this meeting there was no decision made by CEC but Department of Election Operations- Election Service
Division moved to implement Article 92.6 of LGE and Article 4.4 of Rule 03/2013 concerning this case.
As in the case in question there was no decision made by CEC concerning this legal matters, therefore the
panel assessed that it not in the jurisdiction of this institution at this stage of the process, to decide
concerning the counting of ballots of voters outside of Kosovo because pursuant to Article 122.1 item a),
b), c), d), e) and f) of LGE, ECAP decides only on decisions of CEC which are expressly included in the
abovementioned provision. CEC did not make any decision concerning the counting or refusal of recounting
of 4639 packages with ballots arrived from voters outside of country, therefore Panel decided that at this
stage of the procedure, the complaint to be dismissed as impermissible.
The dismissal of the complainant’s complaint at this stage of proceedings, on this ground, does not violate
the right of the complainant that, upon the announcement of the results by CEC, submit the complaint again
in case the complainant considers that the alleged right was violated even after the announcement of the
final result by CEC.
From the said above and based on provisions of Article 122 paragraph 1 of LGE, it was decided as in the
enacting clause of this decision.
Elections Complaints and Appeals Panel
A.no. 376/2019 dated on 19.10.2019
Gyltene Sylejmani, Chairperson
(signed & stamped)
Legal remedy: Appeal against this decision, is allowed pursuant to Article 118 paragraph 4 of LGE, to the
Supreme Court, within 24 hours from the moment of receipt of this decision.