Home > 4.5.1 Elections of the local executive body > ALBANIA - Opinion on the Scope of the Power of the President to set the Dates of Elections
 
 
 
Download file    
 
 
Paragraph 86
 

(e) There is a qualitative difference between both the constitutional rules pertaining to, and, the status of parliamentary and local elections. Even recognising that local elections are essential to democracy overall, parliamentary and local elections are not of the same constitutional status. Parliaments – specifically the Assembly in Albania – is not only a constitutional, but also the constituent body (see Article 117 of the Constitution). Parliaments have a decisive role in establishing and controlling other state institutions and its officials. Local authorities are also important, having regard to their being elected bodies and their officials exercise public authority on behalf of the sovereignty of the people, but local authorities are not constituent but only constitutional bodies. It follows from this that postponement of local elections is not as significant or detrimental to the constitutional functioning of a state as an possible postponement of parliamentary elections would be. In the Albanian case, this difference is represented by the lack of a similar constitutional rule for local elections than Article 66 of the Constitution regarding the Assembly: even if local governments are elected for four years (Article 109(1) of the Constitution), there is no explicit rule stating that the mandate of the local government can be extended solely in the case of war and only for so long as it continues.