Reform of the electoral legal framework and depoliticizing the administration of the electoral process in the Republic of Kosovo

Xhavit ShalaFollow
Mervete ShalaFollow

Session

Law

Description

This paper will address the legal framework and administration of the electoral process in Kosovo. The administration of elections includes the structure and composition of the election administration and the organization of elections in general. In the normative framework for elections (in particular Article 139 of the Constitution and Article 61, Article 67 and Article 74 of Law no. 03 / L-073 On the General Elections) we notice that the election administration in Kosovo is structured in three levels: the Central Election Commission (CEC), the Municipal Election Commissions (MEC) and the Polling Station Councils (VCCs). Still, CEC represents the most important institution that administer the entire electoral process. The Constitution defines the "structure and the mandate of the CEC" and the Law on General Elections defines the structure, mandate and election of members of the "CEC", "MEC" and "VCC". The CEC is an "independent, permanent body" with a Constitutional and legal mandate for the "administration of elections" in accordance with the rules set out in the Electoral Law. In the analysis of the legal framework, the CEC consists of two types of members: a) political members nominated by political parties represented in the Assembly and decreed by the President, and b) non-political member or head of the CEC coming from the system of Justice or the Supreme Court selected and decreed by the President of Kosovo. The process of consolidating the structures for the administration of the electoral process goes further with the appointment of members of the "MEC" and "VCC" with political and non-political composition. This political composition of the CEC is affecting its work, according to the election evaluation reports. In all the reports from the European Union Election Observation Mission as well as in the ‘progress reports’ of the European Commission, on the Parliamentary Elections held in Kosovo during the period 2010-2020, we note that the common recommendation is the reform of the electoral legal framework . The purpose of this research is to find the best model for the administration of the electoral process and to provide recommendations for legal and institutional reforms. The reform of the legal framework should reflect the establishment of an apolitical CEC involving all levels of administration of the electoral process. This would enable organizing free, democratic elections and according to international standards. The methodology used in this paper is mixed. This paper is based on the collection and analysis of primary and secondary data.

Keywords:

Election administration, legal framework, Commission, Polling station councils

Session Chair

Visar Hoxha

Session Co-Chair

Sevdai Morina

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-96-7

Location

Lipjan, Kosovo

Start Date

31-10-2020 1:00 PM

End Date

31-10-2020 3:00 PM

DOI

10.33107/ubt-ic.2020.270

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Oct 31st, 1:00 PM Oct 31st, 3:00 PM

Reform of the electoral legal framework and depoliticizing the administration of the electoral process in the Republic of Kosovo

Lipjan, Kosovo

This paper will address the legal framework and administration of the electoral process in Kosovo. The administration of elections includes the structure and composition of the election administration and the organization of elections in general. In the normative framework for elections (in particular Article 139 of the Constitution and Article 61, Article 67 and Article 74 of Law no. 03 / L-073 On the General Elections) we notice that the election administration in Kosovo is structured in three levels: the Central Election Commission (CEC), the Municipal Election Commissions (MEC) and the Polling Station Councils (VCCs). Still, CEC represents the most important institution that administer the entire electoral process. The Constitution defines the "structure and the mandate of the CEC" and the Law on General Elections defines the structure, mandate and election of members of the "CEC", "MEC" and "VCC". The CEC is an "independent, permanent body" with a Constitutional and legal mandate for the "administration of elections" in accordance with the rules set out in the Electoral Law. In the analysis of the legal framework, the CEC consists of two types of members: a) political members nominated by political parties represented in the Assembly and decreed by the President, and b) non-political member or head of the CEC coming from the system of Justice or the Supreme Court selected and decreed by the President of Kosovo. The process of consolidating the structures for the administration of the electoral process goes further with the appointment of members of the "MEC" and "VCC" with political and non-political composition. This political composition of the CEC is affecting its work, according to the election evaluation reports. In all the reports from the European Union Election Observation Mission as well as in the ‘progress reports’ of the European Commission, on the Parliamentary Elections held in Kosovo during the period 2010-2020, we note that the common recommendation is the reform of the electoral legal framework . The purpose of this research is to find the best model for the administration of the electoral process and to provide recommendations for legal and institutional reforms. The reform of the legal framework should reflect the establishment of an apolitical CEC involving all levels of administration of the electoral process. This would enable organizing free, democratic elections and according to international standards. The methodology used in this paper is mixed. This paper is based on the collection and analysis of primary and secondary data.