The Supreme Court of Kosovo has dismissed as unfounded the appeal of Democratic Party of Kosovo (PDK) parliamentary candidate Qëndrim Kryeziu, who had requested a full recount of the PDK candidates’ preferential votes across the country.
According to the Supreme Court’s assessment, the Electoral Complaints and Appeals Panel (ECAP) acted correctly when it rejected Kryeziu’s complaint.
Të lidhura
None found
Kryeziu had turned to the Supreme Court with an appeal seeking a full recount, within his political entity, of the preferential votes from the June 7 elections.
He had argued that the recount previously ordered by the Central Election Commission (CEC) had identified inaccuracies in the initial counting of votes at the municipal counting centers.
“Consequently, the Supreme Court assesses that the ECAP decided correctly in rejecting the complaint of the appellant, candidate for deputy of the Assembly of Kosovo Qëndrim Kryeziu, from the Political Subject Democratic Party of Kosovo (PDK), by referring to the provision of Article 118.1 of the LGE, which stipulates that: ‘The ECAP accepts complaints based on facts and rejects complaints which do not meet the previously approved criteria,’ and Article 13 paragraph 4 of Regulation No. 01/2025 on the Procedures for Submitting and Deciding ECAP Complaints, which stipulates that: ‘The ECAP may generally reject a complaint or group of 6 complaints if they do not present prima facie cases or where the complaint or group of complaints is clearly unfounded.’ Also, Article 117.3 of the LGE stipulates that: ‘Decisions on complaints by the ECAP are based on clear and convincing evidence.’”
“On this basis, this court assessed as unfounded the above-mentioned claims that the ECAP rejected the appellant’s complaint by neglecting the principle of the integrity of the electoral process, referring to the lack of accuracy of the votes won by the candidate, because in the specific case no clear and convincing evidence was presented for the alleged violations, and therefore the ECAP rightly rejected the complaint as unfounded. Based on the established factual situation, this Court found that in this legal matter, the factual situation was correctly established and the law was not violated to the detriment of the complainant, therefore, the appeal claims were rejected as unfounded. This is because, as such, they did not prove that they met the grounds on which an appeal may be filed in order to present new facts by the interested party, and no procedural violations or factual errors were found that would affect the rights of the party or the legality of the procedure,” the Supreme Court’s ruling states.
