The Supreme Court has cleared the way for the certification of the results of the June 7 parliamentary elections, rejecting as unfounded all five appeals against the final results. Following the decision, the Central Election Commission has scheduled its next meeting for 11:00 on Wednesday with a single item on the agenda – the certification of the results.
On Wednesday, the Central Election Commission is expected to certify the results of the elections held a month ago.
The CEC's path to the final step - which concludes the electoral process - has been paved by five Supreme Court decisions, where the same number of appeals against the final result, announced 10 days ago, were rejected.
The Supreme Court on Tuesday confirmed the decisions of the Electoral Panel for Complaints and Appeals issued last week.
The complaints were of two types: Parties from non-majority communities complained alleging that other entities, also from minorities, had received votes in settlements where no citizens of the community they represent lived; and two complaints were from Democratic Party candidates for MPs, Bekim Haxhiu and Qëndrim Kryeziu, who requested a recount of all the party's preferential votes.
The Serbian List has claimed that Nenad Rašić's ZSPO party received 40% of the votes in areas where few or no Serbs live, and has requested their cancellation.
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The Serbian List claims that this result denied the Serbian community a guaranteed seat, but the Supreme Court considered this argument contradictory.
"The political entity against which the complainant has filed a complaint is the party or entity represented by Mr. Nenad Rašić, which is a political entity representing the Serbian community, and the claim that the guaranteed seat has been violated cannot stand, because we would have a violation of the guaranteed seat if another non-Serb entity and not a Serbian entity were to receive or win the mandate," the verdict states.
The Supreme Court has stressed that the complaints are not supported by evidence proving such manipulations. The decision states that the vote is free and secret.
A similar complaint had been made by Emilja Rexhepi's Nova Demokrastka Stranka - a party representing the Bosniak community, against the Vakat Coalition - which also represents Bosniaks.
The NDS claimed that Vakati also won votes in Albanian settlements.
Rexhepi's party has also filed a complaint against Rašić's. It states that in 6 villages where only 6 Serbs live, ZSPO received over 200 votes.
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But according to the Supreme Court, the ethnic structure of the population cannot be established as a criterion for assessing the legality of voting or election results.
"The constitutional protection of communities and their members does not change the individual character of the right to vote and does not create a basis for the legal categorization of the vote according to the voter's ethnicity," the judgment states.
The Supreme Court has also deemed the claims of two PDK MPs, Haxhiu and Kryeziu, as unfounded.
The two decisions state that the recount of 7.41% of the votes did not produce major differences in the results for deputies.
"The report results from the fact that based on the nature and extent of these differences, it can be assessed that they are mainly related to the re-categorization of ballots during the recount, as well as to human errors during the counting at the NCC," the verdict states.
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The CEC has called a meeting for Wednesday, the agenda of which is the certification of the results of the June 7 elections.
From Wednesday, MPs have 30 days to call a constitutive session.