Panel assessed also the remarks and suggestions given in the reasoning of the decion of Supreme Court as
far as concerning the implementation of Article 127 of LGE but that in this case Law on General Elections
(LGE) is a special law ( read specialis) in report to Law on Contested Procedure, and all this based on
principle: ‘ Lex specialis derogate lex generali “ or The special law prevails the general law” which
regulates only the electoral process, but if two laws regulates the same factual situation, the law which
regulates the specific field such as LGE, it prevails the law which regulates only general issues ( read
generalis).
Based on this, Panel assess that in this case Law on General Elections in Republic of Kosovo is a substantive
legal and procedural law that expressly and clearly defines the deadline when the ballots are supposed to
the arrive at CEC in order to be treated as valid ones ( this deadline is hours before the election day as
determined by Article 96 paragraph 2 of LGE and Article 4 paragraph 4 of Election Rule no.03/2013) and
that in this case we are not dealing with undetermined situations with LGE and Elections Rules where the
provisions of LGE would be implement appropriately. Also in this case there are no submissions which
would be sent in an court proceedings or sent to the court, so the provisions of LCP would be implemented
appropriately but we have to deal with sensitive material such are the ballots as determined in Manual of
Voting and Counting Procedure of Elections for Assembly of Republic of Kosovo 2019. Therefore in this
case the deadline for receipt of these packages is specific comparing to delivery of the submissions delivered
to the court, because by Article 96 paragraph 2 of LGE and Article 4 paragraph 4 of Election Rule
no.03/2013, CEC at this electoral process stage it is not foreseen the consideration of the delivery time at
the post of the sending country but it is determined that the ballots should arrive at CEC before elections,
not later then 24 hours, before the voting date.
The allegations of the appellant in the appeal that non sending of the ballots to CRC in order to be counted
is a violation or denial of the right to elect as it is guaranteed by Article 45 of Constitution of Republic of
Kosovo, is ungrounded, because with no action or decision CEC denied the tight for voting, because in
order to use the constitutional right to vote and elect are determined by the rules as how can they exercise
this right as provided by Article 96 paragraph 2 of LGE and Article 4 paragraph 4 of Election Rule
no.03/2013 of CEC which means that the same should arrive at CEC 24 hours before the election day.
Panel, while deciding, assessed all other allegations of the appellant but those allegations were assessed as
unsustainable and without impact on deciding otherwise because in this case we are not dealing with the
election right and participation right but with failure to respect the legal terms and deadlines, which
deadlines are percussive and cannot be changed or extended but only be implemented as determined by
law. The same as the voters inside Kosovo have legal deadlines to vote on the election day when the polling
stations are opened, as per Article 88 paragraph 2 of LGE, no one may vote after the closing time of the
polling centers, except voters who are in the queue of a PS at the time of closing, the same goes for the
voters outside of Kosovo, which is provided as per Article 96 paragraph 2 of LGE that packages with ballots
should be received by the CEC prior to election day, which in this case as it was ascertained above 4,639
packages with ballots outside of Kosovo, were received by CEC after the set legal deadline.
From the reasons mentioned above and based on Article 115, 117,118 and 122 of LGE, Panel decided as
in the enacting clause of this decision.
Elections Complaints and Appeals Panel
A.no. 375-2/2019 dated on 28.10.2019
Fejzullah Rexhepi, Chairperson