Politikë

Distribution of mandates for deputies, the Constitution full decision: It does not remove the quotient but requires proportionality

Distribution of mandates for deputies, the Constitution full decision: It does

Following the preliminary decision, the Constitutional Court has unveiled the full decision of June 30 regarding the lawsuit by the Democratic Obedience and the Democratic Movement for Change to repeal the article that distributes the mandates of the deputies according to the quotient. The Constitutional Court has not completely abolished the quotient, but considers the measure of this quotient unconstitutional.

According to the reasoning of the judges, in determining the quotient from which the deputies of the Parliament are announced, no restrictions should be set to a greater extent than is necessary to achieve the objectives: Respect for the right to vote and the principle of equality of vote.

The prediction of the quotient regarding its numerical value defined in point 3 of article 163 of the Electoral Code as one of the criteria that affects the distribution of mandates, violates the right to choose as it does not meet the criterion of proportionality, the court said.

But Judge Altin Binaj spoke against the majority, stating in the decision that "the criterion of proportionality is not violated and therefore the rejection of the request should have been decided".

The two reasons of the Constitution:

1-The Court finds that the preferential voting by the voters applies to all candidates on the list, regardless of their ranking by the electoral subject. In the following, the number of mandates won by the electoral subject divides his multi-name list into two parts and the preferred vote rearranges the candidates in each part according to the result. In conclusion, the quotient provided in point 3 of article 163 of the Electoral Code is applied for the candidates listed in the list below the number of mandates won.

2-The Court considers that the claim of the interested subject, the Assembly, according to which the Constitution does not provide for the ranking to be done according to the preferred vote and that this vote is not decisive in the distribution of mandates, does not stand. The right of pre-emptive voting of voters, provided for in Article 64, point 3 of the Constitution, can not be interpreted as valid only to express their preferences, but affects by bringing a restriction on the distribution of seats.

Distribution of mandates for deputies, the Constitution full decision: It does

With this decision in the next elections, the quotient can be calculated differently, but it is not known how the Assembly will implement it with the required changes.

The full decision is as follows.

* Tiranapost.al.

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