FLASH
Shkruar nga Kreshnik Spahiu
So, any attempt to give the mandate to another candidate, like Blerina Gjylameti, would be in open violation of the law and precedents.
The resignation of MP Ogerta Manastirliu, who decided to run for the Municipality of Tirana, is not only a political development, but also a clear test of the principle of legal order in the Albanian electoral system. The issue is expected to be a battle in the Constitutional Court: Who takes the vacant seat in the Assembly?
According to Articles 152 and 153 of the Electoral Code (Law No. 10019, dated 29.12.2008, as amended):
• Article 152, point 3: “In the event of resignation, death or inability to exercise the office, the vacancy of a deputy is automatically filled by the next candidate on the party list, as resulting from the decision on the announcement of mandates.”
• Article 153, point 1: “The ranking of candidates on party lists reflects the vote of the citizens and cannot be changed by the party after the announcement of the result.”
This legal framework is clear: the mandate cannot remain empty, cannot be violated by internal party preference, and must be filled according to the order of the list voted for by the people.
A well-known precedent is the case of MP Arjan Ndoja who won the right to take the mandate due to ranking and was not prevented by gender quota. Despite the complaints and claims of candidate Andia Ulliri for overriding ranking and gender priority of women, the CEC and the College decided not to accept her because the SP had met the % required for women's representation.
One possible interpretation that can be raised is: does the gender quota affect determining who gets the vacant seat? In this case, the SP has 19 seats in total, but 7 are from the open list, where two female MPs were elected: Denaj and Xhaçka.
If the quota is calculated only for the open list, the minimum number of women that must be represented is above the minimum quota.
Rounding down, it turns out 2 women, so the gender criterion is now fulfilled with Denaj and Xhacka. This means that the vacant mandate is not hindered by the gender quota and automatically belongs to the next candidate, Xhemal Qefalia.
This treatment is similar to the CEC's decision for the DP and Andia Uliri, where the request to change the candidate due to the gender quota was rejected and the mandate was given to the next candidate on the list.
Mathematical analysis of quota and ranking
• SP open list: 7 mandates
• Number of women elected: 2 (Denaj, Xhacka)
• Minimum number of women according to the 1/3 quota: 7 ÷ 3 ≈ 2.333 → rounded down = 2
• Conclusion: the gender quota is already met, so the vacancy does not change the ranking. Also, in the closed list of the DP, nearly half of the deputies are women.
So, any attempt to give the mandate to another candidate, like Blerina Gjylameti, would be in open violation of the law and precedents.
Manastirliu's resignation and the automatic filling of mandates according to the list are more than a formal obligation. They:
•Preserve the integrity of the citizens' vote.
• Ensure legal order and political stability.
• Prevent internal maneuvers that could undermine trust in democratic institutions.
The law is final: the vacancy left by Ogerta Manastirliu is filled by the next candidate on the SP list, Xhemal Qefala. The precedents (Arjan Ndoja, Andia Ulliri) and the gender quota calculations are clear and leave no room for other interpretations.
Anyway, there is a law, but there is also "Maliq".
To date, "Maliqi's" stick has shown that it works wonders on the list of MPs, but will the CEC and the Electoral College hold two different standards for the same practices?
Lini një Përgjigje