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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: The Elecotral Code: Art. 27: 1. Electoral Administration Zones (EAZ) are established and function in accordance with this Code for every kind of election and referendum.
2. The territorial jurisdiction of an EAZ, as a rule, is the same as the administrative territory of the municipality according to the law regulating the administrative-territorial organization in the Republic of Albania. Municipalities that have more than 80 thousand citizens with the right to vote shall be divided by the CEC into more than one Electoral Administration Zone based on the following criteria:
a) the inseparability of the territory of the administrative unit, except for those with more than 80 thousand voters;
b) the contiguity and compactness of the territory, while avoiding the geographical barriers;
c) good possibilities for transportation within the territory;
ç) approximate number of voters.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, Art. 27. Art. 27 changed in 2015.
Verified: 2017/05/17
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers d . Conformity with local jurisdiction boundaries g . Other
Comments: The Electoral Code: Art. 27:
1. Electoral Administration Zones (EAZ) are established and function in accordance with this Code for every kind of election and referendum.
2. The territorial jurisdiction of an EAZ, as a rule, is the same as the administrative territory of the municipality according to the law regulating the administrative-territorial organization in the Republic of Albania. Municipalities that have more than 80 thousand citizens with the right to vote shall be divided by the CEC into more than one Electoral Administration Zone based on the following criteria:
a) the inseparability of the territory of the administrative unit, except for those with more than 80 thousand voters;
b) the contiguity and compactness of the territory, while avoiding the geographical barriers;
c) good possibilities for transportation within the territory;
ç) approximate number of voters.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, Art. 27. Art. 27 changed in 2015.
Verified: 2017/05/17
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: The Code: Art.21: The CEC performs the following duties:
4. Approves the boundaries of Electoral Administration Zones in accordance with this Code.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, Art. 27. Art. 21 was amended in 2012.
Verified: 2017/05/17
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
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.
A candidate for President is proposed to the Assembly by a group of not less than 20 MPs. One MP is not allowed to propose more than one candidate at the same time. The President of the Republic is elected by secret vote and without debate by the Assembly. The Assembly conducts up to five voting for the election of the President. The President is elected in the first, second or third voting when one candidate receives not less than three fifths of the votes of all the members of the Assembly. In the fourth and fifth voting, the candidate that receives more than half of the votes of all the members of the Assembly is elected President.
Source: Constitution of the Republic of Albania (1998), art. 86-88
Verified: 2017/05/17
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: At the beginning of a legislature, as well as when the position of Prime Minister is vacant, the President of the Republic appoints the Prime Minister on the proposal of the party or coalition of parties that has the majority of seats in the Assembly. If the Prime Minister appointed is not approved by the Assembly, the President appoints a new Prime Minister within 10 days. If the newly appointed Prime Minister is not approved by the Assembly, the Assembly elects another Prime Minister within 10 days. In this case, the President appoints the new Prime Minister. If the Assembly fails to elect a new Prime Minister, the President of the Republic dissolves the Assembly.
Source: Constitution of the Republic of Albania, art. 96.
Verified: 2017/05/17
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: Constitution Art. 86: The President of the Republic is the Head of State and represents the unity of the people.
Source: Constitution of the Republic of Albania, art. 86-94
Verified: 2017/05/17
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The Assembly is composed of 140 deputies.
Source: Constitution of the Republic of Albania, art. 64
Verified: 2017/05/17
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: The electoral system is based on d'Hondt method.
Source: Electoral Code: Electoral Code of the Republic of Albania, dated 2 April 2015, art. 162-163.
Verified: 2017/05/17
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments:
Source: The Constitution of the Republic of Albania, 1998.
The Electoral Code of the Republic of Albania, dated 2 April 2015.
Verified: 2017/05/17
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: 9 June 2003.
Source: Electoral Code.
Law No. 9087 dated 19 June 2003
Verified: 2006/11/23
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections c . Local elections d . Referendums
Comments: The Electoraol Code: 1: 1. The aim of this Code is to specify rules for preparing, conducting, administering, and supervising elections to the Assembly of Albania, local government elections and referenda, as well as for declaring their results.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, Art. 1.
Verified: 2017/05/17
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 3.
The Constitution of the Republic of Albania, art. 45
International IDEA Voter Turnout Website (http://www.idea.int/vt/)
Verified: 2017/05/17
LF005
Question: 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?
Answer:
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).
Verified: 2006/11/23
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments: The President is elected by the Parliament.
Source: Constitution, article 87.
Verified: 2002/08/26
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments:
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 29.
The Constitution of the Republic of Albania, art. 153.
Verified: 2017/05/17
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
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.
Verified: 2005/03/30
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
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
Verified: 2005/03/30
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
Comments: Court of Appeals
Source: Article 162 Electoral Code.
Law No. 8609 (8 May 2000).
Verified: 2006/11/23
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
b . Legislative Committee c . Government
Comments:
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Verified: 2003/06/10
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: d) Referenda.
Art. 153: The Central Election Commission is a permanent organ that prepares, supervises, manages, and verifies all aspects of elections and referenda and announces their results.
Source: The Constitution of the Republic of Albania, art. 153.
Verified: 2017/05/17
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: Electoral Code: 86: 1. The budget of the CEC 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: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 86
Verified: 2017/05/17
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature g . Other
Comments: By the High Control of State, because EMB uses money from state budget
Source: The Constitution of the Republic of Albania, art. 163
Verified: 2017/05/17
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number 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.
The Electoral code: 13: 1. A member of the CEC has a 4-year mandate with the right to be re-elected.
Source: The Constitution of the Republic of Albania, art. 154.
The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 13
Verified: 2017/05/17
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Source: http://www.idea.int/sites/default/files/publications/electoral-management-design-2014.pdf, page 375 (accessed May 2017)
Verified: 2017/05/17
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Electoral Code, Article 12
1. The Central Election Commission (CEC) shall be composed of 7 members.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, Art.12
Verified: 2017/05/17
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: The Electoral Code, Article 12
2 Any Albanian citizen with the right to vote may be appointed a member of the CEC provided that the candidate fulfils the following criteria, ect.
IDEA Handbook: Multiparty EMBs comprise a mixture of political party nominees. In Albania, the party-affiliated members represent the distribution of seats in the legislature.(page 110)
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, Art.12.
Electoral Management Design: The International IDEA Handbook (http://www.idea.int/sites/default/files/publications/electoral-management-design-2014.pdf) (page 110, link last accessed May 2017)
Verified: 2017/05/17
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature g . Political parties
Comments: The electoral Code, Art. 14: The Assembly of Albania elects the CEC members in accordance with the following procedure:
a) 2 members are proposed by the party that has the largest number of seats among the parties of the parliamentary majority and 2 members by the party of the parliamentary opposition which has the largest number of seats in the Assembly of Albania;
b) the proposing subjects, during the selection phase, present no fewer than two candidacies for each vacancy. The chairs of the parliamentary groups of the proposing subjects select, collegially, 4 candidacies in accordance with the criteria provided for in
letter “a” of this point. The proposing subjects of letter “a” select one candidacy of each gender;
c) candidacies selected in accordance with letter “b” of this point are submitted to the Assembly for approval;
ç) the fifth member of the CEC is elected from among the candidacies proposed by groupings of deputies of parliamentary majority parties other than the largest party of the majority grouping. The sixth member of the CEC is elected from among the
candidacies proposed by groupings of deputies of the parliamentary opposition parties, with the exception of the largest party of the opposition. The proposing grouping presents a list with no fewer than two candidacies for the respective vacancy. The list of candidates that has accumulated the highest number of supporting
signatures from deputies of the respective parliamentary groups of the parliamentary majority and opposition, including also the deputies of the two largest parties from each grouping, is presented to the Assembly for a vote. If two or more lists have
accumulated the same number of supporting signatures, all the candidacies included in these lists are presented for a vote.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, Art.15.
Verified: 2017/05/17
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body g . NGOs/ Civic Organizations
Comments: The CEC implements education programs for voters and training programs for election commission members.
The Electoral Code: 80. the CEC is to be provided with a total of 90 minutes of free time for voter information by Public Radio and Television each year.
Source: The Constitution of the Republic of Albania, art. 153.
The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 80.
Verified: 2017/05/17
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: The Electoral Code: 82. the CEC is to be provided with a total of 90 minutes of free time for voter information by Public Radio and Television each year.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 80.
Ilirjan Celibashi, Chairman of the Central Election Commission(CEC),
[email protected]
Verified: 2017/05/17
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body i . Yes, conducted by Political Parties/ Candidates
Comments: Electoral Code: Art. 21: 9. The CEC takes measures and also organises voter education programmes for citizens.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015,Art. 21(9)
Ilirjan Celibashi, Chairman of the Central Election Commission(CEC),
[email protected]
Verified: 2017/05/17
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
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),
[email protected]
Verified: 2002/08/30
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
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),
<
[email protected]
Verified: 2002/08/30
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
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
Verified: 2003/06/10
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: The Constitution of the Republic of Albania, art. 45.
Verified: 2017/05/17
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments: The Electoral Code: 3: 3. Every Albanian citizen, who has reached the age of 18, including on Election Day, without distinction according to race, ethnicity, gender, language, political conviction, religious belief, physical ability or economic condition, has the right to vote and to be elected in accordance with the rules provided in this Code.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 3.
Verified: 2017/05/17
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
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.
Verified: 2005/03/30
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
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: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 46 et seq.
Verified: 2017/05/17
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments:
Source: Art 50 et seq. electoral code
Verified: 2005/03/30
VR006
Question: How frequently is the voters register updated?
Answer:
c . Periodically (or before each election)
Comments:
Source: Art 55 et seq. electoral code
Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Verified: 2005/03/30
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
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
Verified: 2005/03/30
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Electoral Code: Art. 45: Voters vote in the voting centre in the zone where they are registered on the voter list, unless otherwise specified in this Code.
Art. 46: 1. The voter list is compiled for each polling unit on the basis of the electronic data of the National Civil Status Register.
2. The voter list contains all the voters who, based on the electronic data of the National Civil Status Register of citizens, have a residence in the polling unit of the local government unit or voters according to Chapter III of this Part.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 45, 46.
Verified: 2017/05/17
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
f . Other
Comments: The Electoral code: 64: 1. Each political party shall submit a request to the CEC for being registered as an electoral subject no later than 70 days before the election date.
2. For being registered as an electoral subject for any kind of elections, a political party shall submit to the CEC:
a) an attestation proving that the party is registered with the District Court of Tirana;
b) name, surname and address of the Chair of the party, who is the authorized person to present candidates;
c) official name, acronym and address of the party headquarters;
ç) specimen of the party stamp;
d) name, surname and address of the finance officer of the party; and
dh) name, surname and address of the person responsible for communication with the CEC
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 64
Verified: 2017/05/18
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments: The national legislature consists of one chamber only.
Source: Constitution, article 64.
Verified: 2003/06/10
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship f . Registration j . Other
Comments: The Constitution: 45: 1. Every citizen who has reached the age of 18, even on the date of the elections, has the right to elect and to be elected.
The Constitution: 69: Without resigning from duty, the following may not run as candidates or be elected deputies:
a. judges and prosecutors;
b. military servicemen on active duty;
c. staff of the police and of the national security;
ç. diplomatic representatives;
d. mayors of municipalities and communes as well as prefects in the places where they carry out their duties;
dh. chairmen and members of the electoral commissions;
e. the President of the Republic and the high officials of the state administration contemplated by law
The Electoral Code: 63: 2. An electoral subject may also be an Albanian citizen with the right to vote who is proposed as a candidate for deputy or for local government bodies by a group of
voters according to the rules set out in this Code.
Source: The Constitution of the republic of Albania, article 45, 69
The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 63
Verified: 2017/05/18
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
k . No information available
Comments: The national legislature consists of one chamber only.
Source: Constitution, article 64.
Verified: 2003/06/10
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
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.
Verified: 2003/06/10
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
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.
Verified: 2005/03/30
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
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.
Verified: 2002/08/26
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments:
Source: The Constitution of the Republic of Albania, articles 45, 69, 86 and 87.
The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 63
Verified: 2017/05/18
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
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
Verified: 2005/03/30
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments: The national legislature only consists of one chamber.
Source: Constitution, article 64
Verified: 2002/08/30
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
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.
Verified: 2002/08/26
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: Electoral Code:art. 87: 1.Political parties participating in the elections, which have received no less than 0.5 per cent of votes nationwide, are entitled to State Budget funds, based on the number of votes of each party in those elections. This fund is determined through a decision of the Assembly and comprises a separate item in the State Budget for the respective electoral year. This fund may not be lower than the aggregate sum allocated to political parties in the previous elections.
Art. 80: 1. During the electoral campaign, Public Radio and Television provides free airtime to registered political parties and to the CEC, which is allocated according to the following rules.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 80. and 86-88
Verified: 2017/05/18
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments:
Source: Law on political parties, Chapter III.
Verified: 2002/08/26
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
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
Verified: 2005/03/30
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance b . Based on result of previous election c . Based on current legislative representation
Comments: Electoral Code: Art.87: 1. Political parties participating in the elections, which have received no less than 0.5 per cent of votes nationwide, are entitled to State Budget funds, based on the number of votes of each party in those elections. This fund is determined through a decision of the Assembly and comprises a separate item in the State Budget for the respective electoral year. This fund may not be lower than the aggregate sum allocated to political parties in the previous elections.
2. The CEC calculates the amount due to each party, by multiplying the monetary value of one valid vote, as defined in point 2 of this article, with the number of valid votes received by each party in the last elections.
Source: Law on political parties, article 21.
Law No. 8580 on political parties, which were adopted by the Parliament on 10 February 2011.
The Electoral Code of the Republic of Albania, dated 2 April 2015,art.86, 87.
Verified: 2017/05/18
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
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
Verified: 2005/03/30
PC017
Question: Are political parties entitled to private funding?
Answer:
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.
Electoral Code: Art. 89: 1. Electoral subjects can obtain funds for the purposes of their electoral campaigns only from domestic physical or legal persons. For the purpose of this Code, an Albanian citizen who resides outside the territory of the Republic of Albania shall also be considered a domestic physical person.
Source: Law on political parties, chapter III.
Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 89,90.
Verified: 2017/05/18
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments:
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Verified: 2003/06/10
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
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.
Verified: 2002/09/12
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
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),
[email protected]
Verified: 2002/08/30
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
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),
[email protected]
Verified: 2002/08/30
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
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
Verified: 2009/11/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments: The national legislature only consists of one chamber.
Source: Constitution, article 64
Verified: 2009/11/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments: The President is elected by the Parliament.
Source: Constitution, article 86.
Verified: 2009/11/04
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
b . The polling centre
Comments:
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 116
Verified: 2017/05/18
VC005
Question: What procedures are used in the initial count?
Answer(s):
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
Comments:
Source: Electoral Code, article 109.
Verified: 2009/11/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
c . District level
Comments:
Source: Electoral Code, article 109 item i), 110.
Verified: 2009/11/04
VC007
Question: At what levels are seats allocated?
Answer(s):
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.
Verified: 2009/11/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
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)
Verified: 2009/11/04
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
g . Ballot boxes h . Other
Comments:
Source: Article 109 item i) g) gj) electoral Code
Ilirjan Celibashi - Chairman of the Central Election Commission (CEC).
[email protected]
Verified: 2009/11/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
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).
Verified: 2009/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request f . Other
Comments: Election Code: Art. 138: 3. When the CEC, upon the request of parties or on its own initiative, finds that a recount and/or re-evaluation of certain ballots is needed in order to make a decision, it conducts, in the presence of the parties, a recount and/or a re-evaluation of the votes and reflects the conclusion in the official record of the CEC meeting and in its respective
decision. If the request for the recount and/or re-evaluation of certain votes is made by two of its members, the CEC is required to perform the recount and/or re-evaluation of the requested votes.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 138 (3)
Verified: 2017/05/18
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source: Electoral Code, article 111
Verified: 2009/11/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
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
Verified: 2009/11/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
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
Verified: 2009/11/04
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC),
[email protected]
Verified: 2009/11/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments:
Source: Electoral Code, article 110.
Verified: 2009/11/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
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.
Verified: 2009/11/04
Media and Elections
ME001
Please provide information about the person completing the questionnaire.
Name and Title: Attila Vincze
Job Title: reserchear
Organisation: ACEEEO
Contact Address: Budapest; V. Alkotmány street 25. Hungary Postal Address: Budapest; P.O. BOX: 81. 1450 Hungary
Telephone: + 36 1 354 02 65
Facsimile: + 36 1 354 02 64
Email: [email protected]
Source
No Source
Verified
2012/02/21
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
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
Verified: 2012/02/21
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
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
Verified: 2012/02/21
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned d . Owned by political parties
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
Verified: 2012/02/21
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
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
Verified: 2012/02/21
ME006
Question: What proportion of the population can receive transmissions of the national level programming of private radio stations?
Answer:
a . Over 60%
Comments:
Source: Lando, op. cit
Verified: 2012/02/21
ME008
Question: What proportion of the population can receive transmissions of the national level programming of private television stations?
Answer:
a . Over 60%
Comments:
Source: Lando, op. cit
Verified: 2012/02/21
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
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.
Verified: 2012/02/21
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source: Lando, op. cit
Verified: 2012/02/21
ME015
Question: What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
Answer:
a . Over 60 %
Comments:
Source: Lando, op. cit
Verified: 2012/02/21
ME016
Question: 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:
Answer(s):
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.
Verified: 2012/02/21
ME017
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
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
Verified: 2012/02/21
ME020
Question: Who grants licenses/frequencies to private broadcasters?
Answer:
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
Verified: 2012/02/21
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
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
Verified: 2012/02/21
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
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
Verified: 2012/02/21
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
a . Law
Comments:
Source: Electoral Code Art 133 et seq.
Verified: 2012/02/21
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
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
Verified: 2012/02/21
ME026
Question: What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?
Answer(s):
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
Verified: 2012/02/21
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
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
Verified: 2012/02/21
ME028
Question: 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?
Answer(s):
b . Administrative penalty c . Other (specify)
Comments: Ordering of blocking the transmission
Reducing the available transmission time
Source: Art 133 et seq. electoral Code
Verified: 2012/02/21
ME029
Question: Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
Answer:
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
Verified: 2012/02/21
ME030
Question: What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?
Answer(s):
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
Verified: 2012/02/21
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
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
Verified: 2012/02/21
ME032
Question: If so, how well do you perceive this code of ethics to be respected?
Answer(s):
d . Not respected at all
Comments: see B.8.1.
Source:
Verified: 2012/02/21
ME033
Question: Which body, if any, is responsible for regulating free or paid access of political parties or candidates to the media during election campaigns.
Answer:
a . EMB
Comments:
Source: Art 133 et seq. Electoral Code
Verified: 2012/02/21
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Art 133 et seq. Electoral Code Questions 2.5 et seq.
ACEEEO questionnaire on Media and Elections, Albania Question
Verified: 2012/02/21
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Art 133 et seq. Electoral Code Questions 2.5 et seq.
ACEEEO questionnaire on Media and Elections, Albania Question
Verified: 2012/02/21
ME036
Question: Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source: Art 133 et seq. Electoral Code Questions 2.5 et seq.
ACEEEO questionnaire on Media and Elections, Albania Question
Verified: 2012/02/21
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
c . Based on result of previous election
Comments: Electoral Code: Art 80: 1.During the electoral campaign, the Public Radio and Television provides to registered political parties and to the CEC free airtime for campaigning, which is allocated according to the following rules:
a) a total of two hours is provided to the CEC according to the time slots it requests. At least two-thirds of this time shall be between 18:00 and 22:00;
b) for parliamentary parties that received more than 20 per cent of the seats in the last elections to the Assembly, the CEC allocates equal airtime of no less than 30 minutes on the Public Television and the same airtime on the Public Radio; for the rest of the parliamentary parties, this airtime is no less than 15 minutes. If airtime is increased for one party or one respective coalition, the time allotted to another party or coalition shall be proportionally increased;
c) each party that does not hold a seat in the Assembly, but runs in elections is allocated 10 minutes of airtime on the Public Television and 10 minutes of airtime on the Public Radio;
ç) the respective electoral subject must be clearly identifiable on any political programme or advertisement for purposes of electoral propaganda. If the political programme or advertisement is not clearly identifiable, the CEC orders the immediate suspension of its broadcast until the subject is rendered identifiable according to the requirements in this point.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 80
Verified: 2017/05/19
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
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
Verified: 2012/02/21
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
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
Verified: 2012/02/21
ME041
Question: Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source: Art 136, 140 electoral code
Verified: 2012/02/21
ME042
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
Answer(s):
h . Not applicable
Comments:
Source: Art 136, 140 electoral code
Verified: 2012/02/21
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
c . Privately owned
Comments:
Source: Art 140 electoral Code ACEEEO questionnaire on Media and Elections, Albania
Verified: 2012/02/21
ME044
Question: 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?
Answer(s):
c . Privately owned
Comments:
Source: Art 140 electoral Code ACEEEO questionnaire on Media and Elections, Albania
Verified: 2012/02/21
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments:
Source: Art 140 electoral Code ACEEEO questionnaire on Media and Elections, Albania
Verified: 2012/02/21
ME046
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
Answer(s):
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
Verified: 2012/02/21
ME047
Question: Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: Not applicable
Source:
Verified: 2012/02/21
ME048
Question: Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
e . None
Comments: not applicable
Source:
Verified: 2012/02/21
ME049
Question: Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: not applicable
Source:
Verified: 2012/02/21
ME050
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2012/02/21
ME051
Question: Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?
Answer(s):
e . None
Comments: not applicable
Source:
Verified: 2012/02/21
ME052
Question: Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
Answer(s):
e . None
Comments: not applicable
Source:
Verified: 2012/02/21
ME054
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2012/02/21
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: Electoral Code: 84: 3. Private radios and televisions have the right to organize electoral debates between the competing political parties or candidates. In these debates, the private radio/television broadcasters shall preserve the balance between the political parties participating in the debate. In the case of violations, the CEC orders the NCRT to debar the transmission of
the radio/television broadcaster for 48 hours, starting no later than 1800 of the following day.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 84(3)
Verified: 2017/05/19
ME061
Question: Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
Answer(s):
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
Verified: 2012/02/21
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
c . 4-5 days
Comments: Electoral code: Art. 78: 3. The results of electoral polls may not be made public during the last 5 days before the election date and on the election date until the closing of the polls.y.
Source: The Electoral Code of the Republic of Albania, 2 April 2015, art. 78, 3.
Verified: 2017/05/19
ME063
Question: Where, if at all, may exit polls be carried out?
Answer(s):
e . Other (specify)
Comments: There are no rules concerning exit polls
Source: ACEEEO questionnaire on Media and Elections, Albania, Questions 9. 1 et seq
Verified: 2012/02/21
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
d . Other (specify)
Comments: There are no rules concening exit polls.
Source: ACEEEO questionnaire on Media and Elections, Albania, Questions 9. 1 et seq.
Verified: 2012/02/21
ME065
Question: When are the media, by law, allowed to report preliminary election results?
Answer:
c . After all polls close, after official results are available
Comments:
Source: ACEEEO questionnaire on Media and elections, Albania, Question 7.1
Verified: 2012/02/21
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
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.
Verified: 2012/02/21
ME067
Question: What resources does the EMB have for its work with the media?
Answer(s):
a . A media department b . A press officer
Comments: There is a PR department and a spokesman, as well.
Source: www.cec.org.al
Verified: 2012/02/21
ME068
Question: Have staff responsible for media relations received training for this work?
Answer:
a . Yes
Comments: The spokesman is well trained for this work.
Source: www.cec.org.al
Verified: 2012/02/21
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
a . Media packs/press kits b . Press releases c . Press conferences/briefings d . Pre-recorded radio or TV slots e . Web site
Comments:
Source: ACEEEO conference 2004 Tirana
Verified: 2012/02/21
ME071
Question: Which of the following types of radio stations, provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: electoral code 138
Verified: 2012/02/21
ME072
Question: Which of the following television stations provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Art 138 electoral code
Verified: 2012/02/21
ME073
Question: Which of the following daily and weekly newspapers provide free print space to the EMB for voter information campaigns?
Answer(s):
e . None
Comments:
Source: Art 138 Electoral code
Verified: 2012/02/21
ME074
Question: Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: only the free broadcast time is governed by the law
Source: art 138 electoral code
Verified: 2012/02/21
ME075
Question: Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: only the free broadcast time is governed by the law
Source: art 138 electoral code
Verified: 2012/02/21
ME076
Question: Which of the following types of daily and weekly newspapers provide paid broadcast time or print space to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: only the free broadcast time is governed by the law
Source: art 138 electoral code
Verified: 2012/02/21
ME079
Question: Overall, how effective do you judge the EMB's ability to communicate through the media during election campaigns to be?
Answer:
b . Quite effective
Comments: as effective as an EMB in Eastern Europe can be
Source: ACEEEO conference 2004 Tirana
Verified: 2012/02/21
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments: No information is available about a maximum amount that a political party is permitted to spend on paid advertising during a campaign period, but Electoral Code, Art. 90 (3) provides that:
The total expense made by a political party, including their candidates, for an electoral campaign must not exceed 10 times the highest amount that an electoral subject has received from public funds according to article 87 of this Code.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, 90(3)
Verified: 2017/05/19
Direct Democracy
DD001
Please provide information about the person completing the questionnaire.
Name and Title: Attila Vincze
Job Title: reserchear
Organisation: ACEEEO
Contact Address. Budapest, V. Alkotmany street 25. Hungary Postal Address: Budapest, P.O. BOX: 81. 1450 Hungary
Telephone: + 36 1 354 02 65
Facsimile:
Email: [email protected]
Source
No Source
Verified
2009/08/17
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Constitution: Art 150: 1. 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.
2. 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.
Source: The Constitution of the Republic of Albania, art. 81, 150 et seq.
Verified: 2017/05/19
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Constitution:Art 150, 3: Principles and procedures for conducting a referendum, and its validity, are provided by
law.
Source: The Constitution of the Republic of Albania, art. 81, 150 et seq.
Verified: 2017/05/19
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Source: The Constitution of the Republic of Albania, art. 81, 150 et seq.
Verified: 2017/05/19
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments:
Source: The Constitution of the Republic of Albania, art. 81, 150 et seq.
Verified: 2017/05/19
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments:
Source: The Constitution of the Republic of Albania, art. 81, 150 et seq.
Verified: 2017/05/19
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: No recall is possible.
Source: The Constitution of the Republic of Albania.
Verified: 2017/05/19
DD008
Question: 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.
Answer(s):
e . Not applicable
Comments:
Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Verified: 2005/03/17
DD009
Question: 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.
Answer(s):
a . Constitutional b . Specific laws/legislation
Comments:
Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Verified: 2005/03/17
DD010
Question: 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.
Answer(s):
a . Constitutional b . Specific laws/legislation
Comments:
Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Verified: 2005/03/17
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
b . Ban on payment per signature
Comments:
Source:
Verified: 2005/03/21
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
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
Verified: 2006/11/02
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
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
Verified: 2006/11/02
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments: Central Electoral Commission
Source: Art 128 Electoral Code
Verified: 2005/03/21
DD106
Question: 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?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments:
Source: art 138 Electoral Code
Verified: 2005/03/21
DD107
Question: 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?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments:
Source: Art 138 Electoral code
Verified: 2005/03/21
DD108
Question: 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?
Answer(s):
g . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
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
Verified: 2005/03/21
DD011
Question: 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.
Answer(s):
a . Constitutional
Comments:
Source: Artt. 81, 150 et seq Albanian Constitution, Art. 118 et seq. Electoral Code.
Verified: 2005/03/17
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
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
Verified: 2005/03/21
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
i . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
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
Verified: 2006/11/02
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
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
Verified: 2006/11/02
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
h . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
a . Fixed time period (specify)
Comments: for campaign period, 30 days before voting
Source: Art 133 et seq. ELectoral Code
Verified: 2005/03/21
DD116
Question: What is the period during which these controls apply for an initiative?
Answer:
a . Fixed time period (specify)
Comments: for campaign period, 30 days before voting
Source: Art 133 electoral code
Verified: 2005/03/21
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
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
Verified: 2006/11/02
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
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
Verified: 2006/11/02
DD012
Question: 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.
Answer(s):
e . Not applicable
Comments: No recall is possible.
Source: electpral code
Constitution
Verified: 2006/11/02
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments: see D1.1.
Source:
Verified: 2005/03/21
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
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
Verified: 2006/11/02
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
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
Verified: 2006/11/02
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD125
Question: Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
Answer(s):
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
Verified: 2005/03/21
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
b . Independent electoral commission
Comments: Central Election Commission is responsible for referenda.
Source: Art. 153. Constitution
Verified: 2005/03/17
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source: Art. 153 Constitution
Verified: 2005/03/17
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/02
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/02
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/02
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/02
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/02
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
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.
Verified: 2005/03/17
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
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
Verified: 2005/03/17
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source: Art 132 Electoral Code
Verified: 2005/03/17
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
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
Verified: 2005/03/17
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
d . Not applicable
Comments: No recall is possible.
Source:
Verified: 2005/03/17
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
k . None
Comments:
Source: Art. 150 et seq., 177 Constitution
Verified: 2005/03/17
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
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.
Verified: 2005/03/17
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
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
Verified: 2005/03/17
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
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
Verified: 2005/03/17
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
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
Verified: 2006/11/02
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments: There are no mandatory refernda.
Source: Art. 150 et seq., 177 Constitution
Verified: 2005/03/17
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
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
Verified: 2005/03/17
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments: There are no mandatory referenda.
Source: Art. 150 et seq., 177 Constitution
Verified: 2005/03/17
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
b . The numbers of the articles or paragraphs of the legal instruments to which changes are proposed c . An explanatory text d . The full text of the proposal
Comments:
Source: Art 121 and 126 Electoral Code
Verified: 2005/03/17
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments: There are no mandatory referenda.
Source: Constitution, Electoral Code
Verified: 2005/03/21
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
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
Verified: 2005/03/17
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
e . Not applicable
Comments: There are on mandatory refernda.
Source: constituion art 150 et seq. 177
Verified: 2005/03/17
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments:
Source: Art 118 para 3 Electoral Code
Verified: 2005/03/17
DD042
Question: 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.
Answer(s):
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
Verified: 2005/03/17
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
d . Not applicable
Comments: There are no mnadatory referendum.
Source: constitution art 150 et seq. 177
Verified: 2005/03/17
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
a . Always
Comments:
Source: Art 118 et seq. Electoral Code
Verified: 2005/03/17
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
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
Verified: 2005/03/17
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
b . Legislative proposals
Comments:
Source: Art 81 and 150 et seq. Constitution Art 118 et seq. Electoral Code
Verified: 2005/03/17
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
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
Verified: 2005/03/17
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
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
Verified: 2005/03/17
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
a . A number of individuals
Comments: 50.000
Source: Art 150 and 81 Constitution
Verified: 2005/03/17
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
a . A number of individuals
Comments: 20.000
Source: Art 150 and 81 Constitution
Verified: 2005/03/17
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
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
Verified: 2005/03/17
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
a . Proponents of the initiative
Comments:
Source: Art 81 and 150 Constitution, Art 126 Electoral Code
Verified: 2005/03/17
DD053
Question: Who determines the title of an agenda initiative?
Answer:
a . Proponents of the initiative
Comments:
Source: Art 81 and 150 Constitution, Art 126 Electoral Code
Verified: 2005/03/17
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
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
Verified: 2005/03/17
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
e . None
Comments: This peculiar issue is not regulated by the law.
Source:
Verified: 2005/03/17
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
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
Verified: 2006/11/02
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
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
Verified: 2005/03/17
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
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
Verified: 2005/03/17
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
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
Verified: 2005/03/17
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
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
Verified: 2005/03/17
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
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
Verified: 2005/03/17
DD062
Question: When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
Answer(s):
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
Verified: 2005/03/17
DD063
Question: Who decides the final ballot text?
Answer(s):
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
Verified: 2005/03/17
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
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
Verified: 2005/03/17
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
k . Not applicable
Comments: No recall is possible.
Source: Constitution and Electoral Code
Verified: 2005/03/17
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
e . None
Comments: see D.1.1.
Source:
Verified: 2005/03/17
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
d . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/17
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
c . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/17
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
c . Not applicable
Comments: see d.1.1.
Source:
Verified: 2005/03/17
DD076
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
Answer:
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
Verified: 2005/03/21
DD077
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
Answer:
c . Not applicable
Comments: rejective referenda can be initiated in case of amaneding the Constitution
Source: Art 177 para 4 Constitution
Verified: 2005/03/21
DD078
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
Answer:
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
Verified: 2005/03/21
DD079
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
Answer:
b . Other (specify)
Comments: Not regulated by the law
Source: Art 81 Constitution, Electoral Code
Verified: 2005/03/21
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
a . Signatories must be registered b . Signatories must be registered electors in a specific electoral district
Comments:
Source: Art 150 et seq. Constitution, Art 126, 132 Electoral Code
Verified: 2005/03/21
DD081
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source: Art 150 et seq. Constitution, Art 126, 132 Electoral Code
Verified: 2005/03/21
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
a . Signatories must be registered b . Signatories must be registered electors in a specific electoral district
Comments:
Source: Art 150 et seq. Constitution, Art 126, 132 Electoral Code
Verified: 2005/03/21
DD083
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
Answer(s):
a . Signatories must be registered
Comments:
Source: Art 150 et seq. Constitution, Art 126, 132 Electoral Code
Verified: 2005/03/21
DD085
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
Answer:
c . Not applicable
Comments: no recall is possible, see D.1.1.
Source:
Verified: 2005/03/21
DD088
Question: Where can proposals for a rejective referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/21
DD089
Question: Where can proposals for a citizens' initiative be signed?
Answer(s):
a . Anywhere
Comments: This question is not regulated by the electoral code.
Source:
Verified: 2005/03/21
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
a . Anywhere
Comments:
Source: This question is not regulated either by the constitution or by the electoral code.
Verified: 2005/03/21
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD092
Question: What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
Answer(s):
a . Signatories must provide identity/voting card number
Comments:
Source: Art 128 para 1 Electoral Code
Verified: 2005/03/21
DD093
Question: What information must signatories provide when signing the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source: art 177 constitution
Verified: 2005/03/21
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
a . Signatories must provide identity/voting card number
Comments:
Source: Art 128 para 1 Electoral Code
Verified: 2005/03/21
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
a . Signatories must provide identity/voting card number
Comments:
Source: follows from Art 128 para 1 Electoral Code
Verified: 2005/03/21
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments: see D.1.1.
Source:
Verified: 2005/03/21
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
b . Ban on payment per signature
Comments: Paying the voters for a signature is a crminal act.
Source: Criminal Code of Albania
Verified: 2005/03/21
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source: Art 177 Constitution
Verified: 2005/03/21
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
b . Ban on payment per signature
Comments: paying for the voters for a signature is a crminal act.
Source: Criminal Code of Albania
Verified: 2005/03/21
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
d . No information available
Comments:
Source:
Verified: 2017/05/19
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Constitution: Art. 150: 1. The people, through 50 thousand citizens who enjoy the right to vote, have the right to a referendum for the abrogation of a law, as well as to request the President of the Republic to hold a referendum about issues of special importance.
Art. 177: 5. The approved constitutional amendment is put to a referendum when this is required by one-fifth of the members of the Assembly.
Source: The Constitution of Republic of Albania, Art. 150 - 152, 177.
Verified: 2017/05/19
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source:
Verified: 2017/05/19
Voting Operations
VO001
Question: Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
Answer:
f . 41-50%
Comments:
Source: Ilirjan Celibashi, Chairman of the Central Election Commission(CEC),
[email protected]
Verified: 2002/08/30
VO002
Question: Is there a code of conduct for election officials?
Answer:
b . No
Comments:
Source: Ilirjan Celibashi, Chairman of the Central Election Commission (CEC), icelibashi(a)kqz.org.al
Verified: 2003/06/10
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations j . Other
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: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 45, 59, 60.
OSCE/ODIHR Election Observation Mission Final Report on Local Government Elections in the Republic of Albania, 8 May 2011. Warsaw 2011: http://www.osce.org/odihr/81649
Verified: 2017/05/19
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
i . Not applicable
Comments:
Source: OSCE/ODIHR Election Observation Mission Final Report on Local Government Elections in the Republic of Albania, 8 May 2011. Warsaw 2011: http://www.osce.org/odihr/81649
Verified: 2017/05/19
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments: Voting outside the country voting is not permitted.
Source:
Verified: 2017/05/19
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
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
Verified: 2003/06/10
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
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
Verified: 2003/06/10
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
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
Verified: 2003/06/10
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments:
Source: Electoral Code, article 94
Verified: 2005/03/30
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Electoral Code: Art 106:
1. On receipt of the ballot paper, the voter proceeds alone to the voting booth and votes on the ballot paper by marking next to the name of the electoral subject or of the party which is member of a coalition with the sign “x” or “+” or another sign that clearly
indicates the voter’s choice.
2. After making his/her mark on the ballot paper, the voter folds the ballot paper so that the mark cannot be seen but at least one of the stamps on the reverse side of the paper is visible. After leaving the voting booth, the voter deposits the ballot paper in the respective ballot box and leaves the voting centre.
Source: The Electoral Code of the Republic of Albania, dated 2 April 2015, art. 106
Verified: 2017/05/19
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