13 June 2019 STATEMENT OF THE INSTITUTION OF THE PRESIDENT OF THE REPUBLIC
The institution of the President of the Republic has followed closely all the public discussions and opinions, including today’s plenary session at the Albanian Parliament, where it was discussed the President’s decision to revoke the Decree on the date of June 30 as the day of elections for local government.
Instead of being a discussion and reflection on the constitutional, legal, and logical arguments on which the President of the Republic of Albania, H.E. Mr. Ilir Meta, was based on in his decision-making, and instead of being a moment in which a reflection could emerge, in which it could be discussed on the positive actions in favor of the opening of negotiations for membership in the European Union, or in finding a solution for the crisis which the country is experiencing, today, contrary to such expectations, a series of insults were addressed to the Institution of the President of the Republic.
The President of the Republic estimates that this toxic rhetoric does not serve at all, neither for the solution of the crisis nor the social peace in the country.
The President of the Republic emphasizes once more for all Albanians and our trusted international partners, that:
The Decree of the President No. 1199, dated 10.06.2019, on the revocation of Decree no. 10928, dated 05.11.2018 “On determining the election date for the local government bodies on June 30, 2019,” was taken in full accordance with the Constitutional provisions and the fundamental principles assured by it.
This act of the President of the Republic is taken based on fully constitutional arguments; This act is in effect and compulsory to be enforceable by all.
The Act of the President of the Republic for the revocation of the Decree on the date of 30 June as the day of local elections, in accordance with constitutional provisions; referred to constitutional practice; referring to the legal and social relations that it regulates, as well as referring to the constitutional arguments on which it is based, makes the Decree of the President an act of a purely distinct nature, as such, no other than the Constitutional Court can review the validity and its constitutionality.
The decree of the President of the Republic was sent to the Central Election Commission, which has the duty and the responsibility to implement it.
Any noncompliance of its duties and responsibilities by this body is intolerable by law.
Any political or non-political subject that does not agree with the decision of the President of the Republic or opposes the powers the President obtains, has the right to address its claims at the Constitutional Court, or at any other court he or she believes may consider the claims on this matter;
The President of the Republic reiterates once more his position addressed to all Albanians, and not just the political parties, that this decision was taken in full responsibility and evaluation of all circumstances and facts, in order to avoid any possibility of provoking a destabilizing conflict with consequences for the life and health of citizens, public safety and the constitutional order in the country, which on could have culminated in a conflict on 30th of June.
The President of the Republic assures the citizens of Albania that they will vote, on a later date other than 30th of June, in a peaceful environment and in a free and fair order.
For this purpose, for the determination of this new date, since yesterday, the President has started a wide consultation process with all the political forces in the country.
The President will express himself by issuing a Decree for the setting of a new date.
The President of the Republic emphasizes that, in accordance with the Constitutional provisions and the definitons of the Law No.139 / 2015 “On Local Self-Governance”, the conduct of local elections on a date other than that of 30th of June does not affect the interests of the Albanian citizens nor it affects the services they receive from local government bodies in this transitional period.
On this issue, Law no. 139/2015 “On Local Self-Government”, Article 53 paragraph 1 and article 60, point 4, guarantees that:
The current Municipal Councils will exercise their functions until the creation of the successive councils, the composition of which will be formed by the new elections that will be held.
The current mayors of the municipalities will exercise their mandate until the newly elected mayors will take the oath for the functions they will receive.
This is not an extension of the mandate of the local government bodies that are provided by the President of the Republic, but an obligation clearly defined by law no.139 / 2015 “On Local Self-Governance”.
Any allusion that on August 8, 2019, it will occur the termination of the mandate of the current local elected representatives, is a political fiction.
Albanian citizens are provided for by law the continuity in the provision of services by the local government units.
The President of the Republic reiterates his appeal on all political parties to maximize the usage of this timeframe to reflect and respond to the President’s appeal for dialogue in finding an urgent solution to the crisis, including agreeing on a new date, for everyone’s participation in the local elections.
The President of the Republic guarantees once again the Albanian people that he is in office and willing to undertake all the important decisions that will dictate the situation and to the best interest of the country, in accordance with the competences given by the Constitution and with his solemn oath to serve the general interest and progress of all the Albanian people!