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Albania
2013
EOM
Parliamentary
elections
Consideration could be given to reduce the deadline for the Electoral College to adjudicate pre-election day cases to three to five days (and not later than election day), to provide a right to judicial appeal, and to publish all Electoral College decisions.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Albania
2013
EOM
Parliamentary
elections
The Constitutional Court should refrain from unduly refusing its jurisdiction to review Electoral College decisions and parliament’s decisions for violation of constitutional due process guarantees; expedited deadlines for filing and adjudication of election-related complaints in the Constitutional Court should be provided in the law.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Albania
2013
EOM
Parliamentary
elections
The CEC could consider adopting regulations to develop a framework to file and adjudicate campaign-related complaints for electoral commissions at all levels, including clear jurisdiction and timelines.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Albania
2013
EOM
Parliamentary
elections
Amendments to the Electoral Code could provide for the accreditation of media representatives as such rather than as observers, and to afford citizen observers the same rights as partisan observers.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Observation
Albania
2013
EOM
Parliamentary
elections
All stakeholders should respect a clear separation of partisan observation and the work of the election administration, and comply with the legal provisions.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Citizen and International Observation
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2019
Final report heading:
Voting and Counting
Albania
2013
EOM
Parliamentary
elections
Consideration should be given to establishing a more effective legal process for resolution of disputes against results, with a first instance court review and a right to judicial appeal. The CEC should examine in substance all relevant evidence in adjudicating post-election day complaints. The CEC could better inform electoral subjects of the legal process and of the technical requirements to resolve results-related disputes.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Post-Election day Developments
Albania
2015
EOM
Local
elections
Consideration should be given to enhancing the independence, impartiality, and professional capacity of the election commissions. The law could be amended to allow for non-partisan election commissioners at all levels to depoliticize the election administration. The CEC should impartially implement the letter and spirit of the law. The capacity of the CEC secretariat could be strengthened to ensure the effective exchange of essential information within the election administration.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Election Administration
Albania
2015
EOM
Local
elections
The Electoral Code should be amended in order to eliminate gaps and ambiguities identified in this and previous OSCE/ODIHR reports. The CEC should promptly address any emerging ambiguities and gaps in the law using regulations and instructions.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Legal Framework
Albania
2015
EOM
Local
elections
The legal framework regulating electoral dispute resolution should be comprehensively reviewed to eliminate gaps and ambiguities identified in this and previous OSCE/ODIHR reports, including with regards to subjects entitled to appeal, deadlines for the adjudication of complaints, and the jurisdiction of voter list and campaign-related complaints.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2021
Final report heading:
Complaints and Appeals
Albania
2015
EOM
Local
elections
In order to ensure the secrecy of the vote and integrity of the process, any association between a vote and a specific voter should not be possible.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Legal Framework
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