|
AHC
shares the idea that articles 6 and 7 of this guideline are in
contradiction with item 4 of the article 29 of the Electoral Code
Tirana,
June 8 .2005
To
:
Mr. Ilirjan Celibashi
Head
of the Central Electoral Commission
Central
Electoral Commission
From:
Ms. Vasilika Hysi
Executive Director
Albanian Helsinki Committee
Tirana
Honorable
Mr. Celibashi,
After
we got to know the CEC guidelines Nr. 10, dated 13.05.2005, ‘On
the collection, administration and publication of information about
the vote-counting process on the elections of the Albanian
Parliament’ our attention was attracted by the content of articles
6 and 7 that state respectively:
“After
receiving the information from ELC-s, CEC after processing it, makes
its dynamic publication at a constituency level. As regards the
result of the political parties and/or coalitions, the publication
is made at a national level. The publication of the aforementioned
information is achieved through the media room, electronically and
in a print way and also in the website of CEC.’
Whereas
in article 7 of the guideline it is stated: ‘In any case, the
published information from CEC is attached to the total number of
Polling Stations (PS) in the respective electoral constituency and
the number of PS-s on which the given result is estimated.’
From
the content of the aforementioned provisions, it comes out that CEC
based on the information from ELC-s has the right to publish the
election results in its dynamics at a constituency level. This means
that CEC based on this guideline is allowed to announce the
preliminary election result.
AHC
shares the idea that articles 6 and 7 of this guideline are in
contradiction with item 4 of the article 29 of the Electoral Code
where it is expressively stated that CEC ’announces through a
decision, the final result of the elections at a national level,
based on the results announced by the ELC-s and after the conclusion
of the review of court complaints. The announcement is made not
later than 3 days from the date when CEC gets all the official data
from the electoral commissions and the judicial decisions according
to this Code’
To
AHC it is clear that CEC while implementing the law (article 29,
item 1 of the Electoral Code) has the right to issue guidelines, but
considering that the content of the above provision doesn’t allow
for preliminary publications or publications in dynamics either at a
constituency level or at a national level.
Respectfully
yours,
As
Prof..Dr.Vasilika Hysi
Executive
Director
|
