the fulfillment of the purpose of the limitation, subsequently based on Article 55 paragraph 2 of the
Constitution, the measure or limitation is not proportional with the purpose of the limitation, by mentioning
that Constitution may be limited to the extent necessary for the fulfillment of the purpose of the limitation
and it should have a legal intention and must be proportional with the purpose as provided by Ruling of
Constitutional Court of Republic of Kosovo in case no. KO131/12 thus by not being necessary for the
fulfillment of the purpose, this measure presents violation of electoral rights provided as per Article 45 in
conjunction with Article 55 of the Constitution. Dismissal of the votes of citizens of Republic of Kosovo
living abroad but which arrived after the deadline set by CEC, except it constitutes violation of the electoral
right guaranteed according to Article 45 of Constitutions, it violates the principal of equality of vote, which
means not only the right to vote but also the right to vote as others citizens of Republic of Kosovo. The
delay on delivery of the packages before the election date, it’s not responsibility of the citizens outside of
the country but it’s a consequence of objective factors, not depending from the voters and diaspora. The
reasons of this delay of these packages are the warned technical problems during postal deliveries,
considering that the bankrupt of the “ Adria Airways” airline company at that time, which was the one
which mostly did the transportation of post deliveries especially from European countries. At the end it
added that the refusal of CEC to count the votes delivered after the set deadline even though the voters had
nothing to do with the delay, makes “ the nature and extent of the limitation’ more grievous in this case, so
by not considering this fact prior to deciding not to count the 4639 packages in question, CEC failed to
fulfill its constitutional obligations as per Article 55 paragraph 4 as the refusal to count the votes arrived
after the deadline, presents a violation of Article 3 of Protocol no.1 of ECHR by concluding that the lack
of decision-making by CEC concerning this matter continuously raised by GERMIN results on the denial
of election rights of voters outside the country and asking from ECAP that, based on mandate provided by
LGE, respectively Article 115.1, undertakes the concrete actions and further legal steps for treatment and
solving out of this matter.
The response of CEC received by email on 19.10.2019 on allegations of the complaint submitter that CEC
has violated the right of vote to the citizens of Republic of Kosovo who live abroad, mentioned that Central
Election Commission at the meeting no. 50/2019 dated 12.10.2019, has received the information report
from Department of Elections Operations-Election Service Division, concerning the receipt of packages
with ballots from voters outside of Kosovo. According to CEC this was only an information report and
CEC did not make any decision on these packages received by postal service arrived beyond the deadline
for the voting period via postal service ( 05 October 2019)in the postal box of CEC from 08 to 11 October
2019, on 4.639 packages from outside of Kosovo but asked from Department of Election OperationsElection Service Division that concerning the case in question to implement the Law on General Elections
and CEC Rules.
ECAP, pursuant to Article 3 paragraph 8 of Rules and Procedures of ECAP, decided to treat the complaint
in question as an appeal, considering that in this case such treatment is the adequate one.
Panel, upon review of the case files, ascertained that the appeal allegations for non-counting of 4639
packages with ballots sent by post service by citizens who lives out of Kosovo and which have not yet
arrived and counted at CRC, cannot be object of assessment at this stage of election process due to the fact
that CEC did not make a decision yet on counting of the ballots of voters outside of Kosovo as it derives
also from the response to complaint by CEC submitted on 19.10.2019. The report presented by Department
of Election Operations- Election Service Division concerning the acceptance of packages with ballots from
voters outside of Kosovo, was an information report at CEC meeting dated 12.10.2019, no,50/2019 and at