TIRANA, June 13 /ATA/ – Parliament of Albania appealed to President of the Republic to take stock of his moves and bring the institution of President back to the scope of competences stipulated by the Constitution and do not take any steps in breach of the Constitution,” the draft resolution on the act of President for abolition of the decree on June 30 local elections says.
The draft resolution says that parliament of Albania appeals to public bodies charged by law with duties for ensuring the orderly conduct of local elections to consider null and void the act of President dated 10.06.2019 on abolition of decree no 10928, dated 05.11.2018 and proceed with their tasks as defined in the relevant legislation on guaranteeing the constitutional right of Albanian citizens to elect their local government representatives.
Draft resolution of parliament on abolition of President Meta’s decree:
Parliament of Albania:
In light of the historic moment facing our country down the path to EU accession while awaiting the decision of European Council after the recommendation without conditionality of the EC dated May 29, 2019 for opening of accession talks:
Re-asserting the determination and full will for a comprehensive electoral reform, endorsed by all political stakeholders in the country, in compliance with OSCE/ ODHIR recommendations, reflected in monitoring reports on previous elections as well as in line with international standards for free and fair elections:
In full support of justice reform as a key criterion for the European future of the country as well as the rule of law and in Albania, a reform which has been appreciated on positive notes in the EC progress report citing Albania as a role model for other countries in the Western Balkans;
Appreciating the establishment of new judiciary governance organs such as the Justice Appointment Council, the High Prosecution Council, the High Judicial Council, the steps taken towards filling as soon as possible the vacancies on the Constitutional Court, establishing the prosecution and Special Court against Corruption and Organized Crime, the election of General Prosecutor and encouraging accelerated implementation of judicial reform in this regard;
Recognizing the constitutional right of citizens to protest freely and in a peaceful fashion, it condemns any form of violence against life, property, institutional order and state bodies which at the same time have an adverse effect on the image of the country, undermine the reform process and the process of opening EU accession negotiations.
Appreciating the political and institutional dialogue between political, parliamentary and non-parliamentary actors as the only way in a functional democracy to foster political and social coexistence, also in line with the recommendation of European Commission report released in May 2019, pointing out that extra-parliamentary opposition parties should re-engage in constructive way with democratic institutions and back down on actions that run counter to democratic principles;
Bearing the responsibility stipulated by the Constitution of the Republic of Albania in its Article 1 which says that Albania is a Parliamentary Republic;
Adhering to the constitutional stipulation that the government is based on a system of free, fair, general and periodic elections:
Given the role of the President in a parliamentary republic as a neutral, impartial and independent body that stands above all powers and does not belong to them, as an institution that cannot be active in the processes of political decision-making in order to steer clear of political stands in the exercise of its state functions;
The Albanian Parliament, having been informed with the Act of the President dated 10.06.2019 on the repeal of Decree no. 10928, dated 05.11.2018 “On setting the date for local government bodies” and having considered this act as unprecedented and aiming to prevent the Albanian citizens from fulfilling the constitutional right to elect their representatives in the local government , concludes that:
The Constitution and the Electoral Code do not define the President’s right to annul the elections;
The Act of the President unlawfully intends to intervene in an electoral process already announced and administered in accordance with the criteria, terms and deadlines stipulated in the Electoral Code, as is the process initiated for the organization and administration of 30 June 2019 elections.
This act is intended to directly tamper with a process that is already within the remit of its managing body and as such should be scrutinized and assessed by the election administration bodies stipulated in the Electoral Code;
It is an obligation of the electoral administration not only to guarantee the exercise of the Albanian citizen’s right to elect in line with the constitutional and legal standards but also to safeguard the exercise of this right from any unlawful interference, committed or attempted to be committed, by any a natural or legal person, deterring the threats to orderly conduct of this process;
Based on the principle of legitimacy and responsibility as well as the discretion of administrative bodies, whereby nobody has the obligation and is not liable unless it enforces an order, act, or decision that is null and void and in flagrant violation of the Constitution and law;
The intervention of President of the Republic at this stage of the electoral process as a tool that has seriously undermined the equality of political competition breaching the political impartiality of the President written into the Constitution;
The possibility of activating the parliamentary control and parliamentary investigation mechanisms provided for in Article 90, paragraph 2 of the Constitution;
The Albanian Parliament assesses that the Act of the President dated 10.06.2019 on abrogation of the decree no. 10928, dated 05.11.2018 “On setting the election date for local government bodies” is absolutely invalid and overreaches the constitutional and legal powers of the institution of the President and as such the Albanian Parliament supports the position of the Central Election Commission for continuation of electoral process and encourages this body to continue to protect inviolability and to guarantee continuation of process for local elections on June 30, 2019, in the light of enforcement of the President’s Decree no. 10928, dated 05.11.2018 “On setting the date for election of local government bodies”, recognizing the latter as the only lawful act issued by President of the Republic of Albania in the framework of 2019 local elections.
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