CEC statement on actions of some Municipality Mayors
The Central Election Commission, based on the Constitution of the Republic of Albania, the Electoral Code provisions, the principles and definitions in the legal framework, which regulates the activity of administrative bodies, pursuant to its mission, tasks and responsibilities, continues its work for the administration of June 30, 2019 elections.
Several mayors, through letters addressed to the CEAZs, have requested that the premises where the Ballot Counting Centers of Election Zone Administrations, established by the CEC decisions, are immediatly emptied, as well as the stopping of any further action related to posting of the voters lists in institutions of pre-school and pre-university education level ( creches, kindergardens, schools), administrated and owned by these municipalities
The Central Election Commission considers these requests as exceeding of the powers, rights and duties, recognised by Law 139/2015 “On Local Self-Government”.
Following the statement issued on June 14, 2019, the CEC reiterates the request to reflect and avoid actions that hinder the administration of the election process of June 30, 2019, actions that infringe on the competences and the right of the CEC and CEAZs, part of its administration, in exercising public administrative functions, based on the Electoral Code and the legislation in force in the Republic of Albania.
– The Parliament of Albania through Resolution, dated 10.06.2018:
– states its support for the Central Election Commission’s stand, in continuing the elections process by encouraging the CEC to defend its integrity and guarantee the continuation of local government elections process of June 30, 2019, pursuant to President’s decree no. 10 928, dated 5.11.2018 “On setting the date of local government elections”;
– Calls on all public bodies, responsible by law, for running and organizing local elections of 30 June 2019, to consider as null and void the Act of the President dated 10.06.2019 which annuls the Decree no. 10928, dated 5.11.2019, and continue to fulfill their tasks based on the relevant legislation, in order to guarantee the constitutional right of Albanian citizens to elect their representatives in the local government.
All the claims and actions which are not provided as a competence of the local government, based on the law no.139/2015 and which in essence, constitute a violation of the Electoral Code of the Republic of Albania and its general principles provided in article 3, of the law – are considered by the CEC a breach of the institutional activity, juridical relations established by law, non performance of their taks, which leads to serious consequences on voters’ interest and the conduct of June 30, 2019 elections process. The CEC will address the competent bodies to guarantee the enforcement of the law.
We also would like to remind , that such actions constitute a penal offence based on article 248, “Abuse of duty”, article 325 “Obstruction of electoral subjects” and 326/a “Deliberate damaging of the election material” of the Electoral Code of the Republic of Albania. The penalty for these offences is a ground for non-eligibility for election/appointment in public office, based on the law no.138/2015 “On guaranteeing the integrity of the people who are elected, appointed or who exercise public functions” (decriminalisation).
By requesting non-interference with the issues which are a competence of the Central Elections Commission, we express our confidence on the commitment to fulfil the mission for the local self governance, in order ensure an efficient and effective governance, close to the citizens’ needs, by respecting the fundamental rights and freedoms of the citizens, sanctioned in the Constitution and other laws.