Albania’s head of state has little constitutional power, but how the next president is elected could say a lot about Albanian democracy.
TIRANA, Jan 12 – Albania’s next head of state is not due to take office for several months, but the debate over how the republic’s next president will be elected has been driving the political debate since the start of the new year.
The debate among constitutionalists and politicians revolves around how parliament will elect the new president. The ruling Democratic Party says the constitution allows it to elect the next president with a simple majority and it intends to elect someone from its ranks that best meets the criteria. The main opposition Socialist Party and its leader Edi Rama say the election should be done by consensus so the best candidate is found.
Albania’s constitution was amended overnight in 2009 with little discussion by the two major political parties, removing a clause that forced parties to cooperate in selecting a new president or go to new elections. Since the changes, it is much easier to elect a president without consensus.
Nomination up to the prime minister
As far as the Democrats are concerned it will likely be Prime Minister Sali Berisha who will decide who becomes the next Albanian president, because he holds absolute power inside the Democratic Party. Mr. Berisha’s repeated talking point has been that the “president will be elected according to the constitution.” And the same exact words have been repeated by every member of the Democratic Party, including Parliamentary Speaker Jozefina Topalli and several government ministers.
“Mr. Rama and I agreed the president would be chosen with 50 plus one votes, which gives the constitution the opportunity function properly, because otherwise the country would have to go to elections,” Mr. Berisha said in a recent press conference.
If early signals from Democratic Party are correct, the ruling party will simply select one of its own leaders to be president. Ms. Topalli and even Mr. Berisha himself are seen as potential candidates, though Mr. Berisha says he won’t run. Former Socialist prime minister Fatos Nano has also declared his candidacy, though he doesn’t appear to have much support among members of parliament.
Berisha has so far declined to name any potential candidates for the post of president. “Any Democratic leader has the qualities to be prime minister and president. But I have no one in mind at this time, since we have six months to decide,” Berisha said at a press conference in late December 2011.
Socialists will try to disrupt a candidate without consensus
But the Democrats’ plans will likely meet with opposition disruption in parliament, where Socialist MPs can simply refuse to vote, a disruptive tactic the Albanian opposition has been using over and over in the past few years to block laws it doesn’t like and that require two-thirds quorum. Constitutionalists have been publicly debating if a 84 vote quorum is needed for the presidential election. And some opposition supporters say they should ask the country’s Constitutional Court to rule on this point since the wording in the constitution is not specific. A similar case was discussed by Kosovo’s constitutional court, which noted a quorum was needed.
However, at least for now, the Socialists say they hope it won’t come to that point if the government agrees on a consensus candidate. Socialist member of parliament Damian Gjiknuri told Top Channel television the Socialists want to find a person with the right image. “For us, debating sending this issue to court is still too early. It’s important to sit down and talk about finding the name first,” he said. “The head of state is figure of unity that should be elected beyond a simple majority. If we interpret the constitution … the fact that it provides for three rounds of voting by a qualified majority indicates that the constitution has given consent (for the need for quorum). Otherwise why have these three rounds.”
No consensus in zero sum game of Albanian politics
The international community has called for the president to be elected by consensus. Top diplomatic representatives ranging from the EU presidency holder Danmark to the OSCE presence have asked the Albanian parties to come up with a consensus in electing the new head of state.
German ambassador to Tirana Carola Holtkemper summed up the mood on Jan. 12 speaking to the local media. “The president should be elected based on the set rules. Albania has a constitution that clearly establishes the way the president is chosen. But we support a consensus between the parties for finding someone that has the special qualities of a president,” she told the local media.
OSCE’s Ambassador Eugen Wollfarth said consensus is the key to further European progress for the country.
“What is very important to pave the way towards European integration is consensus, talking to each other,” he said, adding that electing ombudsman by consensus shows that “consensus is not only possible, but that with consensus Albania makes headway ŠI hope that a similar consensus – maybe not that spectacularly high – but a similar consensus will be found, once a candidate or a couple of candidates are being found for president,” he said.
Danish Ambassador Karsten Ankj粠Jensen also made it clear in a long interview to the newly-published magazine Java last week that electing the new president based on international democratic standards will be key to Albania’s progress toward EU membership.
On the other side, current President Bamir Topi has made it clear that he will not run again for the post as he does not have the support of the Democrats anymore. His supporters, including many of the governing Democratic lawmakers or ex-lawmakers have openly said they will create a new center-right party, and Topi will be the leader after he ends his mandate in July.
Before the changes to the constitution, the country’s president had been consensual. The opposition Socialists agreed on Mr. Berisha’s proposal of former president Alfred Moisiu, and he was elected in 2002 when the Socialists where in power. But Mr. Berisha turned against Mr. Moisiu for not following the Democratic Party line. The story was repeated with President Topi, who was a Democrat and not a consensual candidate, but also decided he did not want to follow Mr. Berisha’s specific political line and essentially banished.
Independent political analysts point out the Democrats and Socialists are both at fault for changing the constitution. These amendments to the constitution were an egregious case of playing a zero sum game that has been a dominant feature of Albanian politics in the last two decades, they add.
The opposition gave consent for the constitutional changes on how the president is selected thinking it would win the 2009 elections. Analysts note if the constitution would mandate that the president be selected by four-fifths majority, then consensus between the majority and the opposition would be mandatory, providing more checks and balances. The fact that the president can now be selected only by a majority vote means there is a risk the nominated candidate might lack the stature, forward vision and unifying feeling the post of head of state demands.
