Discharging CEC member of SMI

If we refer to the Electoral Code approved with consensus by the majority and opposition, the balance mentioned by the opposition for this replacement is not a legal reason and cannot be foreseen by the law as a cause to change the CEC members.

The Code states that the CEC members are elected through this political formula:

1. Parliament elects CEC members according to this procedure:

a) Two members are proposed by the party with the majority of Parliamentary seats, and two by the biggest opposition party.

b) The subjects present not less than two candidacies for each vacancy. The Parliamentary Group leaders of the proposing subjects select four candidacies collegially, in full accordance with the criteria foreseen by letter “a” of this paragraph. The proposing subjects of letter “a” elect a candidacy from each gender;

Subjektet propozuese, në fazën e përzgjedhjes, paraqesin jo më pak se dy kandidatura për secilën vakancë. Kryetarët e grupeve parlamentare të subjekteve propozuese përzgjedhin kolegjialisht 4 kandidatura, në përputhje me kriteret e parashikuara në shkronjën “a” të kësaj pike. Subjektet propozuese të shkronjës “a” përzgjedhin një kandidaturë nga secila gjini;

c) The candidacies elected according to letter “b” are submitted to the Parliament for its approval;

ç) The fifth CEC member is elected by candidacies proposed by groups of MPs from the majority, excluding the biggest party of the majority. The sixth CEC member is proposed by the groups of MPs from the opposition, excluding the biggest opposition party. The list must have not less than two candidacies.

The causes for the replacement are foreseen by article 18, and there is no other provision besides:

1. The mandate of the CEC Chair and members ends when:

a) Is involved in political duties while serving at the CEC

b) Reaches the retirement age;

c) Dies;

ç) Resigns;

d) Is sentenced by a court for a crime;

dh) Damages CEC activities with his actions, such as with the preparations, observation, direction and verification of all aspects that are related with the elections and referendums, and for declaring their results.

e) Is absent for no reason in two consequent meetings of the CEC, or in an electoral period for more than five days;

2. A CEC member is discharged only through a Parliament decision, after a CEC proposal for unpredicted causes in the letters “a, d, dh, e” of article 1.

The new situation that has created controversies between the DP, SP and SMI has created a precedent that could be dangerous for the future.

Each time that the majority changes in Albania, the Parliament can change the formulation of the CEC and cut the mandates of the independent institutions elected by the previous Parliament.

This political development that is related with CEC falls against the appeals for the US Ambassador, Alexander Arvizu and the OSCE Ambassador, saying that the political parties must stay away from the CEC.

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