Prishtina, 27 December 2024 — In a pivotal turn of events, the ruling party Lëvizja Vetëvendosje (LVV) has announced its decision to appeal the The Electoral Panel for Complaints and Appeals (PZAP) ruling that ordered the certification of Serbian List for participation in the upcoming parliamentary elections. This decision, confirmed by KOHA Ditore¹ early this afternoon, marks a critical moment in Kosovo’s democratic journey and showcases the government’s renewed resolve to protect the country’s sovereignty and constitutional order.

The appeal will be submitted to the Supreme Court today at 3:00 PM, signalling a dramatic reversal from the party’s earlier stance of non-action². The decision to pursue legal recourse has been met with cautious optimism, highlighting the ruling party’s recognition of its duty to confront forces that pose a threat to Kosovo’s fragile democracy and national security³.

A Reversal of Stance: From Passivity to Action
This change in course comes after a week of intense scrutiny and criticism following LVV’s initial reluctance to challenge the PZAP’s ruling. Sami Kurteshi, an LVV member of the Central Election Commission (KQZ), previously stated that the party saw no point in appealing, citing skepticism about the judiciary’s likely adherence to the PZAP’s reasoning. This passivity was widely criticised⁴ as a failure to uphold the principles of accountability and democratic integrity.

However, in the face of mounting public pressure and the strategic importance of addressing the challenge posed by Serbian List, LVV has now chosen to act decisively. The appeal underscores the importance of exhausting all legal avenues in defending the constitutional principles upon which the Republic of Kosovo stands.

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Why This Decision Is a Positive Sign
1. A Renewed Commitment to the Rule of Law
By choosing to appeal, LVV has demonstrated its understanding of the critical role that legal mechanisms play in safeguarding democracy. This decision signals a commitment to the rule of law, showcasing that no challenge—regardless of its complexity or potential outcome—is beyond the reach of judicial scrutiny.

2. A Stand Against Destabilising Forces
Serbian List, a party long accused of acting as a proxy for Serbia’s Kremlin-aligned agenda⁵, represents a clear threat to Kosovo’s sovereignty. Its documented history of undermining democratic institutions, coupled with inflammatory rhetoric and connections to destabilising actions, highlights the necessity of confronting its participation in Kosovo’s electoral processes.

Allowing Serbian List to compete without legal challenge would have set a dangerous precedent, signalling that actors working against Kosovo’s sovereignty could manipulate procedural loopholes to their advantage. LVV’s appeal ensures that these forces are met with legal and institutional resistance.

3. Rebuilding Public Trust
The initial hesitation to act had eroded public confidence in LVV’s ability to full-fill its promise of protecting Kosovo’s sovereignty. This reversal has the potential to restore faith in the ruling party’s commitment to its ideals and responsibilities. By pursuing the appeal, LVV can reassure citizens that it remains steadfast in its mission to defend the republic.

The Stakes: National Security and Constitutional Integrity
1. Protecting Sovereignty
The Constitution of the Republic of Kosovo is unequivocal in its assertion of sovereignty and territorial integrity⁶. Article 1 declares Kosovo a sovereign and democratic state, and Article 2 affirms that sovereignty resides in the people. Lista Serbe’s history of undermining these principles—through connections to Blgrade’s destabilising agendas and paramilitary operations—poses a direct challenge to these constitutional foundations.

2. Defending Democratic Norms
Allowing a party with a proven track record of anti-constitutional activities to participate in elections would undermine the integrity of Kosovo’s democratic processes. Article 44(3) of the Constitution prohibits activities that incite ethnic hatred or threaten the constitutional order. The inflammatory rhetoric and documented actions of Serbian List stand in stark violation of this principle.

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Learning from International Precedents
Democracies worldwide have confronted similar challenges, and history offers valuable lessons. Germany’s Federal Constitutional Court dissolved parties like the Socialist Reich Party and the Communist Party in the 1950s for anti-constitutional agendas. Spain’s ban of the Batasuna party for its ties to ETA terrorism in 2003 reinforced the principle that democratic participation is contingent on respect for constitutional norms.

Kosovo’s decision to challenge Serbian List aligns with these precedents, emphasising that democracy cannot accommodate forces actively working to subvert it. This appeal is not only a defence of Kosovo’s democracy but also a reaffirmation of its alignment with international democratic standards.

Looking Ahead: The Path to Justice
Building a Robust Legal Case
The government’s appeal to the Supreme Court must present a thorough and compelling argument, detailing how Serbian List’s actions and rhetoric violate the Constitution. Even if the court’s ruling does not favour the government, this effort will create a legal precedent and document the state’s resistance to anti-constitutional forces.

Mobilising Public Support
Transparency and communication will be critical. LVV must engage with citizens and civil society to explain the stakes of this case, reinforcing the importance of national security and democratic integrity. Public support can bolster the government’s position and demonstrate unity in the face of external threats.

Strengthening Institutional Resilience

Regardless of the outcome, this moment underscores the need for ongoing reforms to strengthen Kosovo’s institutions. Addressing vulnerabilities within the electoral and judicial systems will be essential to prevent similar challenges in the future.

This decision by Vetëvendosje to appeal the PZAP ruling is not just a legal manoeuvre; it is a test of Kosovo’s resolve to defend its sovereignty, democracy, and constitutional order. In choosing action over passivity, LVV has taken a critical step in reaffirming its commitment to the principles upon which Kosovo was founded.

As the Supreme Court deliberates, the people of Kosovo and the international community will be watching closely. This is a moment of reckoning for Kosovo’s democracy, and the actions taken today will set the course for its future. Vetëvendosje has chosen the path of courage and accountability, a decision that must be followed through with unwavering determination. The stakes could not be higher, and the republic’s leaders must rise to meet the challenge.