Home > 2.4 Complaints and appeals > ALBANIA - Joint Recommendations on the Electoral Law and the Electoral Administration
 
 
 
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Paragraph 109
 

Article 163 provides the procedure for selecting judges on the Electoral College. Clause (3) gives four political parties each the right to remove one of the judges selected by the initial lottery, in a secret manner. Although this may be an acceptable interim provision to foster confidence of political parties, it should be phased out as every effort should be taken to increase the independence of the judiciary.[48] The absence of such a provision should not be problematic as a judge can be challenged pursuant to Article 169 clause (2) and Article 170 clause (2) and excluded from participating in the adjudication, in accordance with the procedure in Article 171 clause (2). The OSCE/ODIHR and Venice Commission recommend that Article 163 of the Electoral Code be reconsidered and that it may be more appropriate to include this provision as a transitional one.