The Constitutional Court has overturned the Electoral Code for the second time. In the latest decision, the Constitutional Court has abolished the 1% threshold for independent candidates. 

The Electoral Code, Article 162, states that an independent deputy who does not exceed the 1% threshold does not receive a mandate. The Constitutional Court has partially accepted the request of the independent candidate, Elton Debreshi. 

According to the Constitution, the second sentence of Article 162 of the Electoral Code is incompatible. This is the second time that the Constitution overturns the Electoral Code, as the first time was for the quotient. 

Full notice: 

The Constitutional Court of the Republic of Albania in the public plenary session of 28.09.2021 considered the case with the applicant: Elton Debreshi, electoral subject candidate proposed by the voters, with the object: - Repeal of point 1 of article 162 of law no. 10019, dated 29.12.2008 “The Electoral Code of the Republic of Albania”, amended, as incompatible with the Constitution of the Republic of Albania. 

At the end of the examination of this case, the Constitutional Court concluded that the part of the second sentence, point 1, of Article 162 of the Electoral Code, which imposes on the candidates proposed by the voters the same restriction as that of the candidates proposed by the parties. political, or by a coalition of political parties violates the constitutional right to be elected, in relation to the principle of equality in law and the prohibition of discrimination. 
For these reasons the Constitutional Court decided: 

- Partial acceptance of the request. 
- The abrogation, as incompatible with the Constitution, of the second sentence, point 1, of article 162 of the amended Electoral Code, in the part that equates the candidates proposed by the voters with the candidates proposed by political parties, or by a coalition of political parties. 

The reasoned final decision will be announced within the deadlines provided by law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", as amended.