TIRANA, Nov. 2 – Albania’s Constitutional Court held Tuesday a session to hear arguments in a case that tests the validity of the June 30, 2019 administrative elections, which were boycotted by the opposition and resulted in many single-candidate races.
The hearing comes after the publication two weeks ago of an expert opinion of the Venice Commission, which noted that the Albanian Constitutional Court has no jurisdiction to review the validity of Albania’s last local elections.
Albania’s Constitutional Court had sought the assistance of the Venice Commission and historically Albanian judges have followed the recommendations of the Council of Europe expert body, although they are not under legal obligation to do so.
However, the Association of Municipalities represented by the mayor of Shkodra, Voltana Ademi, and lawyer Jordan Daci, maintained their position in the hearing that the court must declare the elections invalid.
“The conclusions of the Venice Commission are contradictory and are not based on the theory of constitutional law,” Daci told the media after the hearing, adding that “the Albanian Constitutional Court must offer a judgement beyond the conclusions of the Venice Commission.”
The June 30, 2019 elections created an unprecedented situation due to an opposition boycott and President Ilir Meta canceling the elections and setting another date.
Electoral authorities and the Albanian government, backed by the international community held the elections on the set date, resulting in the ruling Socialist Party winning all but one of the country’s 61 municipal mayoral seats. The elections also saw the lowest voter turnout ever in Albania.
“Albanian citizens have the right and responsibility to have elections according to local rules,” Ademi said.
However, in a previous recent opinion, the Venice Commission noted that “the electoral boycott by political parties, even if they represent a significant part of the electorate, can not prevent regular elections.”
The Venice Commission, a Council of Europe body to which Albanian authorities often reach out for independent expert opinions, has issued two recommendations on the matter, both supporting the Socialist Party government stance that the elections were properly held.
The opinions essentially closed any legal avenue for voiding the last local elections and holding new ones ahead of time. But they are not binding.
The Constitutional Court now has 30 days to rule. It can either follow the Venice Commission’s recommendations, which is a scenario that fits with previous cases, or void the elections, sending Albanians to the polls early to elect new mayors.
