Alibeaj Group Asks KAS to Review CEC Decision on DP Registration
The head of the Democratic Party Parliamentary Group, Enkelejd Alibeaj, has appealed to the Commission of Appeals and Sanctions (KAS) the decision of the CEC (Central Election Commission), for not registering this party in the local elections, due to deficiencies in the documentation.
With this move, Alibeaj requests the annulment of the decision of the CEC, which gave DP 48 hours to complete and resend the request.
We remind you that the deadline set by the Central Election Commission for completing and resending the request for election registration ends this Saturday at midnight, while the legal representative, Idrit Sefa, made it clear earlier today that such a thing will not happen, as according to him the documentation is correct.
According to the official DP, the State Election Commissioner has assumed a political position to hinder the DP in the elections.
"The State Commissioner of Elections has assumed a political position to hinder the DP in the elections. He has publicly announced two justifications for this:
1. The authorization has 'spelling errors', because the wording should not have been 'for the registration in the general local elections of 2023, according to the date set by the Decree of the President of the Republic', but according to him it should have been 'for the registration in the elections for local government bodies on May 14, 2023'.
For this claim he does not refer to any letter in any law, it simply refers to its aesthetics in expression.
2. The declaration of solemn commitment is a non-transferable act, or non-delegable to third parties, because it is an individual act of the person and the exclusive act of the party chairman, who is responsible before the law for not fulfilling that responsibility.
In fact, the statement not only does not bring legal responsibility, but it is an act, where the Chairman of the Party (as the person who represents the party in relation to third parties) takes a solemn commitment in the name and on behalf of the party, not as an individual or natural person. The declaration has the character of a public message that the Party directs to the citizens through the CEC, so that its structures and supporters are not involved in illegal activities of buying and selling votes or accepting funds from criminal sources. As a formal declaration, in the name of the party, it is not only transferable, but completely without any effect on the elections. Like any other act, the law really says it is signed by the Chairman, because the latter is by law the representative of the party in relation to third parties, but this does not give the act an individual character.
The most important acts for the elections are transferable to the Commissioner (party registration; presentation of candidates; appointment of election administrators); but not the public message, quite formal, of the Party. Even in this case, he goes with the logic that "I like this to be done this way, while I want the other one that way".
In this sense, the mess intentionally created by the Commissioner makes the CEC serve more as a propaganda office than as an election administration office. There is no more serious damage to the elections than the transformation of the CEC into an office of propaganda and political perceptions.
Moreover, the Commissioner publicly set a deadline of 48 hours, but at the expiration of this deadline, he came out publicly and affirmed that the deadline expires at 12 midnight (60 hours). In fact, the deadline expired at 10 o'clock in the morning, at which time Ilirjan Celibashi had the obligation to make the final decision. He hid, waiting for his decisions to be taken by others. Legal responsibility required not to hide behind the KAS, deliberately not exercising the duty and trying to stay loyal to the political positions that he has assumed.
The Democratic Party of Albania informs the public opinion that it has just filed an appeal to KAS, against the illegal personal decision of the Commissioner, calling for a quick and professional review, without political influence and in accordance with the law," it is said in the DP announcement.