The certification and decertification process of elections, with special emphasis in the Republic of Kosovo

AuthorSadik Haxhiu - Fejzullah Hasani
PositionUniversity of Gjilani 'Kadri Zeka'
Pages208-214
Vol. 4 No. 1
March, 2018
Academic Journal of Business, Administration, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
ISSN 2410-3918
Acces online at www.iipccl.org
208
The certi cation and decerti cation process of elections, with special empha-
sis in the Republic of Kosovo
Assoc. Prof. Dr. Sadik Haxhiu
University of Gjilani “Kadri Zeka”
Assoc. Prof. Dr. Fejzullah Hasani
University of Gjilani “Kadri Zeka”
Abstract
The right of all adult citizens to participate in the issues of their country’s governance is
one of the cornerstones of democracy. Election participation is de ned by internal legal acts
such as constitution, laws, electoral codes, and through international legal acts. This right
has been limited throughout history, by completely banning certain categories of citizens
to participate in elections or by placing voters’ censorship such as the rich, poor, educated,
etc. Apart from the active and passive right to participate in the elections, the constitution
and the electoral laws have also determined the right of exclusion from the elections. In the
contemporary world, with internal norms and international law, special criteria are set for the
certi cation and decerti cation of voters in the elections. The purpose of this paper is to assess
the colliding norms that exist in Kosovo’s legislation regarding the participation of citizens in
the elections, especially the colliding norms between the constitution and the electoral laws
in the certi cation-de-certi cation provisions of the elections. With these shortcomings and
ambiguities, international standards for democratic elections have been violated.
Keywords: Right to election, electoral process, certi cation of election, de-certi cation.
JEL Classi cation: K15 and K16
Introduction
The object of this paper is the organization of free elections in line with international
standards for democratic elections, with particular emphasis on the Republic of
Kosovo. In this context, we will investigate one of the segments of the organizations
of elections, the right to elect and to get elected, namely the active and passive
right of elections, focusing on the certi cation and decerti cation segment of the
candidates in the elections. Throughout history, various rules have been applied for
the organization of elections and special censuses for the active and passive right of
elections. Last decades a number of international acts for free elections have been
issued. The signatory states of these acts are obliged to dra domestic legislation.
They have determined with the constitution and laws the active and passive right of
elections, such as: The right to elect and to be elected as a constitutional right and the
dilemmas when this right can be denied to a citizen in legal terms; Participation of
candidates in elections and their certi cation and decerti cation; Conditions when
a person may be restricted the passive electoral right according to the Constitution
of the Republic of Kosovo; When can this right be taken with a court decision? Non-

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