Albanian immigrants vote, Central Election Commission reminds the Assembly of Albania to complete the Electoral Code

The Central Election Commission (CEC) in Albania has sent to the Special Commission for Electoral Reform in the Assembly of Albania some recommendations on additions to the Electoral Code regarding voting from abroad.

Albanian immigrants vote, Central Election Commission reminds the Assembly of Albania to complete the Electoral Code
Head of CEC, Ilirjan Celibashi
According to this letter sent by the head of the CEC, Ilirjan Celibashi, the institution that he leads confirms its readiness to provide any contribution that will be required by the Special Commission of Electoral Reform or the Assembly of the Republic of Albania regarding issues of a regulatory nature and technical regarding the implementation of voting from abroad - the Albanian emigrants.

"As you may be aware, the Constitutional Court with decision No. 38 dated 09.12.2022 (V-38/22) in relation to voting from abroad has decided: Partial acceptance of the petitioner's request Association "Diaspora for Free Albania".

Finding the violation of the constitutional right of immigrants to vote in the elections for the Assembly, due to the legal gap. The obligation of the Assembly is to fill the legal gap within one year.

As can be understood from the order of the Constitutional Court, filling the legal gap regarding voting from abroad as soon as possible creates the objective conditions for the Central Election Commission to approve the relevant bylaws, as well as prepare the conditions for conducting voting from abroad for the next elections for the Assembly.

The Central Election Commission confirms its readiness to provide any contribution that will be requested by the Special Commission for Electoral Reform or the Assembly of the Republic of Albania regarding issues of a regulatory and technical nature regarding the implementation of voting from abroad".


Head of CEC, Ilirjan Celibashi

We remind you that the Constitutional Court has rejected the request of some diaspora associations to interpret the fundamental law of the country, for them to ote in the countries where they live.

In a decision taken at the end of December, the College of the Constitutional Court refused to review the request of the diaspora associations, who requested that the Assembly be ordered to complete the legal draft to make this issue possible.

The College of the Constitutional Court, in its arguments, emphasizes that the right of immigrants is guaranteed and the state should facilitate their arrival on the day of the elections in Albania.

Albanian casting his vote in the box in Tirana
Albanian casting his vote in the box in Tirana (archive)
According to the petitioning organization in the Constitutional Court,

"Although the Electoral Code for the first time provided for voting from abroad, this provision remained unimplemented due to the non-approval of by-laws, thus limiting the active right to vote to Albanians residing outside the territory of Albania".

And the College's argument states that:

"Albanian immigrant citizens enjoy political freedoms and rights, provided for by the Constitution and Albanian legislation in force, taking an active part in the political life of the country. The state creates facilities for immigrants who return to their homeland to exercise their right to vote in accordance with the Electoral Code".

According to the Constitution, it is the CEC that has the power to seal the voting process of immigrants, and immediately when it is done, it takes full form in every next election.

In fact, this whole expression of the College of the Constitutional Court is a de jure fact, but so far no one is implementing this decision. Therefore, the Constitutional Court, with a decision or expression of its own, could have put before the obligation, of both the Assembly and the Central Commission.
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