Elections and Implementation of the Law of Elections in Albania

Abstract

After the overthrow of the dictatorial system as in Albania in the year 1990, elections are the only legitimate way for the creation of government. In the new political system pluralist democratic governance based only on general elections, free, equal, and periodicals. It became necessarya series of constitutional and legal regulations for elections and election rights. With new laws were arranged particularly and completely realization of this right. The main legal obstacle to democratic elections was the socialist constitution of 1976. Step immediate legislative, that was taken, socialist constitution was abrogated, in force since 1976 in Albania, and adopted a new basic law, with temporary power, until the adoption of a new constitution, which will be the basis of a new political system which was decided in our country after 1990. The main legal acts arranged elections and election law in the new political system are: first, constitutional normative acts, such include law for "Major constitutional provisions" adopted in 1991, constitutional amendment " On rights and freedoms of man", adopted in 1993 and constitution, adopted in 1998. Second, laws, in the which belong the laws on elections and electoral code adopted in 2000. Thirdly are other normative legal acts that governing the conduct of elections and the exercise of the right of election in the our country. The paper treats the elections as the only way to govern, governments that do not come from elections are considered unconstitutional and not legal. The paper treats the constitutional guarantees for elections and election law. The right of election is considered political fundamental constitutional right, This right is guaranteed by the constitution, is the backup of the constitution and can not be limited or denied to any other normative act. The paper treats the the right adjustments election to election law (Election Code). The Constitution orders that the exercise of the right of election, as constitutional political right,be regulated by a special law. The paper treats the provisions of the electoral code to ensure the exercise of this right policy. The paper also deals with the regulation and protection of the right of election from other legal acts, primarily criminal legislation and administrative. In criminal law prescribes a number criminal offenses that directly protect elections and election law. Place on paper has the jurisprudence of the Constitutional Court and the ordinary courts about the elections and election law.

DOI: 10.5901/mjss.2015.v6n2s5p155