Home > 2.4 Complaints and appeals > ALBANIA - Joint Opinion on the Draft Law on the Legislative Initiative of the Citizens
 
 
 
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Paragraph 49
 

The draft law provides for appeals procedures against all decisions of the CEC or other competent authorities. The reference to the Electoral Code concerning time limits and procedures is welcome (Article 17). However, there is a contradiction between Article 17.1 giving competence to the Electoral College (of the Court of Appeals of Tirana) (which only relates to the registration of the signatures) and another provision giving this competence to the Administrative Court of Appeal in the field like in the others (Article 15.6; cf. Articles 6.10, 19.4). It would be suitable that only one court be responsible for appeals against decisions of the CEC. In addition, the CEC is required to support its decisions with an explanatory note, however there are no requirements for the publication of these decisions. The Venice Commission and ODIHR recommend clarifying the competent appeal body against decisions taken on the basis of the draft.To increase transparency, the draft law should be amended to require timely and accessible publication of all decisions over an extended period of time.