Therefore, Panel assess that abovementioned political subject has committed the violation
of Code of Conduct for Political Subjects, Supporters and Candidates, which acts are
contrary to Article 33 item (l) of LGE, which provides as follows: ‘During the
campaigning period a Political Entity, its supporters or candidates shall be prohibited
from doing any of the following: using language, in oral or written form, which incites or
provokes, or is likely to incite or provoke, another person to commit an act of violence
against other persons or property, or which incites or is likely to incite hatred towards
others, or publishing or using pictures, symbols or any other material that has or is likely
to have such effects”.
Panel, while imposing the fine as in the enacting clause of this Decision, considered the
abovementioned violations and imposed the fine, based on Article 120 paragraph 1item c
0) of LGE, Article 3 item 11 of Regulation no. 01/2012 on Categorization of Sanctions and
Fines of ECAP because:
By Article 120 paragraph 1 item c) of LGE, Amended and Supplemented by Law on
General Elections of Republic of Kosovo, with no. 03/L-073 dated October 29, 2010
Article 14 provides as follows: “ Article 120 in force paragraph 1 item b) and C) reworded
as follows: item c) imposes a fine on a political subject up to 50.000 euros”.
By Article 3 item 11 on Categorization of Sanctions and Fines of ECAP, it is provided as
follows: ” If a Political Subject, its supporters or candidates, during the campaigning
period use language, in oral or written form, which incites or provokes, or is likely to incite
or provoke, another person to commit an act of violence against other persons or property,
or which incites or is likely to incite hatred towards others, or publishing or using pictures,
symbols or any other material that has or is likely to have such effects.. that political subject
which is represented at Assembly of Republic of Kosovo is fined between 10,000 and
30,000 euros.
Panel, upon review of the case file and referring to the legal provisions mentioned above
and especially considering the circumstance of the case such as:
the nature of the violation and its potential impact on the electoral process;
degree and gravity of the violation;
the fact that the political subject participated in earlier elections which means that
the same was aware on obligations and responsibilities during the electoral
process period and besides the abovementioned the same subject, in the previous
elections was considered as inappropriate exactly for the language used which
was qualified as inappropriate and through which it could incite act of violence
and therefore it was fined twice in the electoral process in 201;
political subject with the video spot published during this electoral campaign has
committed a violation of Law on election in force as well as in the previous
elections in Kosovo which means that the same subject is a recidivist- repeats the