Home > 6 Political parties > ALBANIA - Joint Opinion on the Amendements to the Constitution of 30 July of 2020 and to the Electoral Code of 5 Octobre 2020
 
 
 
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Paragraph 29
 

However, the large majority in the Assembly has to be considered in the specific Albanian context of 2020. Nearly all MPs from the opposition parties present in Parliament in 2019 resigned and since then constitute the extra-parliamentary opposition. The Venice Commission and ODIHR cannot but regret opposition MPs left Parliament and thereby refrained from having any political influence on the amendments. These MPs were replaced by parliamentarians who were next in the lists (these MPs now constitute “the parliamentary opposition” - the Parliament is now composed of 122 members instead of 140). The Venice Commission and ODIHR recall that parliamentary mandates belong to individual MPs and not to parties, in conformity with the principle of a free and independent mandate, and that “party-administered mandate” goes against the European electoral heritage. The impossibility to lift a mandate is strongly connected to the principle of the free mandate. Moreover, the Venice Commission and ODIHR consider that the fact that Parliament is not composed of the full number of members is in itself not problematic with a view to international standards, given that it operates in line with the constitutionally prescribed quorum.