Home > 4.1 Parliamentary 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 47
 

For the parliamentary elections, the Electoral Code (Article 162.1) clearly sets a nationwide threshold of votes cast at 1 per cent to allow parties or coalitions to enter the Assembly. For the local elections, the Electoral Code does not clearly set a minimum threshold allowing contesting parties and coalitions for distribution of seats in local councils. Instead, Article 166.3 refers to Article 162 for the purposes of seats allocation in a local council. This lacks clarity on at what territory each contesting party and coalition needs to receive minimum 1 per cent of the votes cast - in each corresponding electoral zone or nationwide. It should be applied at municipality level in order not to exclude minority or local lists from local councils. In line with the principle of legal certainty, the Venice Commission and ODIHR recommend clarifying the definition of the threshold for local elections in the sense that it applies at municipality level, if necessary through a by-law. An amendment of the Electoral Code could be envisaged before the next municipal elections.