The Dispute Over the Tenth Seat on the CEC: LVV and PDK Claim the Right

The decision by Acting President Albulena Haxhiu not to appoint the tenth member of the Central Election Commission has prompted reactions from former CEC Chairwoman Valdete Daka, as well as representatives of civil society. They have raised concerns about the implementation of constitutional provisions on the representation of political entities in this institution, KosovaPress reports.

On August 31, Haxhiu decreed nine members of the CEC, while stating that a decision on the final position would be made soon. However, it has still not been announced whether the seat will go to the third member of the Vetëvendosje Movement or the second member of the Democratic Party of Kosovo.

Valdete Daka considers the failure to decree the member who, according to her, should belong to the PDK to be a violation of the party’s right, which is guaranteed by the Constitution and the Law on General Elections.

She told KosovaPress that if Haxhiu does not appoint the new member, the PDK should consider referring the matter to the Constitutional Court.

Daka: PDK is entitled to two seats on the CEC

“The Acting President has not performed her duty as stipulated by the Constitution, since the Democratic Party of Kosovo should have been given another member as well. In doing so, she has violated a right belonging to this party, guaranteed both by the Constitution and the Law on General Elections… If Ms. Haxhiu still does not decree a member either for LVV or PDK, then she is not exercising the duty assigned to her by the Constitution. I believe that the PDK should respond here and perhaps refer this matter to the Constitutional Court,” she said.

According to Naim Jakaj, a researcher at the Kosovo Institute for Justice, the composition of the largest Albanian parliamentary groups after the June 7 elections determines that LVV and PDK should each have two members, while LDK and the Alliance should each have one member.

Jakaj: This is the composition the CEC should have

“Ms. Haxhiu, as Acting President, should have implemented the Constitution of Kosovo. Article 139 of the Constitution states that the six largest parliamentary groups should each have one member on the CEC. Since there are four largest Albanian parliamentary groups, the composition of the CEC is clear from both the constitutional wording and practice. In this regard, Ms. Haxhiu should have allocated two CEC members to LVV, two to PDK, one to LDK and one to the Alliance. This is the constitutionally mandated composition among the Albanian parties. Meanwhile, there has been no problem with the communities,” he emphasized.

The Vetëvendosje Movement has insisted that the third CEC member should belong to them.

Durmishi: LVV is seeking the third member

“The Vetëvendosje Movement has also requested the third member; the Acting President will decide on this,” said LVV member Hysen Durmishi after being decreed as a CEC member.

The Democratic Party of Kosovo declined to comment on the matter on Monday.

In the previous mandate, the Central Election Commission had operated with nine political members, while the tenth member and chairperson was Kreshnik Radoniqi.

Albulena Haxhiu, in her capacity as Acting President, has decreed the new members of the Central Election Commission.

Hysen Durmishi and Violeta Salihu from the VETËVENDOSJE! Movement, Rashit Qalaj from the Democratic Party of Kosovo, Ilir Fetahu from the Democratic League of Kosovo, Muharrem Nitaj from the Alliance, Stefan Filipovic from the Serb List, Yildiray Bayrami from the Turkish Democratic Party of Kosovo, Delvir Tairi from the Vakat Coalition and Abedin Neziraj from the New Democratic Initiative of Kosovo have taken the oath.