Questions on Assembly Dissolution

Questions on Assembly Dissolution

With a letter directed to the Central Election Commission, where he asks to specify the current number of MPs' mandates on the basis of electoral districts, it seems that the President has taken the first step towards the possibility of the Parliament's dissolution.

The debate is focused on the areas that the constitution can give to the president and if the current political situation justifies this act.

The Constitution provides only 2 cases where the President can dissolve the Assembly. Article 96 gives him the right to undertake this act only when the Assembly fails to elect the new Prime Minister.

Another case is provided in Article 104, which states:

“The Prime Minister has the right to submit to the Assembly a motion of confidence in the Council of Minister.

“In case the motion is voted by less than half of all members of the Assembly, the Prime Minister, within 48 hours of voting the motion, asks the President of the republic to dissolve the Assembly.”

These are the two articles which allow the president to dissolve parliament, but in the political situation which has stagnated progress in Albania and sowed chaos in the electoral system, the President may, refer to article 64 point 1, which states:

“The Assembly consists of 140 MPs, elected with a proportional system with multi-name electoral areas.”

Currently, the Albanian Parliament has 123 MPs, while the opposition has withdrawn from its mandates and their seats are now taken by new MPs.

This may be exactly the moment the President declares the Parliament as "non-representative" because 17 electoral zones do not have an MP.

The Constitution in Article 70 says the members of Parliament represent the people; but the exact interpretation of this is still called into question.

Until a decision, the president's position remains unclear. Until now, the fact is the head of state calls the current Assembly illegitimate and has not hesitated to publicly express it.


 

EMISIONET