{"id":575,"date":"2020-10-27T21:21:09","date_gmt":"2020-10-27T20:21:09","guid":{"rendered":"https:\/\/kriik.al\/home\/?p=575"},"modified":"2020-12-22T19:42:08","modified_gmt":"2020-12-22T18:42:08","slug":"the-socialist-party-as-the-governing-force-with-unlimited-power-should-take-and-exercise-full-responsibility-in-securing-the-democratic-future-of-the-country-by-withdrawing-and-awaiting-the-urgent","status":"publish","type":"post","link":"https:\/\/kriik.al\/home\/en\/2020\/10\/27\/the-socialist-party-as-the-governing-force-with-unlimited-power-should-take-and-exercise-full-responsibility-in-securing-the-democratic-future-of-the-country-by-withdrawing-and-awaiting-the-urgent\/","title":{"rendered":"The Socialist Party as the governing force with unlimited power, should take and exercise full responsibility in securing the democratic future of the country, by withdrawing and awaiting the urgent Opinion of the Venice Commission regarding the unilateral legal amendments on the elections"},"content":{"rendered":"\n

S T A T E M E N T *<\/strong><\/h3>\n\n\n\n

The\npolitical agreements of 14 January and 5 June 2020 between the political actors[1]<\/a>\nrepresentative of the people\u2019s will as mandated by the 2017 parliamentary\nelection process, received the congratulations and support of national actors\nand foreign partners, although they had manifested an extra-institutional,\nnon-transparent and non-comprehensive behavior that did not fully address the\nproper issues.  <\/p>\n\n\n\n

Therefore, all the dimensions of a\nreform process of a democratic and institutional reality became null as regards\nthe major goal that concerned the acceptance of the next election process by\nall parties, as well as restoring the parliamentary life to democratic\nnormality. <\/strong><\/p>\n\n\n\n

Before the amendments to the Electoral\nCode according to the Agreement of the Political Council of 5 June 2020 were\napproved, the legislative process, under the lead of the socialist majority,\ntook a second sudden amending course in violation of the law, as the KRIIK has\npreviously stated in the Document[2]<\/a>\npublished on 17 July 2020.<\/p>\n\n\n\n

The socialist majority and the\nparliamentary opposition in the Albanian Parliament approved a constitutional\namendment on electoral issues, contrary to the will expressed in the agreement\nof June 5th<\/sup> and without ensuring that this would be accepted by the\nextra-parliamentary opposition. <\/p>\n\n\n\n

The constitutional amendment approved on\nJuly 30, 2020[3]<\/a>\nwas subsequently followed by another package of amendments to the Electoral\nCode, once again without the consent of the extra-parliamentary opposition. <\/p>\n\n\n\n

The amendment package, which was\nfundamentally different to and deviated from the expressed rationale behind it,\nas publicly expressed by the socialist majority, during the unilateral\nundertaking of constitutional amendments, was approved on 5 October 2020 by the\nAssembly of Albania[4]<\/a>. <\/p>\n\n\n\n

This second amendment to the\nElectoral Code was returned for review to the Assembly of Albania by Decree of\nthe President of the Republic dated October 23rd<\/sup>, 2020, with an\nextensive reasoning where,[5]<\/a>\ninter alia, the majority was requested to \u201creflect by reviewing its stance on\nthese new rules, and to await the final opinion of the Venice Commission, while\ncalling for a comprehensive dialogue through the Political Council\u201d. <\/p>\n\n\n\n

As disclosed, on 21 October 2020, the\nPresident of the Republic of Albania addressed the Venice Commission[6]<\/a>\nat the Council of Europe for an urgent opinion about the unilateral and\naccelerated amendments to the Constitution and the Electoral Code.<\/p>\n\n\n\n

The Coalition for Reforms, Integration and\nConsolidated Institutions (KRIIK) <\/strong>has consistently called on key political\nactors to exercise maturity in undertaking the reform of the new electoral\nlegal framework.  <\/p>\n\n\n\n

Although it has expressed and holds\nnumerous reservations about the reform process of the electoral legal\nframework, with the aim of achieving the re-stabilization of the parliamentary\nlife in the country, KRIIK has strongly encouraged political actors to hold\ncomprehensive dialogue for reaching an agreement that would precede an\nelectoral process accepted by the candidates. \n<\/strong><\/p>\n\n\n\n

KRIIK expresses its concern that, as the\nelection period has already commenced, and the country has to cope with a\nserious public health situation and with a newly established Central Election\nCommission, legislative amendments on essential electoral issues without\npolitical consent are fatal to the normal democratic and political progress of\nthe country.<\/strong><\/p>\n\n\n\n

KRIIK finds the opportunity of the\namendment package being returned to the Assembly to call on political actors\nto dialogue and come to an agreement as soon as possible for the conclusion of\nthe reform process. <\/strong>Moreover, this agreement is necessary to continue in\nthe pursuit and assistance of the newly established CEC to face the significant\nchallenges that have been assigned to it by the legislator. Among other things,\nthe timing and context of the public health emergency are increasingly\naggravating the progress of the preparation for the elections of 25 April 2021.<\/p>\n\n\n\n

The lack of a Constitutional Court as an\nessential mechanism for observing the citizens\u2019 freedoms and rights, as well as\nother constitutional guarantees, further dictates the failure to undertake an\namendment process for the Electoral Code without political consent<\/strong>. Such a\nprocess is critical to increasing dangerous precedents for the democratic\nfuture of the country <\/strong>more than to the fate of subsequent elections. <\/p>\n\n\n\n

Subsequent majorities can perpetuate the\nreoccurrence of this precedent by legitimizing the undertaking of strictly\none-sided and consequently anti-democratic electoral reforms. Particularly in\npre-democratic realities, such behavior is another step back in the\nstate-building tradition, by undoing the previous standard of closed bipartisan\nagreements with narrow interests. <\/p>\n\n\n\n

Political stakeholders, in particular the\nSocialist Party as the governing force with unlimited power, must take full\nresponsibility for the democratic future of the country by providing all the\nnecessary guarantees for all actors <\/strong>who want to participate in the\nelections. <\/p>\n\n\n\n

The nearly 30-year-old practice of\nsuffering consequences due to the rejection of the election results by\ncandidate parties must come to an end. <\/p>\n\n\n\n

The maturity and foresight of the Albanian\npolitical class, <\/strong>in\njustification of and pursuant to the democratic commitments undertaken by\nAlbania as a NATO member country, a candidate for European Union membership\nand, currently, as the Chair of the Organization for Security and Cooperation\nin Europe (OSCE), must promptly ensure the resolution of this redundant\npolitical stalemate through an ongoing dialogue roundtable <\/strong>to the benefit\nof the country and the Albanian people, by acknowledging the unequivocal\nimplementation of constitutional aspirations and the improvement of the whole\nlegal and institutional behavior, which, in the absence of a national\nconstitutional guarantor, accepts the verdict of third-party international\nactors with power, expertise and experience, such as the Venice Commission<\/strong>.\n<\/p>\n\n\n\n

KRIIK regrets that this mechanism was not\npreviously invested in by the respective actors, as KRIIK called for in July\nduring the start of the political clashes regarding the unilateral\nconstitutional amendments. However, even now, in the short timeframe of\npreparing for the next elections, it is of the opinion that the timeframe until\nthe urgent receipt of the Opinion and the topic sent for interpretation do not\nbring any serious, direct and irreversible complications in the preparatory\nprogress of the initiated electoral process. All this takes place in view of\nthe current context and to avoid an even more problematic situation that may\nemerge during or after the next elections. <\/p>\n\n\n\n

In this regard, it is necessary that the Socialist\nMajority withdraws and immediately suspends today\u2019s review of the President\u2019s\ndecree in the Parliament[7]<\/strong><\/a>,\nthus exhibiting leadership, responsibility and political foresight, <\/strong>as it\nhas before regarding issues that have been addressed to the Venice Commission.<\/p>\n\n\n\n

On the other hand, in the opinion of\nKRIIK, political stakeholders can and should immediately hold a political\nroundtable in order to agree on their positions <\/strong>in line with the best\ninternational practices and standards, without waiting for the official\npublication of the Opinion by the Venice Commission.<\/p>\n\n\n\n

In conclusion, it is brought to the\nattention of political actors that the Electoral Code amendments of October 5th<\/sup>,\naccording to KRIIK, essentially affect the direct reflection of the citizens\u2019\nvote in the elected representative mandate, <\/strong>thus going against certain good\npractices established by the Venice Commission.<\/p>\n\n\n\n

Without elaborating on a thorough analysis\nof all the amendments, KRIIK brings to attention the major concern as stated\nfrom the beginning on the impossibility of opening the political system by\nthe current establishment. <\/strong><\/p>\n\n\n\n

The legal amendments, although inspired by\nthe aspiration to increase the ability of citizens to choose their preferred\ncandidates, have resulted in a freedom of choice limited only to the electoral\n\u201cbaskets\u201d of candidates pre-defined by the party leadership, making it\nimpossible to elect new candidates or new political alternatives beyond the\nestablishment forces. <\/strong><\/p>\n\n\n\n

Particularly alarming is the\nindependent candidates’ from civil society and whom the voters support\ninability to run.  <\/strong>In an unprincipled and\nunconstitutional approach, regardless of their result in the electoral zone\nthey run in, such candidates must pass the threshold of 1% of nationwide votes\nin order to account whether or not they are eligible to obtain the mandate.<\/p>\n\n\n\n

It is also emphasized that the mechanism\nof financial control and transparency is not designed for the situation brought\nabout <\/strong>by the recent changes, further adding to the current problems. The\nproposed candidacy formula is expected to further promote the competition\nbetween and within political parties, thus increasing the electoral financial\nactivity, which due to the amendments made, remains entirely uncontrolled\nand non-transparent, despite previous minimal levels of control and\ntransparency.<\/strong><\/p>\n\n\n\n

Tirana, \n27 October 2020!<\/em><\/strong><\/p>\n\n\n\n

*This\nStatement is published in Albanian and in English.<\/em><\/strong><\/p>\n\n\n\n

The <\/em><\/strong>Albanian version<\/em><\/strong><\/a> is the only official document.<\/em><\/strong>
<\/p>\n\n\n\n

\n\n\n\n

[1]<\/a> These\nagreements were drafted and signed by representatives of: -the socialist\nmajority; – extra-parliamentary opposition and \u2013 parliamentary opposition, in\nthe presence of prominent international actors. <\/p>\n\n\n\n

[2]<\/a> KRIIK, Public\nStatement<\/a> \u201cThe\nannulment of the Political Agreement and the unilateral amendment of the\nConstitution, a very dangerous precedent for the democratic future of the\ncountry\u201d, <\/em>published on 17.07.2020.<\/p>\n\n\n\n

[3]<\/a>\nLaw\nNo. 115\/2020 dated 30.07.2020<\/a> “On some amendments to Law No. 8417, dated 21.10.1998\n“Constitution of the Republic of Albania” as amended”<\/em>.<\/p>\n\n\n\n

[4]<\/a>\nLaw\nNo. 118\/2020<\/a> \u201cOn some\naddenda and amendments to Law No. 10019, dated 29.12.2008, \u201cElectoral Code of\nthe Republic of Albania\u201d, as amended\u201d.<\/em><\/p>\n\n\n\n

[5]<\/a>\n\u201cReasoning\nfor the return of Law No. 118-2020\u201d<\/a>, presented in the content of Decree\nNo. 11797, dated 22.10.2020<\/a>, \u201cOn the return of Law No. 118\/2020 \u201cOn some\naddenda and amendments to Law No. 10019, dated 29.12.2008, \u201cElectoral Code of\nthe Republic of Albania\u201d, as amended\u201d.<\/em><\/p>\n\n\n\n

[6]<\/a>\nLetter\nof the President of the Republic, with Protocol No. 3620, dated 21.10.2020<\/a>, addressed\nto the President of the Venice Commission Mr. \nGianni Buquicchio with the subject \u201cRequesting an Urgent Opinion\nabout the process of the unilateral and accelerated amendment of the\nConstitution and Electoral Code of the Republic of Albania\u201d. <\/em><\/p>\n\n\n\n

[7]<\/a> Committee\non Legal Affairs, Public Administration and Human Rights, Meeting of\n27 October 2020, Time: 12:00<\/a>. On the agenda:<\/p>\n\n\n\n

  1. Reviewing\nthe Decree of the President of the Republic No. 11797, dated 22.10.2020 \u201c\u201cOn\nthe return of Law No. 118\/2020 \u201cOn some addenda and amendments to Law No.\n10019, dated 29.12.2008, \u201cElectoral Code of the Republic of Albania\u201d, as\namended\u201d.<\/em><\/li><\/ol>\n\n\n\n

    The Statement in pdf format can be downloaded HERE<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

    S T A T E M E N T * The political agreements of 14 January and 5 June 2020 between the political actors[1] representative of the people\u2019s will as mandated by the 2017 parliamentary election process, received the congratulations and support of national actors and foreign partners, although they had manifested an extra-institutional, non-transparent…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[31],"tags":[],"class_list":["post-575","post","type-post","status-publish","format-standard","hentry","category-statements"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/posts\/575","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/comments?post=575"}],"version-history":[{"count":1,"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/posts\/575\/revisions"}],"predecessor-version":[{"id":577,"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/posts\/575\/revisions\/577"}],"wp:attachment":[{"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/media?parent=575"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/categories?post=575"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kriik.al\/home\/wp-json\/wp\/v2\/tags?post=575"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}