Linda Rama: Between Family, Work and Albania’s Future The Electoral College has minimally broken the law. The two former
Chairmen of the Central Election Commission, Ilirian Celibashi and
Kristaq Kume, share the same opinion about yesterday’s decision taken by
the Electoral College.
Referring to the only Electoral Code rule that foresees this case (article 145), the two former CEC Chairmen say that the only decision that the judge panel had to take was to oblige the CEC to take the decision, rather than deciding for them.
Both former Chairmen say that this decision shows that the Electoral College is overruling CEC, making a very dangerous precedent.
“The Electoral College has taken the attributes of the electoral administration. Their duties are well set for the CEC and other Electoral Administration levels, and its their duty to exert these functions an any obligation that comes from the Elcetoral College, or for any future problem or conflict, their members will address it to the Electoral College. The elections cannot be administered by the Electoral College, but by CEC”, Celibashi declared.
“The Electoral College has gone beyond any rule of the Electoral Code. The Electoral Code has clearly set the institutions that administer the elections. Overruling the institutions is a law violation”, Kume declared.
The first Electoral College decision shows a lack of professionalism for Celibashi, but Kume says that it is politically biased. Both former chairmen agree that this should never repeat. But what happens if the CEC keeps staying blocked for any decision that requires qualified majority?
“The seven CEC members need to have the capacity and awareness to find consensus for some cases. They cannot keep their political convictions. They must make all possible efforts to find consensus. No legal body should think that they will not exert the competences that they have”, Celibashi declared.
“This behaviour is a product of the fact that the political parties agreed on everything about the Electoral Code amends, besides their right to be the main actors in the administration of the elections through their people. This is what is making us face such situations”, Kume added.
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