The Presidential battle for the constitutionality of elections!
Nga OraNews Përditësimi i fundit 25 Tetor 2020, 14:42
President Ilir Meta launched the next battle against the “Renaissance” Government. This time against the violation of the Constitution with the amendments made to the Electoral Code on October 5, 2020, unilaterally and in flagrant violation of the agreement reached on June 5, 2020 between the “Renaissance” Government (holding on the lap the so-called Parliamentary Opposition) on the one hand and the Outside-Parliamentary Opposition on the other hand.
The amendments of 5 October 2020 were preceded by the amendments to the Constitution by the monist-clowns Assembly on 30 July 2020. The process of amending the Constitution officially began on 15 June 2020, one week before the de jure ending of the natural disaster situation (which de facto continued and still continues), in clear contradiction with Article 177/2 of the Constitution itself which stipulates that "No revision of the Constitution may be undertaken during the time when extraordinary measures are imposed".
The President ascertains the anomaly, argues it, and opposes it. It is enough for the President to win the fourth match against the “Renaissance” Government in the Venice Commission. He has won the three previous battles, clearly, deeply, convincingly. To the shame of this Government, the plight of Albania.
The President clearly states the concrete amendments to the Electoral Code of 5 October 2020 that unilaterally modify the consensual amendments to the Electoral Code of 23 July 2020, the latter based on the consensual agreement of 5 June 2020.
In the analytical document of the President, which argues the non-decree of the amendments to the Electoral Code on October 5, 2020 by the Assembly, are evidenced Articles 67 and 164 of the Electoral Code, articles which, when amended by consensus on July 23, 2020, accepted electoral coalitions where each constituent party had its own list of candidates and that, when changed on October 5, 2020, no longer allow the constituent parties of a coalition to have a separate list but necessarily a joint list otherwise, to compete on their own.
Anyone who repeats the “renaissance” refrain that neither July 30, 2020 of the constitutional changes nor October 5, 2020 of the amendments to the Electoral Code does not affect the agreement of June 5, 2020 and its product, the July 23, 2020 amendments to the Electoral Code, should open his/her eyes and read the President's explanatory arguments.
Meanwhile, exactly the “renaissance” propaganda of the opening of the lists, i.e. the so called the open competition between the candidates, the President confronts the absurdities of the amended Electoral Code on October 5, 2020, such as the absurdity that the competing individuals do not even enjoy the right to race nor rights of appeal for the individual result of the race and that these rights are enjoyed and can only be exercised by the respective parties. In other words, the de jure opening of the list in one article is closed de jure by another article, although they are definitely de facto closed.
The President also notes, argues and opposes some other problems of the Electoral Code amended on October 5, 2020 that seriously affect the equality of opportunity of electoral subjects, equality of the weight of the vote and legal certainty.
Small parties are massacred, independent candidates are virtually annihilated while there is a marked inequality in the weight of votes between candidates of coalitions or opposition parties, between those of different parties within a coalition and to candidates within the same party list. Inequality between candidates means at the same time inequality of voters' chances and their vote. The drama queens who have complained incessantly over the years about the alleged inequalities of the old code should pluck their hair and tear their cheeks with the changes of October 5, 2020. To their shame they are not even saying a word.
For these and many other issues, for which it is worth reading the full material, the President finds and argues that the changes made to the Electoral Code on October 5, 2020 are in violation with the Constitution, even after its changes, unilaterally, on July 30, 2020.
Albania without a Constitutional Court is like a church without bells. Therefore, the President has already submitted everything he would have submitted to our Constitutional Court to the well-known Venice Commission, where for the bells that toll there are always ears that hear and where they are never left without bells.
