Home > 4 Types of elections > 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 32
 

The procedure for the adoption of the amendments to the Constitution was extremely hasty. While the Venice Commission and ODIHR will not analyse the conformity of the revision process with internal law, they cannot but remark that the formal procedure in the Parliament was extraordinarily short (about one week), and the whole process from the presentation of the initiative to its adoption lasted only one month. There are no international standards on how long the procedure in the Parliament has to last, but it has to guarantee a public discussion of the amendments in substance. The Albanian authorities informed the Venice Commission and ODIHR that the initiative for the revision of the Constitution was presented on 30 June; that hearings took place with Representatives of civil society in the field of human rights protection on 3 July, with representatives of the academic world on 6 July, with state institutions and international partners on 7 July. However, the hearings were held only a few days after the initiative was presented, which begs the question if the said stakeholders were in a position to properly assess the draft amendments. Even if the Prime Minister explained that the possibility to organise public consultations was limited due to the COVID-19 measures, it remains a fact that the whole process was hasty, given the potential importance of the constitutional amendments for the coming election. Moreover, the adoption of the amendments to the Constitution took place just less than 9 months before next elections. In such a case, the consultation among the political stakeholders and non-governmental organisations is especially important. The same concerns apply to the adoption of the 5 October amendments to such a fundamental legislation as the Electoral Code.