ECAP, after review and analyze of the case file, pursuant to Article 117 paragraph 2 of
LGE found that:
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The complaint is grounded.
Panel, after viewing the CD provided as material evidence which is also published on the official
website of the Serbian List, has assessed that the political subject Serbian List, in order to promote
the political subject and its candidates in the electoral spot, has incited interethnic hatred in Kosovo
and used political objects to promote the program of their political subject during the election
campaign.
The spot of political subject Serbian List also contains messages that incite and provoke hatred
towards the existence of the State of Kosovo when it is said: 'When it is difficult, we can win
only if we are together, in defense of what is ours” when Serbia calls, I give my vote' and
according to Panel’s assessment, by using this language, there is hatred incited against
others in this spot.
Whereas as far as considering the allegations in the response to the complaint concerning
the guaranteed seats at Assembly of Republic of Kosovo, Panel finds it unsustainable
because of the Transitional Provisions for Assembly of Kosovo, in Article 148 paragraph
1 of Constitution of Republic of Kosovo, provides as follows:’ For the first two (2)
electoral mandates, the Assembly of Kosovo shall have twenty (20) seats reserved for
representation of Communities that are not in the majority in Kosovo, as follows: Ten (10)
seats shall be allocated to the parties, coalitions, citizens' initiatives and independent
candidates having declared themselves representing the Kosovo Serb Community and ten
(10) seats shall be allocated to other Communities as follows: the Roma community, one
(1) seat; the Ashkali community, one (1) seat; the Egyptian community, one (1) seat; and
one (1) additional seat will be awarded to either the Roma, the Ashkali or the Egyptian
community with the highest overall votes; the Bosniak community, three (3) seats; the
Turkish community, two (2) seats; and the Gorani community, one (1) seat. Any seats
gained through elections shall be in addition to the ten (10) reserved seats allocated to the
Kosovo Serb Community and other Communities respectively”, whereas with paragraph 2
of this Article it is provided as follows:’ Notwithstanding paragraph 1 of this Article, the
mandate existing at the time of entry into force of this Constitution will be deemed to be
the first electoral mandate of the Assembly, provided that such mandate continues for a
period of at least two (2) years from the date of entry into force of this Constitution”.