But is a political solution possible without resorting to these? Fehmi Abdiu, one of the drafters of the Constitution, says that the elections can only be postponed within the legal deadline, meaning, a week at the most. After this, the only scenario remaining is the one of early elections, if the President fails to be elected. But, there is no formula to force Edi Rama into abdicating from the post of Prime Minister for as long as he has the votes in Parliament. The government continues to be in office regardless of the elections being postponed or elections taking place earlier than scheduled. Rama’s resignation is only a matter of will or votes in Parliament. But what if no elections are held on June 18, like the opposition warns or if the elections do not meet standards? Even this does have a solution…
Interviewed for Albanian Free Press by Alket Aliu
How do you consider the result of the political negotiations led by the two MEPs?
This time too, Albanians wasted a chance which could have major consequences. The arrival and departure of the negotiators without achieving anything, is once again a proof that Albanian politicians are unable to reach consensus. They don’t want peace, freedom and understanding.
I think that the DP is extremely speculating with its rights as an opposition. Its claims that it will only engage in dialogue if a caretaker government is formed, are nonsense. They serve as an attempt to seize absolute power without being entitled to it.
The fact that the talks were conditioned with the creation of a caretaker government was the main factor that led to this failure.
I think that the international community has done everything for Albania and Albanians and one day, as a result of future events, leaders of the Democratic Party may be held legally accountable.
What events are you referring to and what are the motives that may lead to the DP to be held legally accountable?
Their declarations and incitements for civil disobedience are provocative activities for the majority and voters in general. The DP is ready and is seriously threatening the majority and the Albanian people that it will bring back the sad events of 1997, which had painful costs for this country. Even if it doesn’t admit it, by behaving this way and by escalating civil disobedience, it will confront its militant with militants of the Socialist Party and this, in turn, can lead to other criminal acts.
I find the incitements of the Democratic Party leaders for civil obedience as absurd and I don’t know how they came up with this theory. People don’t know what is legal and what is not. They don’t know what is criminal in a civil disobedience. I don’t even know how they came up with the concept of the new Republic or the second Republic.
This concept is mentioned in constitutional doctrine only in theory, but in practice, Albania has a Constitution which doesn’t say anything about a first or a second Republic. The only thing that it sanctions is the parliamentary republic. How can the leader of this political force create the concept of new Republic, while up until yesterday, he has led important sectors of the state in this republic, in the government and Tirana City Hall. What’s more, during the time that his government was in power, there have been criminal acts with painful consequences for Albanian people.
The proposals of the two MEPs also included the possibility of postponing the election date. Is this a legal solution?
The postponement of the elections up to a certain date is legitimate, but this must be within the electoral period, which ends on 30 June. In this case, the elections can only be postponed until the last Sunday of the month or 25 June. But this doesn’t address the problem, because the new deadlines for the registration of opposition parties have expired. Elections which are held outside the legal deadline do not generate any type of majority in parliament. This could only happen in case of a failure to elect the President to create premises for other elections or early elections.
Even during the negotiations held in the past few days, the sides could make the election of the President part of a political solution, but nobody mentioned this.
They could declare that it was impossible to elect him. This would lead to Parliament to be dispersed and for the country to head to snap elections within a period of 45 days. But this is a process where there are no winners. Not even the DP, because it will say the same things during the electoral campaign, regardless of when the elections are held. But this is a costly process for the country, for Albanians, for political forces and even for DP.
Is there a way to have a government without Rama as PM, as a form of compromise, for instance, through these snap triggered elections?
If political players artificially create such situations to justify the failure to elect the President, then premises for early elections are created. Political parties may choose to come up with a new set of compromises to head to elections with the opposition. But, in essence, snap elections only have one practical advantage: Renewing deadlines for the registration of opposition parties. The Prime Minister continues to remain in office for as long as he has the votes in Parliament. A snap election doesn’t mean a new government or a caretaker government. This can only happen if the majority accepts it. Another solution could be a government led by Rama, but with a few opposition ministers in it. There are no legal formulas for Rama to be overthrown as a result of postponed or snap elections.
Let us take a hypothetical scenario which has been announced by the Democratic Party: The elections are not held on 18 June. What does the Constitution stipulate in such case?
I think that the elections will be held. They will be normal elections and will meet all constitutional standards. But even if there are problematic situations, then there are legal measures which can be taken. In such a hypothetical case, if the elections are declared invalid by the Central Election Commission, the President of the Republic is obliged to decree fresh elections within September, which means, within this parliament’s term. The majority and government cabinet will not change until the new election. Parliament remains in office, although it may have been dissolved. It can convene at any time when there are important events.
