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- Shqip
Constitutional Court of Albania is examining the application lodged by the Association of Municipalities of Albania concerning “1. On the unconstitutionality of the electability/election process held on June 30, 2019 for the election of local government bodies, mayors and municipal councilors, and subsequently finding as unconstitutional the election of members of these bodies. 2. Assessment of constitutionality of the activity of Democratic Conviction Party (Partia Bindja Demokratike) with respect to its registration with the court and the elections of June 30, 2019”.
On the court hearing of June 23, 2021, Constitutional Court, after having heard the applicant’s and the interested parties’ submissions, on the basis of article 44/b of the law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, decides to stay the examination of this case and to request an amicus curiae opinion to the Venice Commission regarding the standards and principles that should be taken into consideration in the present case.
The Court, after evaluating the questions proposed by the parties, has deemed as necessary to submit for consideration the following questions, which would clarify the main aspects of this judgement:
Question no. 1 Shall article 131, point 1, letter “e” of the Constitution be interpreted as the Constitutional Court having jurisdiction to decide on the constitutionality of the election process?
Question no. 2 Given that the principles of periodicity of local elections and political pluralism are provided as fundamental constitutional principles, what would be the interrelation between them in a situation where there is risk of violation of each of these principles? Which one would prevail over the other?
Question no. 3 In a situation of legal uncertainty climate, did the actions of public authorities and political parties violate the voters’ right to have meaningful choice? Should they have ensured the voters’ highest interest?
Through the letter of 09.07.2021, no.291 prot., the Court has been addressed to the Venice Commission with the kind request to provide an amicus curiae opinion. The full copy of this request has been made available to the parties in process, and can also be found in the following link both in Albanian and English languages.
