Elections in the Republic of Kosovo are still a challenge that stems from not changing and not reforming the election law. So far, many observers have made recommendations among themselves: EU Observers, the Council of Europe, but without change and without impact towards a reform.
Political parties in Kosovo do not have the will to change anything in the electoral process, they are used to working with this legal infrastructure. The control of electoral mechanisms with the nominees from political parties suits them. The challenges will continue as they are, until there is a reform that is electoral.
Table of Contents
1. Defining the problem
1.1 Central Election Commission (CEC)
1.2 Findings observers
1.3 Municipal Election Commissions
2. What are the challenges of the process?
2.1 Municipal Election Commissions (MECs)
2.2 Polling Station Councils and Ballot Counting
3. Necessary amendments to the Law on General Elections of the Republic of Kosovo
3.1 Research findings
Objectives and Core Themes
This work examines the structural and administrative challenges facing the electoral process in the Republic of Kosovo, specifically focusing on the lack of comprehensive legal reforms. The central research objective is to identify the critical flaws within electoral institutions—namely the Central Election Commission (CEC), Municipal Election Commissions (MECs), and Polling Station Councils (PSCs)—and to propose necessary legislative amendments, particularly regarding the depoliticization of these bodies to ensure impartial election administration.
- The impact of politicized election management on democratic integrity.
- Deficiencies in the current legal framework governing political parties and elections.
- Challenges associated with vote counting and the audit of electoral results.
- The necessity of transitioning to a depoliticized, civil-servant-led electoral administration.
- An analysis of the proportional electoral system and its practical application in Kosovo.
Excerpt from the publication
1. Defining the problem
Kosovo has a proportional electoral system with open lists, and Kosovo is only an electoral constituency, so Kosovo is not divided into several constituencies, and this is one of the problems regarding the representation of all regions through MPs. Political parties when competing at the level Nationals do not compile a list of deputies where the regions are democratically represented, so it happens that one city has many deputies competing and other cities remain without a candidate. This is the case with political composition, political parties do not accurately declare donors and revenues, even despite the audit of revenues and the fact that the audit company is elected by the CEC, they still do not conduct an independent audit.
Furthermore, the Law on Political Parties does not define what happens if a political party violates the state constitution? Or acts against the constitution of the state. The other problem and the other main challenge is the CEC, the MEC and the PSC are politically composed, which is reflected in many irregularities during the general election process starting with the CEC as the organizer of the elections, the composition of the MEC and the PSC, these three mechanisms are active problems related to the administration of elections in Kosovo, decision-making in all these electoral mechanisms is political and is led by the parties that make up these electoral institutions, starting with the nomination of CEC members, the nomination of Municipal Election Commissions and the Polling Station Councils that count votes and manipulate and steal votes of their candidates within the same political party in the open proportional list.
Summary of Chapters
1. Defining the problem: This chapter outlines the structural defects in Kosovo's proportional electoral system and highlights how political control over election mechanisms undermines candidate representation and financial transparency.
1.1 Central Election Commission (CEC): Analyzes the composition and political dependency of the CEC, arguing that its current structure under Article 139 of the Constitution leads to complete party control.
1.2 Findings observers: Reviews observations from election monitor reports, emphasizing the complexities of establishing Polling Station Councils and technical failures in transparency during previous elections.
1.3 Municipal Election Commissions: Discusses the persistent difficulties in appointing MEC members and the lack of consensus regarding the appointment formula between ruling and opposition parties.
2. What are the challenges of the process?: Examines how the politicization of decision-making bodies creates significant obstacles to the certification of elections and the neutrality of the electoral process.
2.1 Municipal Election Commissions (MECs): Argues that MECs should move away from political party composition toward a structure based on civil servants to ensure impartial management.
2.2 Polling Station Councils and Ballot Counting: Identifies the manual counting of votes by party-affiliated commissioners as the primary source of vote rigging and election-related criminal activities.
3. Necessary amendments to the Law on General Elections of the Republic of Kosovo: Proposes specific legislative changes to strengthen the independence of the registration of political parties and election administration.
3.1 Research findings: Details the urgent need to amend articles regarding the mandate of CEC members and the procedural rules for vote counting to prevent manipulation.
Keywords
Election administration, Depoliticization, Central Election Commission (CEC), Municipal Election Commissions (MEC), Polling Station Councils (PSC), Law on General Elections, Political parties, Proportional electoral system, Vote counting, Legal reform, Electoral integrity, Kosovo, Democracy, Open lists, Election observation.
Frequently Asked Questions
What is the primary focus of this work?
The work focuses on identifying and analyzing the systemic failures and administrative challenges within the electoral process of the Republic of Kosovo, specifically criticizing the heavy influence of political parties on key electoral institutions.
What are the central thematic areas?
The themes include the politicization of the Central Election Commission (CEC) and Municipal Election Commissions, the flaws in the proportional electoral system, the risks of vote-counting by party commissioners, and the need for legal reform.
What is the main objective of the research?
The core objective is to advocate for the depoliticization of electoral management bodies and to propose specific amendments to the Law on General Elections to meet international democratic standards.
Which scientific methodology is applied?
The author employs an analytical, descriptive, comparative, and empirical methodology to evaluate the existing legal framework and institutional practices against electoral outcomes.
What does the main body of the text cover?
It covers the operational challenges of election bodies, problems with voter registration lists, the impact of partisan control on appointment processes, and the chronic issues of vote manipulation during the counting phase.
Which keywords define this research?
Key terms include election administration, depoliticization, electoral integrity, CEC, MEC, PSC, legal reform, and proportional representation.
How does the author view the current independence of the CEC?
The author argues that despite being termed "independent," the CEC is effectively dependent on political parties because its members are nominated by parliamentary groups, allowing for political influence over decision-making.
What solution does the author offer for the issue of vote counting?
The author suggests that the counting of votes must be depoliticized by replacing political party commissioners at polling stations with neutral civil servants to prevent vote theft and rigging.
Can you describe the proposed structural change for electoral institutions?
The author proposes a "mixed composition" for institutions like the CEC, incorporating judges and academics rather than relying exclusively on political party nominees, to ensure the bodies operate impartially.
- Quote paper
- Blerim Burjani (Author), 2023, Challenges of Election Administration in Kosovo, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1318794
