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Albania

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
a. Yes

Comments: 1. For purposes of elections to the Assembly, the territory of the Republic is divided into 100 single-member electoral zones. 2. The boundaries of the electoral zones may not be changed during the last six months of the mandate of the Assembly.
Source: Electoral Code, article 69.
Last updated: 2008-05-09 11:19:48 UTC

BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
b. Respecting natural barriers
c. Compactness of constituencies
f. Communities of interest/cultural concerns

Comments: The division of electoral zones is made on the basis of the following criteria: 1. The number of the voters who have taken part in voting in each electoral unit in the most recent elections prior to the meeting of the Commission. No electoral zone is permitted to have greater or smaller deviation than 5 percent from the average number of the voters at a national level, except for cases required to implement section 7 of this article. The average number is calculated by dividing the total number of the voters who have participated in the elections by the number of electoral zones, of which there are 100. 2. The continuity of the electoral zone. No election zone is permitted to have discontinuity or intersection with other electoral zones. 3. The compactness of the electoral zone. No electoral zone is permitted to be interrupted by geographic barriers, or divisions which are due to demographic or historical development. 4. Economic links and common traditional interests. 5. Boundaries of regions. 6. Good communication possibilities within the electoral zone. 7. Indivisibility of the commune. When the number of the voters in a municipality is within the range of plus or minus 5 percent of the average number, this municipality should constitute an electoral zone.
Source: Electoral Code, articles 3 and 73.
Last updated: 2008-05-09 11:19:48 UTC

BD05 The body responsible for drawing the boundaries is:
a. Legislature (specify chamber)
c. Boundary Commission

Comments: 1. Electoral zone boundaries are established by a law of the Assembly in accordance with the recommendations of the Electoral Zone Boundary Commission. 2. An Electoral Zone Boundary Commission (the Commission) meets every five years, beginning on December 1, 2003, for the purpose of reviewing the electoral zone boundaries in accordance with the criteria set forth in this Code.
Source: Election Code, article 70.
Last updated: 2008-05-09 11:19:48 UTC

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Attila Vincze
b. Job Title: reserchear
c. Organisation: ACEEEO
d. Contact Address. Budapest, V. Alkotmány street 25. Hungary Postal Address: Budapest, P.O. BOX: 81. 1450 Hungary
e. Telephone: + 36 1 354 02 65
g. Email: Attila.Vincze@gmx.net

Last updated: 2005-03-17 16:32:14 UTC

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:
b. Optional referendum
c. Citizens' initiative
d. Agenda initiative

Source: Artt. 81, 150 et seq. Constitution Art. 118 et seq. LAW No. 9087 dated 19 June 2003 on THE ELECTORAL CODE OF THE REPUBLIC OF ALBANIA (Hereinafter Electoral Code)
Last updated: 2006-11-02 13:23:02 UTC

DD03 What is the legal basis for mandatory referendums at the national level?
e. Not applicable

Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Last updated: 2005-03-17 16:39:52 UTC

DD04 What is the legal basis for optional referendums at the national level?
a. Constitutional
b. Specific laws/legislation

Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Last updated: 2005-03-17 16:41:29 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?
a. Constitutional
b. Specific laws/legislation

Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Last updated: 2005-03-17 16:42:05 UTC

DD06 What is the legal basis for agenda initiatives at the national level?
a. Constitutional

Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Last updated: 2005-03-17 16:47:56 UTC

DD07 What is the legal basis for recalls at the national level?
a. Constitutional
e. Not applicable

Comments: No recall is possible.
Source: Albanian Constitution, Electoral Code.
Last updated: 2005-03-17 16:47:41 UTC

DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Last updated: 2005-03-17 16:44:02 UTC

DD09 What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional
b. Specific laws/legislation

Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Last updated: 2005-03-17 16:45:15 UTC

DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional
b. Specific laws/legislation

Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Last updated: 2005-03-17 16:45:46 UTC

DD100 What restrictions, if any, are there in relation to signature collection for an agenda initiative?
b. Ban on payment per signature

Last updated: 2005-03-21 13:26:32 UTC

DD101 What restrictions, if any, are there in relation to signature collection for a recall?
f. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 13:31:47 UTC

DD102 What form of checks are undertaken to verify signatures for a referendum?
c. Other (specify)

Comments: The CEC verifies signatures and validity of voters’ identification documents in accordance with sub-statutory acts issued by it. This act has not yet been accepted.
Source: Art 128 Eelctoral Code, www.cec.org.al
Last updated: 2006-11-02 13:23:02 UTC

DD103 What form of checks are undertaken to verify signatures for a citizens' initiative?
c. Other (specify)

Comments: The CEC verifies signatures and validity of voters’ identification documents in accordance with sub-statutory acts issued by it. This act has not yet been accepted.
Source: Atr 128 electoral Code, www.cec.org.al
Last updated: 2006-11-02 13:23:02 UTC

DD104 What form of checks are undertaken to verify signatures for a recall?
d. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 13:40:07 UTC

DD105 Who is responsible for checking the signatures?
a. Agency/department responsible for the administration of direct democracy mechanisms

Comments: Central Electoral Commission
Source: Art 128 Electoral Code
Last updated: 2005-03-21 13:41:12 UTC

DD106 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
a. Agency/department responsible for the administration of direct democracy mechanisms

Source: art 138 Electoral Code
Last updated: 2005-03-21 13:42:49 UTC

DD107 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
a. Agency/department responsible for the administration of direct democracy mechanisms

Source: Art 138 Electoral code
Last updated: 2005-03-21 13:43:46 UTC

DD108 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
g. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 13:44:06 UTC

DD109 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
a. Information booklets
b. Leaflets and pamphlets
c. Radio broadcasts
d. TV broadcasts
f. Website

Comments: The CEC uses this forms of voter education. There were not any refernda until now, therefore there is no practice concerning voter education reagrding referenda.
Source: www.cec.org.al
Last updated: 2005-03-21 13:50:16 UTC

DD11 What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional

Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Last updated: 2005-03-17 16:46:10 UTC

DD110 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
a. Information booklets
b. Leaflets and pamphlets
c. Radio broadcasts
d. TV broadcasts
f. Website

Comments: The CEC uses this forms of voter education. There is no practice concerning initiatives.
Source: www.cec.org.al
Last updated: 2005-03-21 13:51:09 UTC

DD111 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
i. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 13:52:11 UTC

DD112 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
d. Restrictions on the sources of contributions
e. Disclosure requirements
f. Other (please specify)

Comments: Concerning campoaiging for or against a referenda there is only one rule in the Electoral Code: During general referendum campaigns, Public Radio and Television put an equal number of minutes at the disposal of the political parties supporting either one of the alternatives, in an amount not to exceed three hours in total. Otherwise the general rules are to apply.
Source: Art 136, 145 Electoral Code
Last updated: 2006-11-02 13:23:02 UTC

DD113 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
d. Restrictions on the sources of contributions
e. Disclosure requirements
f. Other (please specify)

Comments: Concerning campaiging for or against an initiative the rule about campaigning for or against a referendum may be applied: During general referendum campaigns, Public Radio and Television put an equal number of minutes at the disposal of the political parties supporting either one of the alternatives, in an amount not to exceed three hours in total. Otherwise the general rules of party financing are to apply.
Source: Art 136, 145 Electoral Code
Last updated: 2006-11-02 13:23:02 UTC

DD114 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
h. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 14:10:49 UTC

DD115 What is the period during which these controls apply for a referendum?
a. Fixed time period (specify)

Comments: for campaign period, 30 days before voting
Source: Art 133 et seq. ELectoral Code
Last updated: 2005-03-21 14:18:01 UTC

DD116 What is the period during which these controls apply for an initiative?
a. Fixed time period (specify)

Comments: for campaign period, 30 days before voting
Source: Art 133 electoral code
Last updated: 2005-03-21 14:20:24 UTC

DD117 What is the period during which these controls apply for a recall?
c. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 14:21:52 UTC

DD118 Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the “Comments” section below.
c. All campaign organisations

Comments: During general referendum campaigns, Public Radio and Television put an equal number of minutes at the disposal of the political parties supporting either one of the alternatives, in an amount not to exceed three hours in total.
Source: Art 136Electoral code
Last updated: 2006-11-02 13:23:02 UTC

DD119 Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the “Comments” section below.
c. All campaign organisations

Comments: : During general referendum campaigns, Public Radio and Television put an equal number of minutes at the disposal of the political parties supporting either one of the alternatives, in an amount not to exceed three hours in total.
Source: Art 136 Electoral Code
Last updated: 2006-11-02 13:23:02 UTC

DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Comments: No recall is possible.
Source: electpral code Constitution
Last updated: 2006-11-02 13:23:02 UTC

DD120 Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the “Comments” section below.
f. Not applicable

Comments: see D1.1.
Last updated: 2005-03-21 14:27:31 UTC

DD121 Which forms of public assistance, if any, are provided for a referendum? Specify in the “Comments” section below.
b. Free media access

Comments: : During general referendum campaigns, Public Radio and Television put an equal number of minutes at the disposal of the political parties supporting either one of the alternatives, in an amount not to exceed three hours in total.
Source: Art 136 Electoral Code
Last updated: 2006-11-02 13:23:02 UTC

DD122 Which forms of public assistance, if any, are provided for an initiative? Specify in the “Comments” section below.
b. Free media access

Comments: : During general referendum campaigns, Public Radio and Television put an equal number of minutes at the disposal of the political parties supporting either one of the alternatives, in an amount not to exceed three hours in total.
Source: Art 136 Electoral Code
Last updated: 2006-11-02 13:23:02 UTC

DD123 Which forms of public assistance, if any, are provided for a recall? Specify in the “Comments” section below.
g. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 14:30:32 UTC

DD124 If free media access is provided, what are the criteria for allocating broadcast time / printing space?
a. equality

Comments: : During general referendum campaigns, Public Radio and Television put an equal number of minutes at the disposal of the political parties supporting either one of the alternatives, in an amount not to exceed three hours in total.
Source: Art 136 Electoral code
Last updated: 2006-11-02 13:23:02 UTC

DD125 Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
a. Yes
b. No

Comments: not governed by law, the governing party is entitled to take pert in the opinion forming process
Source: Art 136 electoral code
Last updated: 2005-03-21 14:40:25 UTC

DD126 What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?

Comments: The results of electoral opinion polls may not be made public during the last 5 days before election day. The publication of electoral opinion polls shall include the name of the pollster, the sponsor, the sample size, the margin of error, and the time period during which the poll was taken. The conduct of electoral campaigns in de-politicized institutions is prohibited. Propaganda for or against a candidate or other electoral subject by foreigners is prohibited.
Source: Art 133 Electoral code
Last updated: 2006-11-02 13:23:02 UTC

DD127 What restrictions, if any, apply in relation to the individuals who can sign for a recall?
e. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 14:48:14 UTC

DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level? Date (yyyy)
b. Optional referendum 1998
c. Citizens' initiative 1998
d. Agenda initiative 1998

Comments: The direct democracy mechanisms in their actual form were introduced by the Constitution of 1998. However, the constitution of 1994 has been passed via referendum, the legal regulation regarding direct democracy has been changed basically and expansively. Taking into consideration the questionability of passing the law and the Albanian constitutionality and misuse of elections in 1996 and the civil war in 1997 the real the international standards adequate introduction of direct democracy has been passed in 1998.
Source: art 150 et seq. Constitution, to constitutionnel development of Schmidt-Neke: Das politische System Albaniens, in: Ismayr: Die politischen Systeme Osteuropas, 2. ed, Leske + Budrich, Opladen, 2004., pp. 806 et seq.
Last updated: 2005-03-17 16:49:59 UTC

DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
b. Optional referendum 1998
c. Citizens' initiative 1998
d. Agenda initiative 1998

Comments: The direct democracy mechanisms in their actual form were introduced by the Constitution of 1998. However, the constitution of 1994 has been passed via referendum, the legal regulation regarding direct democracy has been changed basically and expansively. Taking into consideration the questionability of passing the law and the Albanian constitutionality and misuse of elections in 1996 and the civil war in 1997 the real the international standards adequate introduction of direct democracy has been passed in 1998.
Source: art 150 et seq. Constitution, to constitutionnel development of Schmidt-Neke: Das politische System Albaniens, in: Ismayr: Die politischen Systeme Osteuropas, 2. ed, Leske + Budrich, Opladen, 2004., pp. 806 et seq.
Last updated: 2005-03-17 16:50:53 UTC

DD15 Who is responsible for managing the administration of direct democracy mechanisms at the national level?
b. Independent electoral commission

Comments: Central Election Commission is responsible for referenda.
Source: Art. 153. Constitution
Last updated: 2005-03-17 16:51:40 UTC

DD16 Does this agency/department also manage the administration of national elections?
a. Yes

Source: Art. 153 Constitution
Last updated: 2005-03-17 16:53:04 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-11-02 13:23:02 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-11-02 13:23:02 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-11-02 13:23:02 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-11-02 13:23:02 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-11-02 13:23:02 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Comments: The borders of the municipalities may not be changed without first hearing the opinion of their inhabitants. This requirement is mandatory; however, it has no binding effect.
Source: Art. 108 Constitution.
Last updated: 2005-03-17 16:56:54 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Comments: Self-government in the local units is exercised through their representative organs and local referenda. The principles and procedures for the organization of local referenda are provided by law in accordance with article 151, paragraph 2.
Source: art 108 Constitution
Last updated: 2005-03-17 17:21:23 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Source: Art 132 Electoral Code
Last updated: 2005-03-17 17:31:08 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
b. Yes, in some municipalities/districts/communes

Comments: This quesstion is net regulated either by the constitution or by the electoral code, however the possibiliyt is not excluded.
Source: Constitution
Last updated: 2005-03-17 17:32:32 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
d. Not applicable

Comments: No recall is possible.
Last updated: 2005-03-17 17:33:09 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
k. None

Source: Art. 150 et seq., 177 Constitution
Last updated: 2005-03-17 17:34:28 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
a. Constitutional amendments
i. Other public policy issues

Comments: The Constitution and the electoral code uses the expression “matters/issues of special importance” for those questions which can be objects of a referendum.
Source: Art. 150 et seq., 177, Constitution, Art 118 et seq. Electoral Code.
Last updated: 2005-03-17 17:35:20 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
h. Taxes and public expenditure commitments
i. Other public policy issues
j. Other (specify)

Comments: Issues related to the territorial integrity of the Republic of Albania, the limitation of fundamental human rights and freedoms, the budget, taxes and financial obligations of the state, the imposition or lifting of a state of emergency, a declaration of war or peace, and amnesty cannot be submitted to a referendum.
Source: Art 151. sec. 2 Constitution
Last updated: 2005-03-17 17:36:14 UTC

DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
c. Other public policy issues

Comments: The rules of local referenda are similar to the rules of general/national referenda. That means subjects of local referenda are also similar.
Source: Art. 108 sec. 4 Constitution
Last updated: 2005-03-17 17:37:05 UTC

DD31 Who can initiate a referendum at the national level?
a. Government
d. Legislative majority
e. Registered electors

Comments: The people, through 50,000 citizens entitled to vote, have the right to a referendum for the abrogation of a law, and to request the President of the Republic to call a referendum on issues of special importance. The Assembly, on the proposal of not less than one-fifth of the deputies or on the proposal of the Council of Ministers, can decide that an issue or a draft law of special importance be submitted to referendum. ……… The Assembly may decide, by two-thirds of all its members, that a proposed constitutional amendment shall be voted on in a referendum.
Source: Art. 150, 177 sec. 4 Constitution
Last updated: 2006-11-02 13:23:02 UTC

DD32 Who is responsible for drafting the mandatory referendum question?
g. Not applicable

Comments: There are no mandatory refernda.
Source: Art. 150 et seq., 177 Constitution
Last updated: 2005-03-17 17:44:35 UTC

DD33 Who is responsible for drafting the optional referendum question?
a. Government (specify department)
d. Legislature
e. Registered electors

Comments: The question is not explicitly regulated. However, from the rules follows logically that the drafter is who initiates the referendum.
Source: Art. 150 et seq., 177 Constitution, Art 118 et. Seq. Electoral Code
Last updated: 2005-03-17 17:47:11 UTC

DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
f. Not applicable

Comments: There are no mandatory referenda.
Source: Art. 150 et seq., 177 Constitution
Last updated: 2005-03-17 17:47:55 UTC

DD35 Which of the following, if any, are required to be included in the optional referendum question?
b. The numbers of the articles or paragraphs of the legal intruments to which chnages are proposed
c. An explanatory text
d. The full text of the proposal

Source: Art 121 and 126 Electoral Code
Last updated: 2005-03-17 17:48:45 UTC

DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
f. Not applicable

Comments: There are no mandatory referenda.
Source: Constitution, Electoral Code
Last updated: 2005-03-21 18:51:52 UTC

DD37 Which institution(s) decides on the final form of the ballot text for optional referendums?
a. Government
d. Legislature
e. Other (specify who)

Comments: Initiators – members of the Assembly, the Council of Ministers, citizens- are entitled to finally form the question. In some cases the Constitutional Court preliminary reviews the constitutionality of the issues submitted to referendum.
Source: Art 150 Constitution
Last updated: 2005-03-17 17:54:44 UTC

DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
d. Not applicable X

Comments: there are no mandatory refernda
Last updated: 2005-03-17 17:56:28 UTC

DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
b. Approval quorum One third of all registered voters

Source: Art 118 para 3 Electoral Code
Last updated: 2005-03-17 17:57:05 UTC

DD40 What are the requirements for mandatory referendums to pass?
e. Not applicable

Comments: There are on mandatory refernda.
Source: constituion art 150 et seq. 177
Last updated: 2005-03-17 18:00:09 UTC

DD41 What are the requirements for optional referendums to pass?
a. Simple majority (>50%)

Source: Art 118 para 3 Electoral Code
Last updated: 2005-03-17 18:00:40 UTC

DD42 In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
f. Other

Comments: Referenda and national elections are regulated in the same law, the therefore the same principles govern them, above few modifications respecting the specialties of referenda there are no great differences between the two types of procedures.
Source: Art. 118 et seq. Electoral Code
Last updated: 2005-03-17 18:01:39 UTC

DD43 When is the outcome of a mandatory referendum binding?
d. Not applicable

Comments: There are no mnadatory referendum.
Source: constitution art 150 et seq. 177
Last updated: 2005-03-17 18:02:39 UTC

DD44 When is the outcome of an optional referendum binding?
a. Always

Source: Art 118 et seq. Electoral Code
Last updated: 2005-03-17 18:03:42 UTC

DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
b. Legislative proposals
c. Other (specify)

Comments: “C”: The constitution uses the broad expression “issues of special importance”.
Source: Art 81 and 150 et seq. Constitution Art 118 et seq. Electoral Code
Last updated: 2005-03-17 18:04:44 UTC

DD46 Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
b. Legislative proposals

Source: Art 81 and 150 et seq. Constitution Art 118 et seq. Electoral Code
Last updated: 2005-03-17 18:05:28 UTC

DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
h. Taxes and public expenditure commitments
i. Other public policy issues
j. Other (specify)

Comments: Issues related to the territorial integrity of the Republic of Albania, the limitation of fundamental human rights and freedoms, the budget, taxes and financial obligations of the state, the imposition or lifting of a state of emergency, a declaration of war or peace, and amnesty cannot be submitted to a referendum.
Source: Art 150 para 2. Constitution
Last updated: 2005-03-17 18:06:42 UTC

DD48 Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
h. Taxes and public expenditure commitments
i. Other public policy issues
j. Other (specify)

Comments: Issues related to the territorial integrity of the Republic of Albania, the limitation of fundamental human rights and freedoms, the budget, taxes and financial obligations of the state, the imposition or lifting of a state of emergency, a declaration of war or peace, and amnesty cannot be submitted to a referendum.
Source: Constitution Art 150 para 2
Last updated: 2005-03-17 18:07:31 UTC

DD49 Who may propose the registration of a citizens' initiative? Please specify in the “Comments” section below.
a. A number of individuals

Comments: 50.000
Source: Art 150 and 81 Constitution
Last updated: 2005-03-17 18:08:25 UTC

DD50 Who may propose the registration of an agenda initiative? Please specify in the “Comments” section below.
a. A number of individuals

Comments: 20.000
Source: Art 150 and 81 Constitution
Last updated: 2005-03-17 18:09:00 UTC

DD51 What material is necessary to accompany an application for registration?
a. Proposed title
b. General explanation of purpose
c. Full proposed text
d. Other (specify)

Comments: The initiators have to describe clearly the issue set out, its importance and the position of the initiators in connection with the issue. The issue must be stated in a clear, complete, and unequivocal manner, and expressed in such a form that voters can answer "Yes" or "No."
Source: Art 126 para 5 Electoral Code
Last updated: 2005-03-17 18:11:39 UTC

DD52 Who determines the title of a citizens' initiative?
a. Proponents of the initiative

Source: Art 81 and 150 Constitution, Art 126 Electoral Code
Last updated: 2005-03-17 18:12:22 UTC

DD53 Who determines the title of an agenda initiative?
a. Proponents of the initiative

Source: Art 81 and 150 Constitution, Art 126 Electoral Code
Last updated: 2005-03-17 18:13:24 UTC

DD54 Which, if any, of the following disqualify a proposed title of an initiative?
h. Not applicable

Comments: The law does not specify the disqualification of the initiative in case of irregularities regarding title.
Source: Art 128, 129 Electoral Code
Last updated: 2005-03-17 18:14:11 UTC

DD55 Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
e. None

Comments: This peculiar issue is not regulated by the law.
Last updated: 2005-03-17 18:15:51 UTC

DD56 Under what circumstances is an initiative checked for constitutionality or legality?
a. An automatic check is part of the initiative process

Comments: Automatic check of constitutionality in case of constitutional referendums Art 124 Electoral Code: Within 60 days of receipt of the request, the Constitutional Court examines in advance the constitutionality of holding the constitutional referendum initiated according to section 4 or 5 of article 177 of the Constitution. The check of legality, within the verification of the request,
Source: Art 124 electoral code
Last updated: 2006-11-02 13:23:02 UTC

DD57 If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
b. Independent electoral commission
e. Judiciary

Comments: Constitutionality is checked according to Art 124 Electoral Code by the Constitutional court. According to Art 126 Electoral Code is the Central Electoral Commission responsible for the general check.
Source: Art 124 and 126 Electoral Code
Last updated: 2005-03-17 18:17:51 UTC

DD58 If a check of the constitutionality or legality of an initiative takes place, when does this happen?
a. After its registration, before the collection of signatures
c. After its submission but before the vote on the initiative

Comments: In case of constitutional amendments the check of constitutionality is preliminary, in case of other questions of special importance – general referenda – the check is after the successful collecting of signatures.
Source: Art 124, 129 Electoral Code
Last updated: 2005-03-17 18:19:12 UTC

DD59 Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens’ initiative?
g. Not applicable

Comments: The possibility of an alternative proposal is not regulated by the Electoral Code. More than one referenda are possible on the same day.
Source: Electoral Code, especially Art 120 para 4
Last updated: 2005-03-17 18:23:40 UTC

DD60 At which stage in the initiative process, if at all, can alternative proposals be made?
d. Not at all

Comments: The possibility of an alternative proposal is not regulated by the Electoral Code. More than one referenda are possible on the same day.
Source: Electoral Code, especially Art 120 para 4
Last updated: 2005-03-17 18:24:38 UTC

DD61 What happens when there is a valid alternative proposal?
e. Not applicable

Comments: The possibility of an alternative proposal is not regulated by the Electoral Code. More than one referenda are possible on the same day.
Source: Electoral Code, especially Art 120 para 4
Last updated: 2005-03-17 18:28:40 UTC

DD62 When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
f. Not applicable

Comments: The possibility of an alternative proposal is not regulated by the Electoral Code. More than one referenda are possible on the same day.
Source: Electoral Code, especially Art 120 para 4
Last updated: 2005-03-17 18:29:18 UTC

DD63 Who decides the final ballot text?
a. Proponents of the initiative

Comments: Although the Central Electoral Commission prints the forms of collecting signatures, and in this sense it decides finally about the question. However, as it follows from the wording of the law this is only a formally true, materially decide the initiators
Source: Art 126 et seq. Electoral Code
Last updated: 2005-03-17 18:31:45 UTC

DD64 Once an initiative is qualified for the ballot, the vote on it takes place:
a. Within a certain time limit (specify)

Comments: The President of the Republic sets the date of the referendum within 45 days after the announcement of a positive decision of the Constitutional Court or after the expiration of the period within which the Constitutional Court should have rendered its decision. During the year, referenda can be held on only one day.
Source: Art 152 para 3 Constitution
Last updated: 2005-03-17 18:33:28 UTC

DD65 Which of the following individuals/positions may be subject to the recall mechanism?
k. Not applicable

Comments: No recall is possible.
Source: Constitution and Electoral Code
Last updated: 2005-03-17 18:35:06 UTC

DD66 What are the grounds upon which a recall may be launched?
e. None

Comments: see D.1.1.
Last updated: 2005-03-17 18:35:32 UTC

DD67 What restrictions, if any, are there in relation to the time period in which an individual/position can be recalled?
a. not applicable

Comments: see D.1.1.
Last updated: 2005-03-17 18:36:05 UTC

DD68 If a recall qualifies for the ballot, when is it put to the vote?
d. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-17 18:36:29 UTC

DD69 When does the election to replace an individual who has been recalled take place?
c. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-17 18:37:06 UTC

DD70 If a separate ballot to replace an individual who has been recalled takes place, how soon after the recall ballot is it held?
a. not applicable

Comments: see d.1.1.
Last updated: 2005-03-17 18:42:17 UTC

DD71 Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
c. Not applicable

Comments: see d.1.1.
Last updated: 2005-03-17 18:42:41 UTC

DD72 How many verified signatures are required to start the formal decision-making stage for an abrogative referendum (optional)? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
a. Fixed number 50.000
b. Proportion of the electorate see comment

Comments: Local referenda: Ten percent of the voters registered in the voter list of a municipality, or 20,000 of them,
Source: Art 81, 150 et seq, 177 Constitution, 132 Electoral Code
Last updated: 2005-03-17 18:48:00 UTC

DD73 How many verified signatures are required to start the formal decision-making stage for a rejective referendum (optional)? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
a. Fixed number 2/3 or 1/5 of members of Assembly

Comments: The Assembly may decide, by two-thirds of all its members, that the proposed constitutional amendments be voted on in a referendum. The proposed constitutional amendment becomes effective after ratification by referendum. An approved constitutional amendment is submitted to referendum when one-fifth of the members of the Assembly request it.
Source: Art 81, 150 et seq, 177 Constitution, 132 Electoral Code
Last updated: 2005-03-17 18:56:56 UTC

DD74 How many verified signatures are required to start the formal decision-making stage for a citizens' initiative? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
a. Fixed number 50.000
b. Proportion of the electorate see comment

Comments: Local referenda: Ten percent of the voters registered in the voter list of a municipality, or 20,000 of them, whichever number is smaller.
Source: Art 81, 150 et seq, 177 Constitution, 132 Electoral Code
Last updated: 2006-11-02 13:23:02 UTC

DD75 How many verified signatures are required to start the formal decision-making stage for an agenda initiative? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
a. Fixed number 20.000

Source: Art 81, 150 et seq, 177 Constitution, 132 Electoral Code
Last updated: 2005-03-17 18:58:52 UTC

DD76 What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
b. Other (specify)

Comments: Signatures in support of the request to hold a general referendum are deposited with the CEC during the period from 1 January to 30 November of each year.
Source: Art 127 para 2 Electoral Code
Last updated: 2005-03-21 12:24:59 UTC

DD77 What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
c. Not applicable

Comments: rejective referenda can be initiated in case of amaneding the Constitution
Source: Art 177 para 4 Constitution
Last updated: 2005-03-21 12:38:32 UTC

DD78 What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
b. Other (specify)

Comments: Signatures in support of the request to hold a general referendum are deposited with the CEC during the period from 1 January to 30 November of each year.
Source: Art 127 para 2 Electoral Code
Last updated: 2005-03-21 12:29:25 UTC

DD79 What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
b. Other (specify)

Comments: Not regulated by the law
Source: Art 81 Constitution, Electoral Code
Last updated: 2005-03-21 12:42:01 UTC

DD80 What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
a. Signatories must be registered
b. Signatories must be registered electors in a specific electoral district

Source: Art 150 et seq. Constitution, Art 126, 132 Electoral Code
Last updated: 2005-03-21 12:44:50 UTC

DD81 What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
e. Not applicable

Source: Art 150 et seq. Constitution, Art 126, 132 Electoral Code
Last updated: 2005-03-21 12:46:09 UTC

DD82 What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
a. Signatories must be registered
b. Signatories must be registered electors in a specific electoral district

Source: Art 150 et seq. Constitution, Art 126, 132 Electoral Code
Last updated: 2005-03-21 12:46:38 UTC

DD83 What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
a. Signatories must be registered

Source: Art 150 et seq. Constitution, Art 126, 132 Electoral Code
Last updated: 2005-03-21 12:47:55 UTC

DD84 How many verified signatures are required to start the formal decision-making stage for a recall? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X

Comments: no recall is possible, see D.1.1.
Last updated: 2005-03-21 12:49:10 UTC

DD85 What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
c. Not applicable

Comments: no recall is possible, see D.1.1.
Last updated: 2005-03-21 12:50:21 UTC

DD88 Where can proposals for a rejective referendum (optional) be signed?
g. Not applicable

Last updated: 2005-03-21 12:53:48 UTC

DD89 Where can proposals for a citizens' initiative be signed?
a. Anywhere

Comments: This question is not regulated by the electoral code.
Last updated: 2005-03-21 12:56:31 UTC

DD90 Where can proposals for an agenda initiative be signed?
a. Anywhere

Source: This question is not regulated either by the constitution or by the electoral code.
Last updated: 2005-03-21 12:57:30 UTC

DD91 Where can proposals for a recall be signed?
g. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 12:59:06 UTC

DD92 What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
a. Signatories must provide identity/voting card number

Source: Art 128 para 1 Electoral Code
Last updated: 2005-03-21 12:59:56 UTC

DD93 What information must signatories provide when signing the proposal for a rejective referendum (optional)?
e. Not applicable

Source: art 177 constitution
Last updated: 2005-03-21 13:00:46 UTC

DD94 What information must signatories provide when signing the proposal for a citizens' initiative?
a. Signatories must provide identity/voting card number

Source: Art 128 para 1 Electoral Code
Last updated: 2005-03-21 13:01:21 UTC

DD95 What information must signatories provide when signing the proposal for an agenda initiative?
a. Signatories must provide identity/voting card number

Source: follows from Art 128 para 1 Electoral Code
Last updated: 2005-03-21 13:02:40 UTC

DD96 What information must signatories provide when signing the proposal for a recall?
e. Not applicable

Comments: see D.1.1.
Last updated: 2005-03-21 13:03:05 UTC

DD97 What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
b. Ban on payment per signature

Comments: Paying the voters for a signature is a crminal act.
Source: Criminal Code of Albania
Last updated: 2005-03-21 13:24:03 UTC

DD98 What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
f. Not applicable

Source: Art 177 Constitution
Last updated: 2005-03-21 13:24:40 UTC

DD99 What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
b. Ban on payment per signature

Comments: paying for the voters for a signature is a crminal act.
Source: Criminal Code of Albania
Last updated: 2005-03-21 13:26:09 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Central Election Commission
b. Full Address Palace of Congress Tirana, Albania
c. Telephone 3554 253 706
d. Facsimile 3554 253 707
e. Email foreign.rel(a)cec.org.al
f. Website Address www.cec.org.al
g. Name and Title of Chairperson/President Clirim Gjata
h. Information Officer Arben Idrizi
i. Official language of the electoral law governing national elections Albanian

Source: Central Election Commission
Last updated: 2008-05-09 11:18:53 UTC

EM02 Does this national electoral body have the responsibility for elections at:
a. National level
c. Local level
d. Other kinds of elections (church, union, etc.) Please specify.

Comments: d) Referenda.
Source: Constitution, article 153.
Last updated: Mon, 26 Aug 2002 10:39:39 GMT

EM04 The budget of the national electoral management body is determined by:
c. The legislature

Comments: The budget of the Central Election Commission constitutes a separate line in the state budget. The Central Election Commission accepts donations that serve the electoral process, without infringing on its independence and authority.
Source: Electoral Code, article 144.
Last updated: 2008-05-09 11:26:18 UTC

EM05 The expenditures of the national electoral management body are controlled by:
c. The legislature
g. Other

Comments: By the High Control of State, bceause EMB uses money from state budget
Source: Electoral Code, article 144.
Last updated: 2008-05-09 11:26:18 UTC

EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years

Comments: Consists of seven members. Two of them are elected by the Assembly, two by the President of the Republic and three by the High Court. Members are elected for seven years. There is a rotation in every third year.
Source: Constitution, article 154. Electoral Code, article 21 et seq.
Last updated: 2008-05-09 11:26:18 UTC

EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 2500000

Last updated: 2008-05-09 11:18:53 UTC

EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 2384964

Last updated: 2008-05-09 11:18:53 UTC

EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 1.03

Last updated: 2008-05-09 11:18:53 UTC

EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?

Last updated: Thu, 18 Apr 2002 12:31:38 GMT

Electoral Systems

ES01 How is the Head of State selected?
d. Indirectly elected by legislature

Comments: The President of the Republic is the Head of State, elected by the People's Assembly for a five-year term. The election takes place by secret vote in the Assembly by a majority comprised of three-fifths of all its members. 1. A candidate for President is proposed to the Assembly by a group of not less than 20 of its members. A member is not permitted to take part in more than one proposing group. 2. The President of the Republic is elected by secret vote and without debate by the Assembly by a majority of three-fifths of all its members. 3. When this majority is not reached in the first voting, a second voting takes place within 7 days from the day of the first voting. 4. When this majority is not reached even in the second voting, a third voting takes place within 7 days. 5. When there is more than one candidate and none of them has received the required majority, within 7 days, a fourth voting takes place between the two candidates who have received the greatest number of votes. 6. If even in the fourth voting neither of the two candidates has received the required majority, a fifth one takes place. 7. If even in the fifth voting neither of the two candidates has received the required majority, the Assembly is dissolved and new general elections take place within 60 days. 8. The new Assembly elects the President pursuant to the procedure contemplated by paragraphs 1 to 7 of this article. If even the new Assembly does not elect the President, the Assembly is dissolved and new general elections take place within 60 days. 9. The subsequent Assembly elects the President of the Republic by a majority of all its members.
Source: The Constitution, article 87.
Last updated: 2008-05-09 11:28:38 UTC

ES02 How is the Head of Government selected?
e. Appointed

Comments: The Prime Minister is appointed Head of Government by the President. At the same time, the Prime Minister and his government have to be approved by parliament (Assembly). The President of the Republic, at the beginning of a legislature, as well as when the position of Prime Minister remains vacant, appoints the Prime Minister on the proposal of the party or coalition of parties that has the majority of seats in the Assembly. At the same time, the Prime Minister and his government have to be approved by parliament (Assembly).
Source: Albanian Constitution, article 96.
Last updated: 2008-05-09 11:28:38 UTC

ES03 Does the country have a president?
a. Yes

Source: Constitution of Albania, article 87.
Last updated: 2008-05-09 11:27:46 UTC

ES04 The national legislature consists of (one/two chambers):
a. One chamber

Source: Constitution of Albania, article 64.
Last updated: 2008-05-09 11:28:08 UTC

ES05 What is the electoral system for Chamber 1 of the national legislature?
e. Parallel (Segmented) (PR Lists and Majoritarian constituencies)

Source: Constitution of Albania, article 64.
Last updated: 2008-05-09 11:28:38 UTC

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable X

Last updated: 2007-10-15 08:07:58 UTC

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable X

Last updated: 2007-10-15 08:07:58 UTC

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation

Source: Electoral Code, LAW No. 9087 dated 19 June 2003 . Law "on the elections to local government organs", No. 7573 (6 June 1992).
Last updated: 2006-11-23 09:13:52 UTC

LF02 What is the date of the latest version of the national electoral law (including latest amendments)?
a. January 2000 or later

Comments: 9 June 2003.
Source: Electoral Code. Law No. 9087 dated 19 June 2003
Last updated: 2006-11-23 09:13:52 UTC

LF03 The national electoral law covers:
a. National elections
c. Local elections
d. Referendums

Source: Art 1 Electoral Code.
Last updated: 2006-11-23 09:13:52 UTC

LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary

Source: Electoral Code, article 3; Constitution, article 45; International IDEA Voter Turnout Website (http://www.idea.int/vt/)
Last updated: 2006-11-17 13:47:35 UTC

LF05 Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
a. National elections are not held on the same day as regional or local elections

Comments: National elections are held every 4 years, local elections every 3 years.
Source: Constitution, articles 65 (paragraph 1) and 109 (paragraph 1).
Last updated: 2006-11-23 09:13:52 UTC

LF06 Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
c. Not applicable

Comments: The President is elected by the Parliament.
Source: Constitution, article 87.
Last updated: Mon, 26 Aug 2002 10:29:35 GMT

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
b. EMB

Source: Art 29 Electoral Code. Art 153 Constitution
Last updated: 2006-11-23 09:13:52 UTC

LF08 If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
h. Not applicable

Comments: The agency(ies) which settles formal disputes is/are not specially appointed/elected. The EMB settles formal disputes.
Source: Electoral Code.
Last updated: 2005-03-30 16:58:54 UTC

LF09 Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
a. Candidates
b. Parties
e. Other

Comments: Political parties, coalitions registered with the CEC, their candidates as well as independent candidates registered with a ZEC or LGEC.
Source: Electoral code, articles 146, 2 item 25
Last updated: 2005-03-30 17:00:48 UTC

LF10 What body(ies) is the final appellate authority for formal electoral disputes?
b. Constitutional (or similar) Court

Comments: Court of Appeals
Source: Article 162 Electoral Code. Law No. 8609 (8 May 2000).
Last updated: 2006-11-23 09:13:52 UTC

LF11 Which body(ies) proposes electoral reforms?
b. Legislative Committee
c. Government

Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 12:38:40 GMT

Media and Elections

ME01 Please provide information about the person completing the questionnaire.
a. Name and Title: Attila Vincze
b. Job Title: reserchear
c. Organisation: ACEEEO
d. Contact Address: Budapest; V. Alkotmány street 25. Hungary Postal Address: Budapest; P.O. BOX: 81. 1450 Hungary
e. Telephone: + 36 1 354 02 65
f. Facsimile: + 36 1 354 02 64
g. Email: Attila.Vincze@gmx.net

Last updated: 2005-03-21 14:49:39 UTC

ME02 Which of the following types of radio stations are present at a national level in your country?
a. Publicly owned
c. Privately owned

Comments:
Source: Schmidt – Neke: Das politische System Albaniens, In: Ismayr: Die politischen Systeme Osteuropas, 2. ed., 2004, pp. 836 et seq. Lando: Albania, In. Media Ownership and its impact on Media independence and Pluralism Freedom House
Last updated: 2005-03-21 14:50:45 UTC

ME03 Which of the following types of television stations are present at a national level in your country?
a. Publicly owned
c. Privately owned

Source: Schmidt – Neke: Das politische System Albaniens, In: Ismayr: Die politischen Systeme Osteuropas, 2. ed., 2004, pp. 836 et seq. Lando: Albania, In. Media Ownership and its impact on Media independence and Pluralism Freedom House
Last updated: 2005-03-21 14:52:52 UTC

ME04 Which of the following types of daily and weekly newspapers are present at a national level in your country?
a. Publicly owned
c. Privately owned
d. Owned by political parties

Source: Schmidt – Neke: Das politische System Albaniens, In: Ismayr: Die politischen Systeme Osteuropas, 2. ed., 2004, pp. 836 et seq. Lando: Albania, In. Media Ownership and its impact on Media independence and Pluralism Freedom House
Last updated: 2005-03-21 14:53:31 UTC

ME05 Which of the following do you believe best describes the print media situation at the national level in your country?
d. No government newspaper: competition between two or more major private newspapers

Comments: The independence of private media is seen by the people of Albania not fully realised. Some newspapers are formally independent, however economically dependent from political organisations, indirectly by the government. The Government criticizing newspapers are seen as more credibly.
Source: Schmidt – Neke op. cit pp. 836 et seq.; Lando: op. cit
Last updated: 2005-03-21 14:54:21 UTC

ME06 What proportion of the population can receive transmissions of the national level programming of private radio stations?
a. Over 60%

Source: Lando, op. cit
Last updated: 2005-03-21 14:54:57 UTC

ME08 What proportion of the population can receive transmissions of the national level programming of private television stations?
a. Over 60%

Source: Lando, op. cit
Last updated: 2005-03-21 14:55:38 UTC

ME09 In your opinion, which of the following types of media in your country have a public reputation for being independent?
b. Private radio
d. Private television
e. Print media

Comments: The independence of the press is not seen as realised, however private media enjoys the reputation of being independent much more as public ones. Schmidt – Neke, op. cit p. 836
Source: Schmidt – Neke, op. cit p. 838.
Last updated: 2005-03-21 15:04:57 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
a. a

Comments: The law on the press and L A W No. 8503, date 30.6.1999 On the right to information over the official documents
Source: Media and Elections questionnaire, Albania, ACEEEO. Question 3.1
Last updated: 2005-03-21 18:48:22 UTC

ME13 What are the laws, if any, which govern the operations of the public broadcaster? Specify the date of the latest version (including latest amendments)

Comments: LAW No. 8410, dated 30.09.1998 ON PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
Last updated: 2005-03-22 16:46:36 UTC

ME14 What proportion of the population can receive transmissions of the national level programming of the public television stations?
a. Over 60%

Source: Lando, op. cit
Last updated: 2005-03-22 16:47:14 UTC

ME15 What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
a. Over 60 %

Source: Lando, op. cit
Last updated: 2005-03-22 16:47:50 UTC

ME16 In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
c. Private radio
f. Private television
h. Other (specify)

Comments: The people most prefer foreign sources of information, in the first line the Italian RAI.
Source: Schmidt – Neke, op. cit p. 838.
Last updated: 2005-03-22 16:51:00 UTC

ME17 In your opinion, which of the following types of media in your country have a public reputation for being independent?
b. Private radio
d. Private television
e. Print media

Comments: The independence of the press is not seen as realised, however private media enjoys the reputation of being independent much more as public ones.
Source: Schmidt – Neke, op. cit p. 836
Last updated: 2005-03-22 16:51:49 UTC

ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?

Comments: Art 5, LAW ON PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
Last updated: 2005-03-22 16:53:18 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?

Comments: LAW No. 8410, dated 30.09.1998 ON PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
Last updated: 2005-03-22 16:54:49 UTC

ME20 Who grants licenses/frequencies to private broadcasters?
b. Independent regulator

Comments: Favouritism towards media friendly to particular clans of the Government has been a frequent charge against this body by the opposition.
Source: Art 21 LAW No. 8410, dated 30.09.1998 ON PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA Lando, op. cit, p. 43
Last updated: 2005-03-22 16:55:30 UTC

ME21 Who is allowed to hold broadcasting licenses?
b. Private companies

Comments: Licenses for radio-television broadcasting at the national level are issued to shareholding companies established in the territory of the Republic of Albania with the exclusive aim of conducting radio and television activities. The Albanian public radio-television does not need a license.
Source: Art 20, 21 LAW No. 8410, dated 30.09.1998 ON PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
Last updated: 2005-03-22 16:56:23 UTC

ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
a. a

Comments: The National Council of Radio-Television has the right to revoke the broadcasting license when: 1. it has been granted as a result of false data presented to obtain the license; 2. the conditions under which the license has been granted are not met; 3. there is a serious violation of the obligations provided for in this law or other legal obligations related to program broadcasting in compliance with article 137 of this law; 4. broadcasting has not started after the decision to grant the license is in effect for a time period of: a) one hundred eighty days for local radio broadcasting; two hundred seventy days for local television broadcasting; b) one year for national radio broadcasting; one year and a half for national television broadcasting; 5. after broadcasting has begun, the broadcaster does not broadcast for 30 days, not including interruptions for technical reasons that do not depend on the license holder; 6. changes have occurred with the license holder making it impossible to meet the conditions defined in the contract; 7. the property of the license holder is available for auction. When the broadcast license is revoked, the license holder is obliged to return it, without asking for compensation from the National Council of Radio-Television.
Source: Art 34 LAW No. 8410, dated 30.09.1998 ON PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
Last updated: 2005-03-22 16:57:09 UTC

ME23 Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
b. No

Comments: N.A. In its 2002 report The Cost of Speech: Violations of Media Freedom in Albania, Human Rights Watch (HWR) called for the repeal of all criminal defamation laws in force in Albania, noting that these laws “are frequently used and abused by governments and the powerful to harass, intimidate, and punish the critical media.” Intimidation, unlawful arrests, and physical attacks against journalists are still widespread throughout the country and go largely unpunished. Carried out by police officials and organized crime groups, the attacks usually respond to press criticism of politicians and government officials. “The rise in violent attacks and defamation actions against the press by state officials accused of corruption appears also to coincide with an increased maturity, courage, and investigative capacity of the Albanian media in general,” HRW noted.
Source: Freedom House
Last updated: 2005-03-22 16:57:49 UTC

ME24 What legal instruments are used to regulate media coverage of elections?
a. Law

Source: Electoral Code Art 133 et seq.
Last updated: 2005-03-22 16:58:22 UTC

ME25 Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
a. Statutory regulator (e.g. broadcasting licensing body)
d. Legislature
g. EMB by law or regulations

Comments: The Legislature has set the main rules by passing the Electoral Code Steering Council of Public Radio and Television, based on the information on registered parties provided by the Central Election Commission (CEC), sets the time available for each party and, under the supervision of the CEC, organizes a lottery for the allocation of broadcast time to each registered party.
Source: Art 133 et seq, especially 139 Electoral Code
Last updated: 2005-03-22 16:59:40 UTC

ME26 What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?
d. Other (specify)

Comments: The CEC allocates to the parliamentary parties that, in the last parliamentary elections, have obtained more than 20% of the seats in the parliament, equal airtime of not less than 30 minutes on Public Television and the same on Public Radio, whereas for the other parliamentary parties this airtime is not less than 15 minutes. The increase of the broadcasting time within a respective group increases proportionally the airtime at the disposal of the other group;
Source: Art 136 Electoral Code
Last updated: 2005-03-22 17:00:37 UTC

ME27 Does the EMB monitor media coverage of elections?
a. Yes

Comments: Article 142 Electoral campaign monitoring 1. Ten days before the start of the electoral campaign, the CEC establishes the Media Monitoring Board, which has the task of monitoring the implementation of the provisions of this Code on the electoral campaign by public and private radio and television broadcasters. The Media Monitoring Board exercises its activity in the whole electoral territory. In order to perform the monitoring, the Board uses the NCRT’s technical capacities. For local broadcasters that cannot be covered by monitoring tools of the National Council of Radio and Television, local monitors are appointed. Local monitors are placed at the ZEC or LGEC where the radio/television broadcaster to be monitored has its broadcasting station. No later than three months prior to the election date, the CEC and the NCRT sign a memorandum of understanding on the rules, modalities and time limits for the use of the technical capacities of the NCRT for the purposes of monitoring. 2. The Board reports daily to the CEC on the conclusions of monitoring for the previous day. Local monitors report to the ZEC or LGEC where they have been placed. A copy of the report, together with the opinion of the ZEC or LGEC, is sent immediately to the Media Monitoring Board and becomes a part of the daily report to the CEC. 3. Complaints of electoral subjects are examined alongside the report of the monitoring board. 4. The CEC makes the decision on the approval or rejection of the report and the application, as appropriate, of respective sanctions. The CEC decisions can be appealed in accordance with the procedures provided in this Code. 5. The Board cannot have more than 7 members. The composition, modalities of functioning and procedures to be followed by the Board are established by a decision of the CEC. 6. Public and private radio and television broadcasters are obliged to register all their transmissions during the electoral campaign period. These registrations are kept for a three-month period after the end of the elections and made available to the CEC immediately upon the request of the Commission.
Source: Art 142 Electoral Code
Last updated: 2005-03-22 17:01:15 UTC

ME28 What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take
b. Administrative penalty
c. Other (specify)

Comments: Ordering of blocking the transmission Reducing the available transmission time
Source: Art 133 et seq. electoral Code
Last updated: 2005-03-22 17:03:06 UTC

ME29 Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
a. Yes

Comments: Not really clear, This is the responsibility of the editor, however the disputes can be submitted to courts. The law on PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA in its Article 47 stipulates The Right of Rebuttal The person whose moral and material interests are affected by the broadcast of false information has the right to ask the radio-television broadcaster, private or public, to broadcast a rebuttal on radio or on television respectively. The rebuttal is aired free of charge in the next edition of the same program or category of programs. The rebuttal must be signed by the interested party or his legal representative and contain only the facts which he believes affect him. The party demanding the right to rebuttal shall provide evidence that the information broadcast about him is false and his legitimate interests have been harmed. The right to rebuttal is not granted when the facts that the person thinks affect him have emerged in the sessions of the People's Assembly or in a court of law. The right to rebuttal may be refused when: 1. the interested person does not have any legitimate interest in its publication; 2. the rebuttal is much longer than the qualifying statement for which the rebuttal is made; 3. the demand for rebuttal is not made within 2 months from the date of the broadcast of the statement that is being rebutted. The refusal of the right to rebuttal for the above reasons is provided in writing. In cases of failure to observe this right, the person responsible for the program is punished according to the sanctions foreseen in this law. The refusal of radio and television stations to broadcast the rebuttal may be subject to appeal to the NCRT. Both parties may contest NCRT rulings in a court of law.
Source: ACEEEO questionnaire about Media and Elections, Albania Questions 6.1 et seq. Art 47 The law on PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
Last updated: 2005-03-22 17:04:18 UTC

ME30 What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?
a. Criminal prosecution
b. Administrative sanction
c. Other (specify)

Comments: Article 45 Responsibility for the Broadcast Program The journalist or person responsible for the material broadcast by private or public radio-television, have criminal or civil responsibility, as the case may be, when the falsity of the broadcast information or program causes moral or material damage to private or legal persons.
Source: Art 45 Law on PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
Last updated: 2005-03-22 17:05:29 UTC

ME31 Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
b. No

Comments: Journalist organisations are almost non existent, therefore adoption of a code of ethics is much more a wish than reality.
Source: ACEEEO Questionnaire on Media and Elections, Lando op. cit p- 48
Last updated: 2005-03-22 17:06:12 UTC

ME32 If so, how well do you perceive this code of ethics to be respected?
d. Not respected at all

Comments: see B.8.1.
Last updated: 2005-03-22 17:07:05 UTC

ME33 Which body, if any, is responsible for regulating free or paid access of political parties or candidates to the media during election campaigns.
a. EMB

Source: Art 133 et seq. Electoral Code
Last updated: 2005-03-22 17:08:06 UTC

ME34 Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
a. Publicly owned

Source: Art 133 et seq. Electoral Code Questions 2.5 et seq. ACEEEO questionnaire on Media and Elections, Albania Question
Last updated: 2005-03-22 17:10:43 UTC

ME35 Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
a. Publicly owned

Source: Art 133 et seq. Electoral Code Questions 2.5 et seq. ACEEEO questionnaire on Media and Elections, Albania Question
Last updated: 2005-03-22 17:11:02 UTC

ME36 Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
e. None

Source: Art 133 et seq. Electoral Code Questions 2.5 et seq. ACEEEO questionnaire on Media and Elections, Albania Question
Last updated: 2005-03-22 17:11:35 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
c. Based on result of previous election

Comments: The CEC allocates to the parliamentary parties that, in the last parliamentary elections, have obtained more than 20% of the seats in the parliament, equal airtime of not less than 30 minutes on Public Television and the same on Public Radio, whereas for the other parliamentary parties this airtime is not less than 15 minutes. The increase of the broadcasting time within a respective group increases proportionally the airtime at the disposal of the other group; Each party not represented in the Assembly participating in elections is entitled to 10 minutes of air time on Public Television and 10 minutes of air time on Public Radio.
Source: Art 136 Electoral code
Last updated: 2005-03-22 17:12:59 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
a. Amount (Euros) 0

Comments: 0 euros Public Radio and Television may not prepare or broadcast paid political advertising. According to Art 55 of the law ON PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA stipulates, that commercials of political parties or associations are not allowed, except for cases provided by law. Electoral Code provides in its Art 140 that Private radio and television broadcasters may prepare and transmit paid political advertisements. In this case they are obliged to accept and transmit the advertisements in equal time ratio for all parliamentary parties that in the latest elections to the Assembly have obtained up to 20 percent of the seats in the Assembly. For the parties that have obtained more than 20 percent of the seats, the equally allocated airtime is doubled. The total airtime for transmitting political advertisements on private radio and television stations cannot exceed 30 minutes per day.
Source: Art 55 Law ON PUBLIC AND PRIVATE RADIO-TELEVISION IN THE REPUBLIC OF ALBANIA
Last updated: 2005-03-22 17:13:50 UTC

ME39 Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
e. None

Comments: Private radio and television broadcasters make available extra airtime for the advertisements of non-parliamentary parties and independent candidates, in addition to the airtime applied according to this section. The airtime for the advertisements of nonparliamentary parties and independent candidates must not exceed 10 percent of the airtime programmed and used for electoral advertisement. The same rates as for parliamentary parties are applied for spots of non-parliamentary parties and independent candidates.
Source: Art 136, 140 Electoral Code
Last updated: 2005-03-22 17:15:26 UTC

ME40 Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
e. None

Comments: Private radio and television broadcasters make available extra airtime for the advertisements of non-parliamentary parties and independent candidates, in addition to the airtime applied according to this section. The airtime for the advertisements of nonparliamentary parties and independent candidates must not exceed 10 percent of the airtime programmed and used for electoral advertisement. The same rates as for parliamentary parties are applied for spots of non-parliamentary parties and independent candidates.
Source: Art 136, 140 electoral code
Last updated: 2005-03-22 17:16:42 UTC

ME41 Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
e. None

Source: Art 136, 140 electoral code
Last updated: 2005-03-22 17:18:14 UTC

ME42 What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
h. Not applicable

Source: Art 136, 140 electoral code
Last updated: 2005-03-22 17:19:06 UTC

ME43 Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
c. Privately owned

Source: Art 140 electoral Code ACEEEO questionnaire on Media and Elections, Albania
Last updated: 2005-03-22 17:19:57 UTC

ME44 Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
c. Privately owned

Source: Art 140 electoral Code ACEEEO questionnaire on Media and Elections, Albania
Last updated: 2005-03-22 17:20:17 UTC

ME45 Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
c. Privately owned

Source: Art 140 electoral Code ACEEEO questionnaire on Media and Elections, Albania
Last updated: 2005-03-22 17:20:35 UTC

ME46 What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
d. Based on mixture of principles (specify)

Comments: Private radio and television broadcasters may prepare and transmit paid political advertisements. In this case they are obliged to accept and transmit the advertisements in equal time ratio for all parliamentary parties that in the latest elections to the Assembly have obtained up to 20 percent of the seats in the Assembly. For the parties that have obtained more than 20 percent of the seats, the equally allocated airtime is doubled. The total airtime for transmitting political advertisements on private radio and television stations cannot exceed 30 minutes per day. Spots for candidates are included in the airtime of the political subject they represent. Private radio and television broadcasters make available extra airtime for the advertisements of non-parliamentary parties and independent candidates, in addition to the airtime applied according to this section. The airtime for the advertisements of nonparliamentary parties and independent candidates must not exceed 10 percent of the airtime programmed and used for electoral advertisement. The same rates as for parliamentary parties are applied for spots of non-parliamentary parties and independent candidates.
Source: Art 140 Electoral Code
Last updated: 2005-03-22 17:27:30 UTC

ME47 Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
e. None

Comments: Not applicable
Last updated: 2005-03-22 17:28:10 UTC

ME48 Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
e. None

Comments: not applicable
Last updated: 2005-03-22 17:28:36 UTC

ME49 Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
e. None

Comments: not applicable
Last updated: 2005-03-22 17:28:57 UTC

ME50 What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
h. Not applicable

Last updated: 2005-03-22 17:30:47 UTC

ME51 Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?
e. None

Comments: not applicable
Last updated: 2005-03-22 17:30:30 UTC

ME52 Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
e. None

Comments: not applicable
Last updated: 2005-03-22 17:30:16 UTC

ME54 What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
i. Not applicable

Last updated: 2005-03-22 17:31:30 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?

Comments: not applicable
Last updated: 2005-03-22 17:33:06 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
a. ....... Electoral code. Law on political parties

Last updated: 2005-03-22 17:33:59 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
b. The law does not specify any limits x

Comments: The priniciple of equality is applicable, and every party and candidate shall pay the same sum of money.
Source: Elctoral Code 133 et seq.
Last updated: 2005-03-22 17:37:45 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?

Comments: see C. 15.1.
Last updated: 2005-03-22 17:41:32 UTC

ME59 Are televised debates between candidates or party representatives normally conducted?
b. Yes, in legislative elections

Source: Art 140 electoral code
Last updated: 2005-03-22 17:42:47 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
a. ......... equality

Comments: Private radio and television broadcasters have the right to organize electoral debates between competing political forces or candidates. In the organization and holding of the debate, private radio and television broadcasters are obliged to keep the balance between political forces.
Source: Art 140 electoral Code
Last updated: 2005-03-22 17:43:26 UTC

ME61 Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
a. Person or agency that commissioned the opinion poll
c. Characteristics of the sample
d. Size of the sample
e. Margin of error
f. Other

Comments: The publication of electoral opinion polls shall include the name of the pollster, the sponsor, the sample size, the margin of error, and the time period during which the poll was taken.
Source: Art 134 electoral code
Last updated: 2005-03-22 17:47:23 UTC

ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
c. 4-5 days

Comments: The results of electoral opinion polls may not be made public during the last 5 days before election day.
Source: Art 134 electoral code
Last updated: 2005-03-22 17:47:58 UTC

ME63 Where, if at all, may exit polls be carried out?
e. Other (specify)

Comments: There are no rules concerning exit polls
Source: ACEEEO questionnaire on Media and Elections, Albania, Questions 9. 1 et seq
Last updated: 2005-03-22 17:49:08 UTC

ME64 If exit polls are permitted, when can the results be disseminated via the media?
d. Other (specify)

Comments: There are no rules concening exit polls.
Source: ACEEEO questionnaire on Media and Elections, Albania, Questions 9. 1 et seq.
Last updated: 2005-03-22 17:50:19 UTC

ME65 When are the media, by law, allowed to report preliminary election results?
c. After all polls close, after official results are available

Source: ACEEEO questionnaire on Media and elections, Albania, Question 7.1
Last updated: 2005-03-22 17:51:01 UTC

ME66 Are the media allowed to project/predict winners before the final results are available?
a. Yes

Comments: There are no rules regarding this peculiar issue, however the law does not exclude it.
Source: Electoral code, ACEEEO questionnaire on Media and elections, Albania, Question 7.1 et seq. 9. 1 et seq.
Last updated: 2005-03-22 17:51:40 UTC

ME67 What resources does the EMB have for its work with the media?
a. A media department
b. A press officer

Comments: There is a PR department and a spokesman, as well.
Source: www.cec.org.al
Last updated: 2005-03-22 17:53:32 UTC

ME68 Have staff responsible for media relations received training for this work?
a. Yes

Comments: The spokesman is well trained for this work.
Source: www.cec.org.al
Last updated: 2005-03-22 17:55:23 UTC

ME69 Which of the following has the EMB produced or organised?
a. Media packs/press kits
b. Press releases
c. Press conferences/briefings
d. Pre-recorded radio or TV slots
e. Web site

Source: ACEEEO conference 2004 Tirana
Last updated: 2005-03-22 17:56:07 UTC

ME71 Which of the following types of radio stations, provide free broadcast time to the EMB for voter information campaigns?
a. Publicly owned

Source: electoral code 138
Last updated: 2005-03-22 18:04:33 UTC

ME72 Which of the following television stations provide free broadcast time to the EMB for voter information campaigns?
a. Publicly owned

Source: Art 138 electoral code
Last updated: 2005-03-22 18:05:07 UTC

ME73 Which of the following daily and weekly newspapers provide free print space to the EMB for voter information campaigns?
e. None

Source: Art 138 Electoral code
Last updated: 2005-03-22 18:06:05 UTC

ME74 Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
e. None

Comments: only the free broadcast time is governed by the law
Source: art 138 electoral code
Last updated: 2005-03-22 18:07:08 UTC

ME75 Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
e. None

Comments: only the free broadcast time is governed by the law
Source: art 138 electoral code
Last updated: 2005-03-22 18:07:28 UTC

ME76 Which of the following types of daily and weekly newspapers provide paid broadcast time or print space to the EMB for voter information campaigns?
e. None

Comments: only the free broadcast time is governed by the law
Source: art 138 electoral code
Last updated: 2005-03-22 18:08:04 UTC

ME79 Overall, how effective do you judge the EMB’s ability to communicate through the media during election campaigns to be?
b. Quite effective

Comments: as effective as an EMB in Eastern Europe can be
Source: ACEEEO conference 2004 Tirana
Last updated: 2005-03-22 18:10:14 UTC

Parties and Candidates

PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
f. Other

Comments: 1. Each political party that nominates candidates for deputy, candidates for mayor of a municipality or commune or for council members of a municipality or commune, in compliance with the procedures contemplated in this Code, is to be registered with the CEC as an electoral subject no later than 40 days prior to the day of elections. Political parties or coalitions whose member parties have obtained jointly more than 20% of the votes in the previous general elections, have the obligation to nominate candidates in all 100 electoral zones. 2. To register with the CEC, a political party shall submit: a) verification that the party is registered with the Tirana District Court; b) the name, surname and address of the chairman of the party, who is the person authorized to nominate candidates; c) the official name, initials and address of the party; ç) a copy of the party’s seal; d) the name and address of the financial officer of the party; e) the name and address of the person responsible for communication with the CEC.
Source: Electoral Code, article 15.
Last updated: 2005-03-30 17:41:10 UTC

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable

Comments: The national legislature consists of one chamber only.
Source: Constitution, article 64.
Last updated: Tue, 10 Jun 2003 13:00:39 GMT

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
f. Registration

Comments: Every citizen who has reached the age of 18, even on the date of the elections, has the right to vote and to be elected.
Source: Constitution, article 45. Article 13, electoal code
Last updated: 2005-03-30 17:42:38 UTC

PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
k. Not applicable

Comments: The national legislature consists of one chamber only.
Source: Constitution, article 64.
Last updated: Tue, 10 Jun 2003 13:06:14 GMT

PC05 What are the legal qualifications for becoming a candidate at presidential elections?
a. Age
b. Citizenship
d. Residence

Comments: Only an Albanian citizen by birth who has been a resident in Albania for not less than the past 10 years and who has reached the age of 40 may be elected President.
Source: Constitution, articles 86 and 87.
Last updated: Tue, 10 Jun 2003 13:07:29 GMT

PC06 What can disqualify a candidate at legislative elections?
a. Current criminal incarceration
f. Holding of military office
g. Holding of government office
k. Mental health problems
n. Holding of other public offices (police etc.)
o. Other

Comments: o) Without resigning from duty, the following may not run as candidates or be elected deputies: a) judges and prosecutors; b) diplomatic representatives; c) chairmen and members of the electoral commissions; 2. A mandate won in violation of paragraph 1 of this article is invalid. Persons who held certain positions before March 1991 under the former communist regime, according to the Law on Genocide cannot stand as candidates. If members of the armed forces, judges and prosecutors run as candidates, they should resign and be released from duty.
Source: Constitution, article 69.
Last updated: 2005-03-30 17:46:46 UTC

PC07 What can disqualify a candidate at presidential elections?
a. Current criminal incarceration
b. Detention
c. Criminal record
f. Holding of military office
g. Holding of government office
k. Mental health problems
n. Holding of other public offices (police etc.)
p. Other

Comments: A President who resigns before the end of his mandate may not be a candidate in the presidential election that takes place after his resignation. The President of the Republic may not hold any other public duty, may not be a member of a party or carry out other private activity.
Source: Constitution, articles 88 and 89.
Last updated: Mon, 26 Aug 2002 13:02:41 GMT

PC08 Can independent candidates compete in presidential or legislative elections?
e. In both presidential and legislative elections

Source: Constitution, articles 45, 69, 86 and 87. Electoral Code, article 13.
Last updated: 2005-03-30 17:47:59 UTC

PC09 If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
a. Signature requirement (specify)

Comments: For candidates for deputy, the nomination documents are to be accompanied by a list with the signatures of 300 voters who reside in that zone, the names of whom are on the preliminary voter lists of that electoral zone.
Source: Electoral Code, article 80
Last updated: 2005-03-30 17:48:58 UTC

PC10 If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
e. Not applicable

Comments: The national legislature only consists of one chamber.
Source: Constitution, article 64
Last updated: Fri, 30 Aug 2002 09:46:55 GMT

PC11 If independent candidates can compete in presidential elections, what are the registration requirements?
d. Other

Comments: A candidate for President is proposed to the Assembly by a group of not less than 20 of its members. A member is not permitted to take part in more than one proposing group.
Source: Constitution, article 87.
Last updated: Mon, 26 Aug 2002 13:27:42 GMT

PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect

Comments: The parties receive financial aid to the extent defined in the state budget approved by the People's Assembly. At the time of foundation the parties receive material assistance from the state. The material assistance at the cost of 300.000 Lek (approximately 2000 USD) is granted immediately after the registration. The parties receive special aid for the electoral campaign, as well.
Source: Electoral Code (parts 10 and 11). Law on political parties, chapter III.
Last updated: 2005-03-30 17:49:36 UTC

PC13 If political parties receive direct/indirect public funding, when do they receive this?
c. As related to the election period and between elections

Source: Law on political parties, Chapter III.
Last updated: Mon, 26 Aug 2002 13:29:59 GMT

PC14 If political parties receive indirect public funding, identify the type of funding:
a. Free media access
d. Other

Comments: Parties have the right of free use of mass media during electoral and election campaigns. During the electoral campaign, Public Radio and Television provides free air time for each registered political party and the CEC, which is allocated in accordance with the following rules: a. A total of two hours are set aside for the CEC and allocated in accordance with its time requests. At least two-thirds of this time is to be between 1800 and 2200. b. The CEC allocates to the parliamentary parties that, in the last parliamentary elections, have obtained more than 20% of the seats in the parliament, equal airtime of not less than 30 minutes on Public Television and the same on Public Radio, whereas for the other parliamentary parties this airtime is not less than 15 minutes. The increase of the broadcasting time within a respective group increases proportionally the airtime at the disposal of the other group; c. Each party not represented in the Assembly participating in elections is entitled to 10 minutes of air time on Public Television and 10 minutes of air time on Public Radio. ç. The respective electoral subject must be clearly specified on any television or radio program or advertisement for purposes of electoral propaganda. 2. Public Radio and Television covers the electoral campaign through news or informative programming in compliance with the principles of impartiality, completeness, truthfulness, and pluralism of information set forth in articles 4, 36 and 41 of Law no. 8410, dated 30.9.1998, “On Public and Private Radio and Television in the Republic of Albania.” The free air time allocated to political parties in accordance with section 1 of this article may not be allocated as part of news or informative programming. 3. Public Radio and Television may not prepare or broadcast paid political advertising. 4. During general referendum campaigns, Public Radio and Television put an equal number of minutes at the disposal of the political parties supporting either one of the alternatives, in an amount not to exceed three hours in total. Funds at the Disposal of the Political Parties 1. In addition to funds provided to political parties under Law no. 8580, dated 17.2.2000, “On Political Parties,” political parties that are registered with the CEC according to this Code are entitled to funds from the state budget for the conduct of elections. 2. The funds designated for the financing of the political parties participating in the election are set by the CEC within 30 days from their approval in the Assembly. The payments are made by the Ministry of Finance after official notification by the CEC about the manner of division of these funds. 3. The funds of the budget of the state for the financing of political parties in the elections are divided as follows: a) 10 per cent of the amount is distributed equally among the political parties registered as participants in the elections; b) 30 per cent of the amount is distributed in an equal manner among the parties that currently have deputies in the Assembly, or, as the case may be, members of the councils of the municipalities or communes; c) 60 per cent of the amount is distributed among them in proportion to the number of votes won on a national scale in the last elections for the Assembly or in local elections. 4. After the conclusion of the elections, parties that fail to win more than 2.5 per cent of the votes must return the amounts distributed in advance according to letters (b) and (c) of section 3 of this article. All funds distributed according to letters (b) and (c) of section 3 of this article are re-distributed after the conclusion of the elections among the parties that won more than 2.5 per cent of the votes, in accordance with the percentage of the votes won by each of them. d.) Parliamentary parties shall be provided office space for their central headquarters and regional offices. When this is impossible, the state pays for the rent.
Source: Law on political parties, article 25 Electoral Code, article 136 and 145
Last updated: 2005-03-30 17:52:02 UTC

PC15 What is the basis of the public funding?
a. Equal funding, regardless of size and previous performance
b. Based on result of previous election
c. Based on current legislative representation

Comments: 1. In addition to funds provided to political parties under Law no. 8580, dated 17.2.2000, “On Political Parties,” political parties that are registered with the CEC according to this Code are entitled to funds from the state budget for the conduct of elections. 2. The funds designated for the financing of the political parties participating in the election are set by the CEC within 30 days from their approval in the Assembly. The payments are made by the Ministry of Finance after official notification by the CEC about the manner of division of these funds. 3. The funds of the budget of the state for the financing of political parties in the elections are divided as follows: a) 10 per cent of the amount is distributed equally among the political parties registered as participants in the elections; b) 30 per cent of the amount is distributed in an equal manner among the parties that currently have deputies in the Assembly, or, as the case may be, members of the councils of the municipalities or communes; c) 60 per cent of the amount is distributed among them in proportion to the number of votes won on a national scale in the last elections for the Assembly or in local elections. 4. After the conclusion of the elections, parties that fail to win more than 2.5 per cent of the votes must return the amounts distributed in advance according to letters (b) and (c) of section 3 of this article. All funds distributed according to letters (b) and (c) of section 3 of this article are re-distributed after the conclusion of the elections among the parties that won more than 2.5 per cent of the votes, in accordance with the percentage of the votes won by each of them. The state budget shall envision financial aid for the political parties' activities. 15 percent of the state assistance shall be equally divided among those political parties which have taken part in the two last parliamentary elections with a number of candidates that pursuant to the electoral law is above the minimal required number to have a national list, 15 percent shall be divide among parliamentary parties, standing above the minimal proportional percentage, as provided in the electoral law, 70 percent of the state assistance shall be provided among all political parties that participated in the most recent parliamentary election, in proportion with the number of votes won in those elections.
Source: Law on political parties, article 21. Electoral Code, article 146.
Last updated: 2005-03-30 17:53:29 UTC

PC16 If political parties receive public funding, what is the specified purpose?
b. Election campaign activities
c. Unspecified

Comments: c) State material assistance is received by the parties immediately after their registration.
Source: Law on political parties, Chapter III, articles 20 to 22. Electoral Code articles 136, 145
Last updated: 2005-03-30 17:54:28 UTC

PC17 Are political parties entitled to private funding?
a. Yes

Comments: The foundation of commercial or non commercial legal bodies, exercising profit-making activities, by political parties or their agents, is prohibited. Financial aid by foreign private entities is prohibited.
Source: Law on political parties, chapter III. Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 13:09:11 GMT

PC18 If political parties are entitled to private funding, for what period?
c. As related to the election period and between elections

Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 13:10:41 GMT

PC19 Which of the following party financing provisions are applicable?
c. Prohibition on party funding from foreign sources
h. Publication or public access to contribution and / or expenditure reports
i. Other

Comments: i)Foundation of commercial or non-commercial legal bodies, exercising profit-making activities, by political parties or their agents is prohibited. Financial aid from foreign countries granted either by public or private entities is prohibited. Donations must be registered. The State Audit Department is appointed as the body responsible for financial investigation of political parties.
Source: Law on political parties, chapter III.
Last updated: Thu, 12 Sep 2002 13:59:19 GMT

PC20 Which of the following candidate financing provisions are applicable?
j. Not applicable

Comments: The law does not contain any provision regarding candidate financing. Therefore, the provisions regarding party financing are applicable to party affiliated candidates.
Source: Ilirjan Celbashi, Chairman of the Central Electoral Commission(CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:57:07 GMT

PC21 Who is responsible for administering and enforcing party income/funding regulations at national level?
c. Government department

Comments: The State Audit Department is responsible for administering and enforcing party funding regulations.
Source: Law on political parties, article 26. Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:57:56 GMT

Vote Counting

VC01 What are the characteristics of ballots used at national legislative elections (Chamber 1)?
a. Single ballot (all registered parties listed)
d. Categorical (only one mark allowed)
f. Same ballot papers used nationwide
m. Organized alphabetically
o. Ballots signed or otherwise authenticated by polling station official
r. Other

Comments: 1. The ballots for elections are prepared by the CEC. The ballot shall not be transparent and shall contain security elements specified by the CEC. 2. The ballots are produced in blocks with stubs. The serial number is noted only on the stub. 3. For elections to the Assembly, the voter votes with a ballot paper divided into two sections of different colors, one section for the candidates who are competing directly inthe zone and the other for the political parties and coalitions that are competing in those elections. The part of the ballot paper for political parties and coalitions is the same for all electoral zones. 4. For elections for the local government organs, the ballot paper is divided into two sections of colors different from each other. In one section, one votes for candidates to the municipal or communal council and in the other, for candidates for mayor of the municipality or commune. 5. For elections for the local government of the capital, two ballot papers are used, one for the mayor and the municipal council of Tirana, and the other for the municipal units. The format of the ballot papers is designed according to section 4 of this article. The Form of the Ballot Paper 1. The ballot is printed according to the model prepared by the CEC. The back of the ballot has a place for putting the signature of the chairman and the vice chairman and the seal of the VCC. 2. Failure to sign the ballot by one of the subjects indicated in section 1 of this article does not constitute a reason not to begin the voting procedures. Content of the ballot paper 1. The names of candidates for deputy, or mayor of a municipality or commune, are placed on the ballot according to the alphabetical order of their name. 2. The following are written on the ballot paper: a) the name, patronymic, and surname of the candidate as it appears on the nomination documentation; b) the name and initials of the party and/or coalition the candidate represents, or the word “independent,” is written below the candidate’s name. 3. The names of registered political parties or coalitions are placed on the ballot section for political parties or coalitions together with their initial letters as well as the initial letters of the name and the surname of the chairman of the political party, or the chairmen of the coalition member parties. When the participating parties of a coalition have decided to appear separately on the ballot paper, the name of the coalition is written first, followed by the name of the member party in the coalition. They are placed on the ballot paper grouped together one after the other. The order on the ballot paper is determined by alphabetical order, according to the name of the party or coalition. The order on the ballot for the member parties in a coalition which appear separately on the ballot paper is determined by the alphabetical order of their name. 4. The voter marks in the special place at the side of the name of the candidate or party or coalition, one of the signs “x” or “+” or another mark that clearly indicates the choice of the voter.
Source: Electoral Code, articles 90 et seq
Last updated: 2005-03-30 17:58:38 UTC

VC02 What are the characteristics of ballots used at national legislative elections (Chamber 2)?
s. Not applicable

Comments: The national legislature only consists of one chamber.
Source: Constitution, article 64
Last updated: Fri, 30 Aug 2002 09:59:23 GMT

VC03 What are the characteristics of ballots used at presidential elections?
s. Not Applicable

Comments: The President is elected by the Parliament.
Source: Constitution, article 86.
Last updated: Mon, 26 Aug 2002 13:52:58 GMT

VC04 Following the close of the voting, where are the votes first sorted and counted?
b. At the polling centre

Comments:
Source: Electoral Code, article 109.
Last updated: 2005-03-30 17:59:39 UTC

VC05 What procedures are used in the initial count?
a. Separate ballots for different elections
c. Tally of voters who voted
d. Number of ballots in box reconciled against number of voters
e. Number of ballots reconciled against ballots initially received (minus spoilt and unused)
f. Each ballot paper held up for public scrutiny, with name of party/candidate called out loud
l. Counted by hand
o. Data fed into computer for calculation
q. Copies of results are provided to observers
r. Observers and party agents are permitted to take their own copies of the results

Source: Electoral Code, article 109.
Last updated: 2005-03-30 17:59:59 UTC

VC06 Following the sorting and counting, to where are the results first transmitted for consolidation?
c. District level

Source: Electoral Code, article 109 item i), 110.
Last updated: 2005-03-30 18:02:49 UTC

VC07 At what levels are seats allocated?
d. National level

Comments: Constituency: 100 places are allocated in single member districts 40 places according to proportionality on national level
Source: Electoral Code, article 65 et seq.
Last updated: 2005-03-30 18:12:51 UTC

VC08 How are the initial/preliminary polling results transmitted and communicated to the different levels?
a. Physically transported

Comments: The chairman, the deputy chairman and the secretary of the VCC deliver the ballot box and the envelope containing the official records to the LGEC or ZEC within 24 hours from the close of the polls, in the manner prescribed by the LGEC or ZEC. The LGEC or ZEC provides the chairman with a receipt.
Source: Electoral Code, article 109 item i)
Last updated: 2005-03-30 18:14:08 UTC

VC09 If the polling results are physically transported, what is transported?
g. Ballot boxes
h. Other

Source: Article 109 item i) g) gj) electoral Code Ilirjan Celibashi - Chairman of the Central Election Commission (CEC). icelibashi@kqz.org.al
Last updated: 2005-03-30 18:15:17 UTC

VC10 If the polling results are physically transported, what security measures are used?
c. Signatures on sealed envelopes
d. Transported in boxes sealed with numbered seals
e. Accompanied by election officials
f. Accompanied by party representatives
h. Accompanied by police or other security personnel
i. Accompanied by observers

Comments: g) The ballot papers sealed in their respective envelopes shall be placed in the ballot box. A copy of the tabulations is placed in a special envelope, which is not placed in the ballot box. The result is posted in a visible place at the voting center; gj) The original copies of tabulations, the official records, and the seal of the VCC, as well as the decisions of the VCC together with the minority opinion about the tabulation of results of the voting center and the validity of the ballots, the envelopes with the ballots, unused ballots and stubs, are put into the ballot box. h) Each ballot box is sealed and the identification number of the seal is recorded in the official records. i) The chairman, the deputy chairman and the secretary of the VCC deliver the ballot box and the envelope containing the official records to the LGEC or ZEC within 24 hours from the close of the polls, in the manner prescribed by the LGEC or ZEC. The LGEC or ZEC provides the chairman with a receipt.
Source: Electoral Code, article 109 item g)gj)h) j).
Last updated: 2005-03-30 18:18:14 UTC

VC11 Under what conditions are ballots recounted?
d. By request
f. Other

Comments: 1. No later than 24 hours after the declaration of the result in the electoral unit, the interested subjects have the right to request a recount of the votes for candidates for deputy or for mayor of a municipality or commune, if the margin between the votes of the candidate who came first and the candidate who came second is smaller than the total number of invalid ballots rejected during the counting of the ballots, or if the above margin is 150 votes or less. The request is submitted to the chairman, deputy chairman or the secretary of the LGEC or ZEC. 2. The ZEC or LGEC organizes and begins the recount of the votes no later than 24 hours from the declaration of the decision on the recount.
Source: Electoral Code, article 111
Last updated: 2005-03-30 18:19:53 UTC

VC12 If automatically recounted, what is the trigger?
e. Not applicable

Source: Electoral Code, article 111
Last updated: 2005-03-30 18:21:26 UTC

VC13 If ballots are recounted by request, who can make the request?
b. An individual candidate

Comments: “Electoral subjects”: political parties, coalitions registered with the CEC, their candidates as well as independent candidates registered with a ZEC or LGEC.
Source: Electoral Code, article 111, Art 2 item 25
Last updated: 2005-03-30 18:23:51 UTC

VC14 If recounted, who conducts the recount?
h. Courts

Comments: Procedures for the Recount 1. At the time and place fixed for the recount, the Chairman and Deputy Chairman of the ZEC or LGEC: a) check that all ballot boxes and records are put in a visible place; b) begin the recount from voting center number 1 and continue in consecutive order with the recount of all ballots of all voting centers; c) examine the ballot boxes one by one. 2. Before opening a ballot box, the chairman and deputy chairman check whether the seal on the ballot box is the same seal that is recorded in the official records of the LGEC or ZEC. If the seal is not the same, the box must not be opened. 3. After it is confirmed that the seal on the box is the same, the recount proceeds, in full view of all those present and in the following order: a) The secretary opens the box and removes the official records, tabulations and seal of the VCC and checks that the materials are the proper documents for that voting center; b) The secretary removes the envelopes containing the ballots counted at the voting center, the envelopes containing the invalid ballots and the envelopes containing the ballots spoiled during the voting, as well as unused ballots and stubs; c) The chairman and the deputy chairman confirm the information in the tabulations regarding the the number of unused ballots, the last ballot stub number, the number of spoiled ballots and the number of contested ballots. The chairman and deputy chairman place those materials in the envelope designated for that purpose and enter that information on the recount official record; ç) Without inspecting the ballots, the chairman and deputy chairman open the envelopes containing the ballots and place them in piles that correspond to the envelope from which they were removed. The ballots contained in each envelope are counted and the result is compared with the number recorded in the voting center tabulation. If there is a discrepancy, the number of ballots found in the envelope during the recount is considered the correct number; d) After confirming the number of votes according to the tabulation of the voting center, the chairman and deputy chairman continue with the examination of all ballots, checking whether the ballot was sealed and signed according to article 91 of this Code, and they declare for whom the ballot has been marked. During the recount, the chairman and deputy chairman exercise the competencies of the VCC and may alter the decision of the VCC as recorded in the official records; dh) During the examination of a ballot that was contested by one or more members of the VCC or one or more representatives, or was rejected by the VCC during the count, the chairman and deputy chairman examine all the objections and comments regarding that ballot paper as found in the official records. After making a decision regarding the ballot in question, the chairman and deputy chairman explain the respective reasons, which are recorded in the record of the recount proceedings; e) After the examination of all ballots in the ballot box, the chairman and deputy chairman declare the results of the voting center and complete the recount official record for the voting center; they sign it, together with the secretary and place all materials back in the ballot box, together with a copy of the recount official record; they seal the ballot box, and begin the same procedure for the next voting center; ë) Prior to sealing the ballot box according to letter “e” of this article, the chairman and deputy chairman allow representatives of the electoral subjects, the candidates andmembers of the electoral commission to examine the official records concerning the voting and take notes. f) Following the recount of all ballots for the entire electoral unit and the completion of the recount official record for each voting center, the chairman and deputy chairman complete the recount tabulation, a copy of which is provided to all persons present. 4. In all cases when the chairman and deputy chairman fail to make a decision, the decision is taken by a majority of votes of all members of the ZEC or LGEC, including the chairman and deputy chairman. 5. The CEC drafts the forms that are used in this chapter.,
Source: Electoral Code, article 113
Last updated: 2005-03-30 18:27:52 UTC

VC15 Are preliminary results announced?
a. Yes

Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 10:01:51 GMT

VC16 If preliminary results are announced, how long after the close of polls is this done?
b. days: 2

Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 10:02:25 GMT

VC17 Is there a legal requirement for the declaration of the officially certified results?
a. Yes

Source: Electoral Code, article 110.
Last updated: 2005-03-30 18:28:51 UTC

VC18 How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
b. days:

Comments: 1. No later than two days after the date of the elections, the LGEC or the ZEC, in the presence of the commission members, representatives of the electoral subjects and accredited Albanian and foreign observers, declares the results of the elections: a) The chairman of the commission ensures that each ballot box is accounted for. b)The ballot boxes are opened one at a time, checking whether the seal is the same seal recorded in the official records and whether the boxes contain the official records, ballot envelopes, unused ballots, ballot stubs, and seal of the VCC. The original copy of the tabulation is removed. c)Each member of the commission may examine the official records. d)At no time may ballots be examined, removed from the box or counted. e)The ballot box is closed and sealed again, leaving aside the original tabulation of results. The number of the seal is recorded in the official records of the commission. f)Any irregularities found in the ballot box are noted in the official records. g)After all original tabulations of results have been removed, the chairman of the commission completes the tabulation of results for the electoral unit and declares a person elected to the position of deputy for the electoral unit, the number of votes cast for multi-party lists, and, if appropriate, the candidates for the second round of elections. h)The chairman of the commission, along with the members of the commission and representatives of the electoral subjects who may be present, sign the tabulation of results for the electoral unit. The chairman provides a copy of the tabulation to all members of the commission, the representatives present, the candidates and Albanian and foreign observers who are present. The original copy of the tabulation is forwarded to the CEC, while a copy is posted in a visible place within the voting center. i)If any members of the commission or representatives present object to the tabulation, the commission votes and takes a decision. The chairman records the nature of the problem and the reasons for the decision in the official records. The final tabulation reflects the decision taken. If a member or representative objects to the decision, he may add his comments to the official records. 2. All ballot boxes and records are retained by the LGEC or ZEC in accordance with the provisions of this Code and may only be opened by a judge during a recount of ballots or upon direction of the Constitutional Court or, as the case may be, the High Court in accordance with article 141 of this Code. 3. A recount of ballots may only occur after the declaration of the results of the election. 4. Only those persons mentioned in point 1 of this article may be present during the procedures set forth in this article.
Source: Electoral Code, article 110.
Last updated: 2005-03-30 18:31:09 UTC

Voter Education

VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
g. NGOs/ Civic Organizations

Comments: The CEC implements education programs for voters and training programs for election commission members. Article 138 of the Elections code provides for Free Air Time for the CEC. CEC is provided with a total of 60 minutes of free time on public radio and 60 minutes of free time on public television for voter education each calendar year.
Source: Constitution, article 153. Electoral Code. Law No. 8609 (8 May 2000).
Last updated: 2005-03-30 17:17:15 UTC

VE02 At the national level, how often are voter education programs conducted?
a. Continuously

Source: Electoral Code Article 138 Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), icelibashi@kqz.org.al
Last updated: 2005-03-30 17:17:44 UTC

VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body
i. Yes, conducted by Political Parties/ Candidates

Source: Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:16:47 GMT

VE04 What types of voter education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
e. Public meetings
g. Internet
h. Other

Comments: a) Leaflets and manuals. b) Radio-TV spots.
Source: Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:17:54 GMT

VE05 What types of civic education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
g. Internet

Comments: a) Leaflets and manuals. b) Radio-TV spots
Source: Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), < icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:18:34 GMT

VE06 Special voter education programs were developed at the most recent national elections for:
h. Not applicable

Comments: There were no special voter education programs developed.
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 12:40:29 GMT

Voting Operations

VO01 Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
f. 41-50%

Source: Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:26:07 GMT

VO02 Is there a code of conduct for election officials?
b. No

Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 12:36:57 GMT

VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
d. At specially designated polling stations

Comments: 1. When in a special institution there are at least 15 voters eligible to vote for the electoral unit where the institution is located, the ZEC or, as appropriate, LGEC, creates a voting center inside the institution for those persons. 2. In health institutions that have many wards, a separate voting center may be set up for each ward, if each of them has more than 15 voters. 3. Voters in military and police bases vote in the nearest ordinary voting center outside the base, as designated by the ZEC. 4. Students registered in the voter lists according to article 4 of this Code vote only in the polling unit where they have been added to the list.
Source: Electoral Code, articles 94 et seq.
Last updated: 2005-03-30 17:35:24 UTC

VO04 Who can vote from outside the country?
a. Outside the country voting is not permitted

Source: Electoral Code, article 11.
Last updated: 2005-03-30 17:35:58 UTC

VO05 If voting outside the country is permitted, at what places?
g. Not applicable

Comments: Voting outside the country voting is not permitted.
Source: Electoral Code, article 11
Last updated: 2005-03-30 17:36:26 UTC

VO06 Can people vote in advance of the designated national election day(s)?
a. No

Comments: The Electoral Code does not contain any provision which permits voting in advance of the designated national election day.
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 12:46:18 GMT

VO07 If electors can vote in advance of the designated national election day(s), how may they do so?
f. Not applicable

Comments: The Electoral Code does not contain any provision which permits voting in advance of the designated national election day.
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 12:47:02 GMT

VO08 If electors can vote in advance of the designated national election day(s), specify who:
g. Not applicable

Comments: The Electoral Code does not contain any provision which permits voting in advance of the designated national election day.
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 12:47:46 GMT

VO09 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes

Source: Electoral Code, article 94
Last updated: 2005-03-30 17:37:20 UTC

VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: 1.000

Comments: 1. A polling unit may not be divided into parts that are separated from one another. 2. As much as possible, a polling unit should have no more than 1,000 voters. If it is found that a polling unit has more than 1,000 voters, the LGEC or, as appropriate, ZEC, may establish more than one voting center for that zone. 3. When a residential center is more than three kilometers away from the closest voting center, a separate voting center is set up in that residential center, if it has at least 50 voters. 4. A polling unit is established by the ZEC or the LGEC but, as much as possible, the ZEC should keep the polling unit boundaries established by the LGEC in its zone.
Source: Electoral Code, article 94.
Last updated: 2005-03-30 17:37:55 UTC

VO11 How do electors cast their votes?
a. By manually marking the ballot

Comments: Voting 1. On receipt of the ballot, the voter proceeds to the closed voting booth and votes by marking the ballot in the space provided for. 2. After voting in the closed voting booth, the voter folds the ballot so that his mark cannot be seen and leaves the voting booth. 3. The voter then deposits the ballot into the ballot box and leaves the voting center. 4. With the exception of article 103 of this Code, a voter votes only on his own behalf. Spoiled Ballots 1. If a ballot is marked outside the voting booth, the ballot is placed not in the ballot box but in the envelope for spoiled ballots. In this case, the voter is given another ballot and the incident is recorded in the official record. If the voter again marks the ballot outside the voting booth, the ballot is again placed in the envelope for spoiled ballots and the voter is not given another ballot. 2. If a voter marks or damages the ballot accidentally and requests a second ballot, the ballot is considered spoiled and is placed in the envelope for spoiled ballots and the voter is provided with a second ballot. This incident is recorded in the official record. A voter who damages the second ballot is not given another ballot paper. 3. Spoiled ballots are in no event placed in the ballot box. A Voter who Cannot Vote Himself 1. A voter who, for physical reasons, is unable to complete the voting procedures himself, may request the help of a family member or another voter who is on the list of voters for that polling unit. Both voters must be present in the voting center when this procedure is used. 2. A person may help only one voter who cannot vote himself. 3. Before marking the ballot, a person who assists another voter makes a declaration in the official record that he will vote as instructed, will not influence the voter’s decision, will not make public the vote and has not assisted any other voter. 4. Members of the election commissions may not help voters who are unable to vote themselves. 5. The mark on the ballot must be made in the closed voting booth. 6. The voters contemplated in section 1 of this article have the right to request of the LGEC their registration as voters who cannot vote themselves. The request for registration shall be accompanied by official documentation that proves the type and category of disability. The LGEC puts an indication beside the voter’s name on the voter list of the voting center. 7. When establishing the voting centers, the ZEC or the LGEC must take into consideration cases of obstacles for voters who cannot vote themselves. 8. In every case when there are voters registered according to section 6 of this article, who have difficulties accessing the environment of a voting center, the determination of the voting center and its organization are made in a manner that guarantees free access for this category of voters. 9. In voting centers where blind voters are registered, the VCC may be supplied with special voting devices, which allow the voters to read or understand the ballot paper and vote independently. The blind voter shall be informed by the VCC of the manner of voting with special voting devices and shall be supplied with them upon his request.
Source: Electoral Code, articles 101 et seq.
Last updated: 2005-03-30 17:39:11 UTC

VO12 How many staff are assigned to each polling station?
a. The smallest polling station: 7
b. The largest polling station: 7
c. Average per polling station: 7

Source: Electoral Code, article 45
Last updated: 2005-03-30 17:40:12 UTC

VO13 Approximately how many hours of training were provided to the presiding polling officer for the most recent national elections?
a. hours: 3

Source: Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:32:29 GMT

VO14 Approximately how many hours of training were provided to the other polling officials for the most recent national elections?
a. hours: 3

Source: Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:42:43 GMT

Voter Registration

VR01 What is the legal voting age in the national elections?
c. 18

Source: Constitution, article 45.
Last updated: Mon, 26 Aug 2002 11:34:23 GMT

VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship

Source: Electoral Code, article 9.
Last updated: 2005-03-30 17:18:45 UTC

VR03 What restrictions on registering to vote and voting exist in the country?
d. Mental disability

Comments: Citizens declared by final judicial decision as incapable of acting because of mental disability are excluded from the right to vote.
Source: Electoral Code, article 9. Constitution, article 45.
Last updated: 2005-03-30 17:19:11 UTC

VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)

Comments: It is composed of the voter lists of all municipalities and communes. The National Registry of Voters is kept at the Central Election Commission and administered by it. So local authorities have also duties regarding this.
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al electoral code, article 50 et seq.
Last updated: 2005-03-30 17:21:24 UTC

VR05 What is the registration method for national elections?
b. Voters register

Source: Art 50 et seq. electoral code
Last updated: 2005-03-30 17:22:04 UTC

VR06 How frequently is the voters register updated?
c. Periodically (or before each election)

Source: Art 55 et seq. electoral code Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: 2005-03-30 17:22:49 UTC

VR07 What methods are used to compile and update the voters register?
a. Links to national population records
f. Door-to-door registration campaign

Comments: The National Registry of Voters is prepared under the supervision of the CEC. It contains data and is prepared in accordance with the provisions of this Code and the substatutory acts issued by the CEC for its implementation. 2. The National Registry of Voters is prepared on the basis of official data drawn from the civil status registries. Art 49. 1. For the administration of the National Registry of Voters, the CEC creates the Directorate of Registration of Voters. 2. The Directorate of Registration of Voters is responsible for implementing the decisions of the CEC connected with the registration of voters. It performs these duties: a) It administers the National Registry of Voters. b) It prepares for the CEC the instructions to the offices of civil status on the method of compilation of the voter lists. c) It organizes and directs the registration of voters door to door whenever it is considered necessary. d) It performs other duties in connection with the registration of voters set by the CEC.
Source: Election Code Article 55 et seq. Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: 2005-03-30 17:23:42 UTC

VR08 Is it compulsory to be on the voters register?
b. No

Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Last updated: Tue, 10 Jun 2003 12:44:30 GMT

VR09 Approximately what percentage (on the basis of cost) of registration supplies and equipment are obtained or produced within the country?
a. Percentage: 60

Comments: IFES was involved in the voter registration process.
Source: Ilirjan Celibashi, Chairman of the Central Election Commission(CEC), icelibashi@kqz.org.al
Last updated: Fri, 30 Aug 2002 09:24:30 GMT

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