Parliamentary seat decision

Kristaq Kume and Clirim Gjata declared for Top Channel that the electoral law obliges the Parliament to take this decision, but the two former CEC chairmen are divided on the fact if the Parliament has the competences to calculate mandates or not.

“The Parliament cannot decide for processes that need calculations. At most, the Parliament can amend what has been decided earlier, and leave in effect the decision of 2009. You cannot ask the Parliament to do this”, Kume declared.

“Until March 5th or 7th, the Parliament must pass the decision for the Parliamentary seat distribution, and they cannot depend from CEC. As for the question if the Parliament can decide if the configuration of 2009 should stay in effect or not, the Parliament is obliged to implement article 75, which is the respective formula. CEC tried that and was unable to receive the necessary votes. The Parliament will do this”, Gjata declared.

For the two former CEC chairmen, if the Parliament leaves in effect the decision of 2009, they can appeal it in court, but before the elections are held. Gjata excluded the chances of appealing after June 23rd, while Kume declared that if it will be left after the elections, it will be a very dangerous political game.

“The Administrative Act could be attacked as anti constitutional if it doesn’t finish its purpose. If the elections are over, it will have no value. You cannot object after the elections, when you have accepted the rules. The realization of the election date shows that the act has reached its goal. You cannot expect the court to return anything back, after you accept the rules. Maybe one day after the seats are distributed”, Gjata declared.

“If we will have such complaints after the elections, it will be just one new way for the loser to justify the loss, not because they care about the constitutionality and vote equality. It will happen only after the Parliament decides, and we will wait for the Constitutional Court to express itself. Failing to implement the law? Yes, there is such a case; because the law says that it should be realized, keeping in mind the demographic movements. We know that the cause of this situation is the failure to take a decision at the Central Election Commission”, Kume declared.

The biggest coalition of the local observers has another opinion. The distribution should have been done by the CEC, and the Parliament cannot replace them. But rather than the procedure, the observing coalition emphasizes the product, the necessity for a new distribution of mandates.

“The only institution that has the competence to distribute mandates is the collegiality and independence of CEC. CEC should have realized it, because we think that the basic Constitutional principle is influenced, such as the vote equality principle. Even if all other standards will be realized, by touching this vote parity you create an insinuation for problems in the future”, declared Gerta Heta.

The Parliament has started the mandates distribution procedures in the same formation of 2009. Although lawmakers are discussing the difficult situation created with this case, they agreed for a new distribution of the parliamentary seats.

Top Channel