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The Presidency responded by explaining why Freddy Belleri had to appeal the Central Election Commission’s decision to revoke the authorization within a 30-day deadline before announcing the date for new elections in Himara.
The explanation of the Presidency clearly states that, according to the provisions of the Albanian legal system, if a vacancy occurs, the President of the Republic is activated upon notification and has 48 hours to act.
The presidency also added that the decree on the new election date does not prevent Belair from appealing the decision and requesting his rights before the relevant institutions.
But after the opposition reacted, the leader of the Democratic Party parliamentary group, Gazmend Bardhi, reacted again by announcing the law and labelling President Begaji not only a servant of Rama but also ignorant.
“Not only is he a common servant, he is also ignorant. So according to Edi Rama’s soldiers, the city of Kavaje is run by the opposition and a letter from Don Agassio of the Incinerator is enough for him to announce elections in Kavaje without verifying if there is really a vacancy?! Law,” Buddy wrote.
The Bureau’s full response:
The President of the Republic sets the date of the election upon receipt of the official notification of the vacancy. The President of the Republic is not the body that decides on vacancies, as it does not take into account previous proceedings nor cases of administrative appeal.
The President acts by notification. In the Albanian legal system, there is only one legal way to replace the President of the Republic in case of a vacancy in the local government. That way is the notification way of the Council of Ministers.
The president has only 48 hours to consider the case.
By-elections are held according to a strict statutory calendar. Statutory deadlines are binding.
The procedure for setting the election date and the procedure for appealing administrative actions are both legal and coexist. If there is a conflict between them, the court with jurisdiction has the right to resolve the conflict.
The legal means of protecting legitimate interests are not abolished by the enactment of electoral procedures.
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