Constitutional Court

The Applicant, the Democratic Party of the Kosovo Ashkalia (DPKA), filed a Referral pursuant to Article 113.7 of the Constitution challenged the Supreme Court’s decision to affirm a Election Complaint and Appeals Panel’s determination allowing the Ashkalia Party for Integration (API) to obtain an additional parliamentary seat that arguably belonged to DPKA, contending that it violated Article 64.2 of the Constitution of the Republic of Kosovo and Article 111 of the Law on General Elections in Kosovo, The Court held that the Referral was inadmissible as manifestly ill-founded pursuant to Rule 36.2(b) because the Applicant had failed to prove that the Supreme Court had violated any rights or freedoms guaranteed by the Constitution. The Court determined that DPKA and API represent the same minority community of Ashkalia, which received two Assembly seats in accord with the process prescribed by Article 64.2 of the Constitution