Home > 1.6 Frequency of elections > ALBANIA - Opinion on the Scope of the Power of the President to set the Dates of Elections
 
 
 
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Paragraph 18
 

In the European constitutional law tradition, it is possible to postpone elections in limited circumstances. This has previously happened for municipal elections and wherever there is a legal basis for it, for instance in Azerbaijan, Bosnia and Herzegovina,21 Canada22 Estonia, Poland, the Russian Federation, Switzerland and Ukraine.23 Such a decision has to be taken by a competent body. This competent body has to be identified in the law or the postponement process should be directly provided for in the law. The competent body to postpone the elections is not necessarily the institution competent to set the date of elections. As far as the Venice Commission is aware, with the exception of a state of emergency, there appear to be no countries where the elections can be cancelled without providing a new date for them.


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21 On the basis of facts indicating that the elections are not possible to be conducted in accordance with the provisions of the law – authority: the Central Elections Commission.
22 By reason of a flood, fire or other disaster – authority the Governor in Council.
23 In 2018, due to the state of martial law – authority: the Central Elections Commission.