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The CEC did not register him in the May 14 elections, Berisha is appealing the decision to the KAS

2023-03-11 13:00:31Politikë SHKRUAR NGA REDAKSIA VOX

The CEC did not register him in the May 14 elections, Berisha is appealing the

Sali Berisha has complained to KAS about Ilirjan Celibashi's decision not to recognize him as leader of the Democratic Party and not to register him in the elections.

In the argumentation of the annulment, Berisha, who signs as the chairman of the Democratic Party, writes that all the facts, indications and evidence at his disposal clearly and irrefutably prove that the PD represented by chairman Mr. Sali Berisha must be registered as an electoral subject by the CEC.

Berisha's arguments: 

1. The Democratic Party of Albania has made available to the CEC, all the legal documentation on the basis of which it is easily proven that the leader of the Democratic Party is Sali Berisha.

2. The Constitution of the Republic of Albania, in Article 4, point 1, provides that: "The right constitutes the basis and limits of the activity of the state". In this particular case, the CEC cannot reject the registration of the DP represented by Sali Berisha based only on the lack of a document from the register of political parties, where, unfortunately, the register continues to contain inaccurate and outdated data, dating back to the registrations of the year 2018.

3. The CEC must read and interpret the Electoral Code in its entirety, without analyzing the various provisions of the Code separately. Specifically, for the determination of the head of a Political Party, the CEC cannot base it on information only and exclusively from the register of political parties (Article 64 of the Electoral Code), ignoring the universally known facts which have the force of proof according to the Article itself 139, point of the Electoral Code, Referring to this provision of the Electoral Code, it is very clearly defined that: "For the facts, which are known worldwide, as well as for those facts, which are known to the CEC, due to the functions of it, no verification is needed. Applied in the specific case regarding the issue of reflecting the name of the President of the Democratic Party in the register of political parties,

(i) Dismissal of Lulzim Basha from membership of DP in the Assembly on December 11, 2021 and confirmed by the Referendum of December 18, 2021:

(ii) The public resignation of Lulzim Basha on 21.03.2022: as well as

(iii) The election of Sali Berisha as the Chairman of the DP after the membership referendum in May 2022. 4. Based on the above, the State Election Commissioner could not take into account the request for registration presented by the representatives of the former Chairman of DP Lulzim Basha, for as long as it is a universally known fact that Basha has been dismissed from the membership of the DP, and it is also a universally known fact that on March 21, 2022, the latter publicly resigned from the position he continued to hold unjustly. In the file registered at the CEC on 05.03.2023, PD has also presented the decisions taken by the National Assembly on December 11, 2021, where one of the decisions is the dismissal of President Lulzim Basha. Also, it is a universally known fact that Lulzim Basha resigned of his own free will on March 21, 2021.

5. For as long as the news of Lulzim Basha's resignation has been public, widely broadcast by local and foreign media, we think that the CEC could also have learned about this fact, known worldwide, also because of its functions in the organization of the electoral processes of subjects or political parties.

6. However, with this appeal, we, the petitioners, are also presenting evidence of the publication of the news/fact known worldwide, that on 21.03.2022 Lulzim Basha publicly resigned from the leadership of the Democratic Party. Since that date, former President Basha has not only withdrawn from active political life, but has almost abandoned the institution of the Parliament of Albania, where he continues to hold the office of deputy.

7. On the other hand, it is a universally known fact that the election of Lulzim Bashe in 2021 has been contested in the Court since June 2021 by his rival in the race, Edith Harxhi. So L. Basha's appearance on the party register sheet is neither current nor final. Second, Lulzim Basha was dismissed from the Assembly of DP on December 11, 2021. The Court of Appeal did not overturn the Assembly of December 11, but the court decision that ordered his registration in the Party register and ordered his reconsideration, including the dismissal of Lulzim Basha and thirdly, Lulzim Basha resigned on March 21, 2022.

8. If we deal only with resignation, it is worth noting that the Constitution and the law recognize resignation as the main mechanism for the premature termination of a constitutional (resident, portrait of the prime minister, etc.) or legal mandate. When resignation is given, there is no discussion because it is an individual act of will. The consequence is the immediate termination of the mandate. To return to the mandate, the person must be re-elected or re-appointed. The DP Statute has the same provisions: When a chairman resigns, a new one must be elected in the interim period. The National Council must choose one of the vice-presidents to temporarily exercise the duty of the president until the new one is elected (not until the old one wakes up).

The CEC did not register him in the May 14 elections, Berisha is appealing the


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