The Constitutional Court said no to the democratization of the Albanian political system

2024-12-25 20:55:44 / IDE NGA ERVIS ILJAZAJ

The Constitutional Court said no to the democratization of the Albanian

Today, the Constitutional Court rejected the request of some small parties to annul the changes to the electoral code, which according to them affect the equality of the vote and political representation. The essence of this battle was the opening of 100 percent lists, in order for Albanians to have the opportunity to choose the deputy they want through their preferences.

The changes to the code with the July pact between Rama and Berisha formally left 2/3 of the list open, but in reality these lists are mostly closed and in the next elections somewhere around 80 or 90 percent of the deputies will continue to be appointed by the mayors and will not be elected by the preferences of the citizens.

The Constitutional Court had a golden opportunity today, with its decision to democratize the Albanian political system, guarantee fair political representation and strengthen the instruments of representative democracy. Of course, court decisions can be discussed, can be criticized, while they are simply implemented. In this sense, Albania will go to the next elections with a code that clearly favors the big political parties. But above all, it favors the position of the party leader, on whom most of the deputies who will be in the next parliament will depend.

Without getting into technical discussions of the decision, which legally can be as decided by the Constitutional Court, a political analysis of what it has brought so far and what it will bring in the next elections can be done. Closing the political system through this electoral system that strengthens the presidential democracy is a political agreement of Sali Berisha and Edi Rama since the constitutional changes of 2008. An agreement that continues to this day with the changes to the code in July of this year. There is no doubt that this electoral code has strengthened the political position of the Rama-Berisha duo, who since 2008 have continued to dominate the political life of Albania, and will probably continue to dominate it. Therefore, the agreement between them in this regard is clear and open.

The Democratic Party had a golden chance to send a different message through the code changes in July. A message that resonated with Albanian citizens, who in the majority want open lists. However, Mr. Berisha, being in a weak political position, chose to dominate the party rather than open it by voting a code that is anti-democratic. Taking into account the polls that show the Democratic Party around 30 percent, there is a risk that all its deputies will come out of the part of the closed list and none of the citizens' preferences. In this way, this code made it a closed party and totally dominated by Berisha, which is its main goal.

Of course, electoral systems, all of them, have their advantages and disadvantages. No electoral system is absolutely good or absolutely bad. Even the one we have has its advantages. However, when a certain electoral system is applied in a country, the main political problems must be taken into account and an electoral system that cures those problems is chosen. The main problems that Albania has today and has always had, are undoubtedly the personalization of politics, the reduction of the parliament to a subordinate body of the government, as well as the reduction, even the degradation of the role of the deputy.

This electoral system that we are going to the election, not only does not cure these problems, but emphasizes them even more. Albanians currently do not vote for either the executive power, the legislative power, or the judicial power. Albanians vote only for political parties. Therefore, this electoral system has created a partyocracy which is dangerous for Albanian democracy. The Constitutional Court, with today's decision, lost the chance to cure the problems of democracy and the Albanian political system.

 

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