbs and other communities were not created to be used to fight the Republic of Kosovo. He accused the Serbian List of acting under Belgrade’s influence instead of looking after the welfare of Kosovo Serbs and, together with Vuçiq, using every means available against the state of Kosovo.
The commentator stated that, regardless of Vuçiq’s position toward Kosovo, the Serbian List must recognize Kosovo’s reality and act in accordance with the country’s Constitution and laws. According to Mehmeti, only support for Kosovo’s independence would give the party the moral right to demand guaranteed seats and participation in the Government of Kosovo, as provided for by law and the Constitution. He added that not only Serbian List representatives, but also Albanians who do not act properly and in accordance with the law, should be excluded.
Speaking about the appeal, Mehmeti recalled that the vote is free and secret, meaning that every citizen may cast it for the political party they consider appropriate. He viewed positively the possibility that some Albanians may have voted for a Serbian party that supports Kosovo’s independence and respects its Constitution and laws.
Mehmeti asked why the Serbian List had not previously complained about rights which, according to him, exceed what it is entitled to. He mentioned the ten reserved seats, saying that this is a large number in relation to the approximately 50,000-60,000 Serbs living in Kosovo. According to him, one cannot seek cooperation with a state while simultaneously refusing to recognize it.
The commentator emphasized that nowhere is it stipulated which candidate or party a citizen has the right to vote for, nor whom they must not support. For this reason, each voter decides whether to vote and whom to vote for.
He added that, after the Serbian List raised this issue, even more Albanians may vote for Serbian representatives in the next elections. Mehmeti remarked ironically that the issue had reminded voters—and taught them—that they could also act in this way.
He predicted that, as long as the Serbian List remains under Vuçiq’s direction, it will fail to win more than three seats in the next elections.
Mehmeti rejected the Serbian List’s claim that the election and judicial institutions had failed to constitutionally protect the system of seats reserved for non-majority communities. He said that these institutions had not assumed responsibility for guaranteeing this party’s position, particularly when it acts against the Republic of Kosovo.
Referring to the attack in Banjska, the commentator stated that the judicial institutions should have condemned the Serbian List as a terrorist party following that event.
In conclusion, Mehmeti also commented on the request for the Constitutional Court to determine whether the purpose of the reserved mandates is respected when voters from outside the Serb community influence the election of its representatives. According to him, the Constitutional Court should prohibit the Serbian List from operating as a political party, while only parties that respect the laws, the Constitution, and the Republic of Kosovo should be allowed to participate in elections.
