Office for Democratic Institutions and Human Rights

REPUBLIC OF ALBANIA

LOCAL ELECTIONS
14 MAY 2023

ODIHR NEEDS ASSESSMENT MISSION REPORT

8-11 November 2022

Warsaw
15 February 2023
 TABLE OF CONTENTS

I. INTRODUCTION ....................................................................................................................... 1
II. EXECUTIVE SUMMARY ......................................................................................................... 1
III. FINDINGS ................................................................................................................................... 3
A. BACKGROUND AND POLITICAL CONTEXT .................................................................................. 3
B. LEGAL FRAMEWORK .................................................................................................................. 4
C. ELECTORAL SYSTEM .................................................................................................................. 5
D. ELECTION ADMINISTRATION ...................................................................................................... 5
E. VOTER REGISTRATION................................................................................................................ 6
F. CANDIDATE REGISTRATION ....................................................................................................... 7
G. ELECTION CAMPAIGN ................................................................................................................. 8
H. CAMPAIGN FINANCE ................................................................................................................... 9
I. MEDIA ......................................................................................................................................... 9
J. COMPLAINTS AND APPEALS ..................................................................................................... 11
K. CITIZEN AND INTERNATIONAL ELECTION OBSERVATION ........................................................ 11
IV. CONCLUSIONS AND RECOMMENDATION .................................................................... 11
ANNEX: LIST OF MEETINGS ........................................................................................................ 13
 REPUBLIC OF ALBANIA
LOCAL ELECTIONS
14 May 2023
ODIHR Needs Assessment Mission Report

I. INTRODUCTION

In anticipation of an invitation to observe the 14 May 2023 local elections and in accordance with
its mandate, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) undertook
a Needs Assessment Mission (NAM) to Albania from 8 to 11 November 2022. The NAM included
Alexey Gromov, ODIHR Senior Election Adviser and Kakha Inaishvili, ODIHR Election Adviser.

The purpose of the mission was to assess the pre-election environment and the preparations for the
elections. Based on this assessment, the NAM recommends whether to deploy an ODIHR election-
related activity for the forthcoming elections, and if so, what type of activity best meets the
identified needs. Meetings were held with officials from state institutions and the election
administration, as well as representatives of political parties, media, civil society, and the
international community. A list of meetings is annexed to this report.

ODIHR would like to thank the Ministry for Europe and Foreign Affairs of the Republic of Albania
and the OSCE Presence in Albania for their assistance in organizing the visit. ODIHR would also
like to thank all of its interlocutors for taking the time to meet with the NAM and to share their
views.

II. EXECUTIVE SUMMARY

On 24 October 2022, the President called local elections for 14 May 2023. The elections will take
place in all 61 municipalities in an environment of continued deep polarisation between the ruling
and the opposition parties. The last 2019 local elections were held without the participation of the
opposition parties, which resulted in the ruling Socialist party-led coalition winning all mayoral
positions. Mayors are elected in first-past-the-post contests, and municipal councils under a closed-
list proportional system.

The legal framework for the elections was significantly amended in 2020, partially addressing
ODIHR electoral recommendations. Among others, changes were introduced to the structure of the
Central Election Commission (CEC), procedures for voter identification on election day, candidate
nomination, campaign rules and campaign finance. Nonetheless, many previous ODIHR
recommendations remain unaddressed, including those related to de-politicisation of lower-level
election commissions, suffrage rights of persons with intellectual or psychosocial disabilities,
criminal liability for defamation, and equal rights of party and citizen election observers.

The elections are administered by the CEC, 92 Commissions of Electoral Administration Zones
(CEAZ), some 5,200 Voting Centre Commissions and counting teams formed in each of the 92
Ballot Counting Centres. Preparations for the elections are ongoing, and the CEC has regulated
various aspects of the ongoing electoral process. Many ODIHR NAM interlocutors highlighted the
overall efficient, transparent and consultative work of the CEC. At the same time, some raised
concerns regarding the impartiality of the lower level election commissions.

Voter registration is passive, and some 3.6 million voters are registered for the upcoming elections.
Citizens found incompetent by a court decision cannot vote, which is at odds with international
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standards. The Ministry of Interior is currently implementing activities aimed at improving the
accuracy of the voter lists. No significant issues related to the accuracy of the preliminary voter
lists and voter registration in general were raised by ODIHR NAM interlocutors.

The elections can be contested by candidates nominated by political parties and coalitions of parties
or independent candidates nominated by groups of voters. The Electoral Code requires that each
list of candidates for local councils equally represents men and women, by alternating the gender
with every second candidate. Political parties have to register as electoral subjects with the CEC
by 6 March and coalitions by 15 March. Electoral subjects have to submit candidate lists by 27
March.

Women are well represented in ministerial positions, holding the majority of the posts in the current
government. However, they remain under-represented in parliament, holding 50 out of 140 (36 per
cent) seats. In 2021, the government adopted a National Strategy for Gender Equality which aims,
among others, to ensure equal participation and representation of women and men in political life
and public decision-making at the local level.

The official campaign period begins on 14 April. All ODIHR NAM interlocutors expected the
campaign to be held largely through public meetings, broadcast media and social networks. While
no significant issues were raised about the ability of political parties and candidates to campaign
freely, most ODIHR NAM interlocutors raised concerns about the potential wide-spread practice
of misuse of administrative resources by the ruling party, including pressure on public employees.
Many interlocutors noted the increased rate of employment in the public sector on short-term
contracts covering the electoral period, and raised concern in relation to the possibility of vote-
buying and ‘organized’ voting, especially within the socially vulnerable communities.

The law sets limits for donations and expenditures for campaign finance and provides disclosure
requirements. The CEC oversees compliance with campaign finance regulations and is authorized
to apply sanctions. In addition, the CEC is authorized to scrutinize all events held by public
institutions and check if there is any misuse of public resources. Several ODIHR NAM
interlocutors described the current campaign finance oversight mechanism as not providing for
sufficient transparency, in particular of private funds used for the campaigns.

The Electoral Code requires the media to provide unbiased information and to treat contestants
equally. The scale of media coverage of party activities is determined by a party’s parliamentary
representation. The media environment is diverse but politically polarized. According to some
ODIHR NAM interlocutors, many broadcasters favour the government or follow media owners’
interests. Some ODIHR NAM interlocutors raised serious concerns that both government
institutions and political parties limit access to information on their activities.

Electoral contestants have the right to file complaints against election management bodies.
Decisions of the Commissioner and the CEAZs, including those concerning election results, may
be appealed to the Complaints and Sanctions Commission (CSC). Decisions of the CSC and of the
CEC Regulator can be challenged to the Electoral College of the Court of Appeals of Tirana whose
decisions are final. Some ODIHR NAM interlocutors noted a lack of confidence in the impartiality
of electoral dispute resolution by the CSC and the Electoral College.

The law provides for international and citizen election observation. All contestants may appoint
observers, and the right to appoint observers within a coalition rests solely with the coalition and
not the parties within it. Several citizen observer groups informed the ODIHR NAM of their
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intention to observe the elections, including the election administration and other components of
the electoral process and use of administrative resources in these elections.

All ODIHR NAM interlocutors confirmed the need for a large-scale ODIHR election observation
activity in all regions to ensure an independent assessment of the electoral process. Representatives
of state institutions acknowledged the added value of ODIHR electoral recommendations for
improving the electoral framework and practices. Many interlocutors placed a particular emphasis
on the need for the observation of the pre-election day period, especially with respect to use of state
resources. Many aspects would merit specific attention, including the work of the election
administration, use of new technologies in the elections, the campaign and its coverage by the
media and online, campaign finance, resolution of election disputes and election day procedures.

Based on these considerations, the ODIHR NAM recommends the deployment of an Election
Observation Mission (EOM) for the 14 May 2023 local elections. In addition to a core team of
experts, the ODIHR NAM recommends the secondment by OSCE participating States of 24 long-
term observers to follow the electoral process countrywide, as well as 300 short-term observers to
observe election day procedures, including voting, counting and tabulation of results. In line with
ODIHR’s standard methodology, the EOM would include a media monitoring element.

III. FINDINGS

A. BACKGROUND AND POLITICAL CONTEXT

Albania is a parliamentary republic, with legislative powers vested in the 140-member unicameral
parliament, and executive power exercised by the government headed by a prime minister. Deep
polarization continues to characterize Albanian politics, with the Socialist Party (SP), the
Democratic Party (DP) and the Freedom Party (former Socialist Movement for Integration)
dominating the political scene. The last 2019 local elections were held without the participation of
the opposition parties. As a result, all mayoral positions were won by the SP-led European Albania
coalition.

The 2021 parliamentary elections resulted in the SP receiving a parliamentary majority and Edi
Rama heading the government, retaining his post for a third term. 1 Elected members of parliament
(MPs) from opposition parties returned to the parliament after relinquishing their mandates in 2019.
In June 2022, the parliament elected Bajram Begaj as the new president of the country. On 24
October 2022, the President called local elections for 14 May 2023.

An internal conflict within the DP has been impacting the work of parliament, including the work
of ad hoc parliamentary committees on territorial and on electoral reform, which have not produced
any results. 2 Following the party’s loss in the March 2022 mayoral by-elections and the ensuing
resignation of DP chair Mr. Basha, a dispute over the chair position emerged. 3 The chair of the DP
parliamentary group Enkelejd Alibeaj became an acting chair of the DP. But in late March 2022,
the Tirana District Court registered the statutory changes adopted in December 2021 by the DP
National Convention called by Mr. Berisha and his supporters resulting in the appointment of Mr.

1
As a result of the 2021 elections, SP received 74 seats; the DP-led "Alliance for Change" – 59 seats; Socialist
Movement for Integration – 4 seats and Social Democratic Party (SDP) – 3 seats in the parliament.
2
Internal discord started after former Prime Minister and former DP chair Sali Berisha denounced the results of
the 2021 parliamentary elections and launched a campaign for the resignation of then DP chair Lulzim Basha.
3
Mayoral by-elections were held in six municipalities. SP won in five municipalities, while the “House of
Freedom” coalition’s candidate, backed by Mr. Berisha, won in the municipality of Shkodra.
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Berisha as party chair. This court ruling was appealed by Mr. Alibeaj in April 2022, and the
statutory changes and appointment are suspended until there is a ruling on the appeal. At the time
of reporting, following several postponements of the hearings, no decision has been made on the
appeal raising concerns among many ODIHR NAM interlocutors about the effectiveness of the
judicial remedy.

Women are well represented in ministerial positions, holding the majority of the posts in the current
government. However, they remain under-represented in parliament, holding 50 out of 140 (36 per
cent) seats. There are five women among the current eight judges of the Constitutional Court and
five women out of eight judges of the Electoral College. In 2021, the government adopted a
National Strategy for Gender Equality which aims, among others, to ensure equal participation and
representation of women and men in political life and public decision-making at the local level. 4

ODIHR has previously observed 15 elections and referenda in Albania. 5 Most recently, ODIHR
deployed a Limited Election Observation Mission to the 2021 parliamentary elections, which
concluded that “voters had a choice of candidates, who were able to campaign freely, under a legal
framework which respects fundamental freedoms. Following a breakthrough agreement ending a
political stalemate, the key stakeholders had sufficient confidence in the elections to participate. A
reformed Central Election Commission (CEC) dedicated itself to overseeing the electoral process
in an organised and transparent manner, despite significant new obligations, including the
implementation of new technologies. The ruling party derived significant advantage from its
incumbency, including through its control of local administrations, and from the misuse of
administrative resources. This was amplified by positive coverage of state institutions in the media.
Allegations of vote buying by political parties were pervasive during the campaign, and a high
number of investigations were opened in this regard. In a limited number of voting centres and
counts observed, the process was largely transparent and smooth”. The final report contains 23
recommendations, including 5 priority ones, to improve the electoral process and bring it closer in
line with OSCE commitments. 6

B. LEGAL FRAMEWORK

The electoral legal framework primarily consists of the 1998 Constitution and the 2008 Electoral
Code, both last amended in 2020. Secondary legislation includes the 2000 Law on Political Parties,
the 2001 Law on Demonstrations, the 2008 Law on Gender Equality, the 2013 Law on Audio-
visual Media, the 2015 Law on Guaranteeing the Integrity of Persons Elected, Appointed, or
Exercising Public Functions (so-called Law on Decriminalization), and relevant provisions of the
1995 Criminal Code and the 2015 Code of Administrative Procedures. Albania is a party to major
international and regional instruments related to the holding of democratic elections. 7

On 23 July 2020, following an open, inclusive and deliberative process supported by the
international community, parliament adopted a number of amendments to the Electoral Code.

4
See the 2021-2030 National Strategy For Gender Equality.
5
See previous ODIHR election-related reports on Albania.
6
In Paragraph 25 of the 1999 OSCE Istanbul Document, OSCE participating States committed themselves “to
follow up promptly the ODIHR’s election assessment and recommendations”. See ODIHR Electoral
Recommendations Database at Paragraph25.odihr.pl.
7
Including the 1966 International Covenant on Civil and Political Rights, 1965 International Convention on the
Elimination of All Forms of Racial Discrimination, 1979 UN Convention on the Elimination of All Forms of
Discrimination against Women, 1990 International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families, 2003 UN Convention against Corruption, 2006 Convention on the
Rights of Persons with Disabilities as well as the 1950 European Convention on Human Rights. Albania is also
a member of the Council of Europe’s Venice Commission and Group of States against Corruption (GRECO).
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These amendments altered the structure of the CEC, provided for additional regulatory safeguards
against the misuse of public resources and strengthened guarantees for gender balance on candidate
lists, addressing previous ODIHR recommendations. Amendments also related to public and
private financing of the campaign, oversight of campaign coverage in the media, and election
dispute resolution. The reform also provided for electronic voter identification on election day and
piloting of new voting and counting technologies. The Electoral Code was again amended on 5
October 2020 reflecting the prior constitutional changes and refining the procedures for calling the
elections, registering electoral coalitions and candidate lists, and defining the validity of ballots.

Nonetheless, many previous ODIHR recommendations remain unaddressed, including those

related to composition of lower-level election commissions, the mechanism of withdrawal of
candidates, suffrage rights of persons with intellectual or psychosocial disabilities, criminal
liability for defamation, use of campaign materials prepared by political parties in the news and
equal rights of party and citizen observers.

In February 2022, parliament set up an ad hoc parliamentary committee on electoral reform to

follow-up on outstanding ODIHR electoral recommendations. During its first 6-months mandate,
it only held its constitutive meeting, and the parliament extended the mandate until 8 March 2023.
While the composition of the Committee reflects the diversity of parliamentary parties, many
ODIHR NAM interlocutors criticized lack of inclusiveness of its activities due to failure to engage
experts from political parties other than from SP and DP, institutions, civil society and the media.
Several ODIHR NAM interlocutors noted that internal conflict within the DP affected the work of
the Committee stalling the electoral reform.

C. ELECTORAL SYSTEM

Mayors and councillors are elected directly for four-year terms. Mayors are elected in first-past-
the-post contests and councillors – from closed lists under a proportional system. The
constituencies for local elections are the territories of the municipalities. The number of councillors
in each municipality is determined according to its population size and ranges from 15 to 61.

The Electoral Code allows political parties, coalitions of parties and groups of voters to field
candidates. The elected councillors receive mandates according to the order of their candidate list.
While the Electoral Code clearly sets a 1 per cent threshold for allocation of seats for parliamentary
elections, it lacks clarity on whether each contesting party and coalition needs to receive a minimum
1 per cent of the votes cast in the municipality or nationwide to get their candidates elected. The
Venice Commission and ODIHR have previously recommend clarifying the definition of the
threshold for local elections. 8

D. ELECTION ADMINISTRATION

Local elections are administered by a three-tiered election administration: the Central Election
Commission (CEC), 92 Commissions of Electoral Administration Zones (CEAZs) and around
5,200 Voting Centre Commissions (VCCs). Counting is conducted regionally by Counting Teams
in 92 Ballot Counting Centres (BCCs), one in each Electoral Administration Zone (EAZ).

The 2020 legal amendments changed the rules for the formation of the CEC and introduced three
distinct branches in its structure: the State Election Commissioner (the Commissioner) and Deputy
Commissioner, the Regulatory Commission (the Regulator) and the Complaints and Sanctions

8
See the 2020 ODIHR and the Venice Commission’s Joint Opinion on the Amendments to the Constitution of
30 July and to the Electoral Code of 5 October.
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Commission (CSC). The Regulator and the CSC each have five members. All CEC members are
elected by parliament by no less than three-fifths of the votes. 9

The Commissioner exercises executive powers, steers the staff and represents the CEC in relations
with third parties. The Deputy Commissioner supervises the voter identification technology as well
as recruitment and training of election officials. The Regulator adopts by-laws and other normative
acts. The CSC is in charge of handling complaints against the Commissioner and the CEAZs.

The preparations for the elections have started, and the CEC has adopted a few regulations and
instructions related to various aspects of the ongoing electoral process. 10 The CEC activities are
open and live-streamed online. In the run up to these elections, the CEC is preparing a public
awareness campaign to encourage voters to check their voter records and polling stations, and to
enhance the participation of women, first-time-voters, national minorities, including from the
Roma community, and persons with disabilities in the electoral process. Some ODIHR NAM
interlocutors highlighted specific needs in addressing issues related to the inclusive participation
of different categories of voters, including illiterate voters, those not possessing valid IDs, persons
with disabilities, in particular those with sight impairments. 11

Many ODIHR NAM interlocutors highlighted the overall efficient, transparent and consultative
work of the CEC. At the same time, some raised concerns regarding the effectiveness and
impartiality of the CSC citing their failure to counter the misuse of administrative resources by the
incumbent political parties in the 2021 parliamentary elections. In addition, some political parties
raised concerns regarding the impartiality of the lower level election commissions.

The CEC appoints the CEAZs who are responsible for organizing the elections in their respective
EAZs, appointing the VCCs and counting teams and tabulating election results. The VCCs are
responsible for organizing voting, as well as transporting ballots and other election materials after
voting to the relevant BCCs. The CEAZs and VCCs each have seven members nominated by the
parliamentary majority and opposition parties. 12 Despite previous ODIHR recommendations,
political parties may still recall their nominees from the CEAZs at their own discretion. 13 The
counting teams are composed of four members, with two members representing the parliamentary
majority and two – the parliamentary opposition.

E. VOTER REGISTRATION

Albanian citizens aged 18 years or older on election day are eligible to vote. Citizens found
incompetent by a court decision cannot vote, which is at odds with international obligations
prohibiting discrimination based on disability. 14 Suffrage rights are also suspended for citizens

9
The length of mandates differs: the Commissioner and Deputy Commissioner are elected for a seven and four
year term respectively, while the members of the Regulator and CSC – for five and nine year terms, respectively.
Only 3 out of 12 CEC members are women, including the Deputy Commissioner and the chairperson of the
Regulator.
10
According to the Regulator, it needs to adopt 37 decisions regulating or clarifying the electoral process.
11
In 2021, the government adopted the 2021-2025 National Action Plan for Persons with Disabilities with the
aim to ensure, among others, full involvement of persons with disabilities in public and political life.
12
The largest parliamentary majority and the largest opposition parties propose two CEAZ members each. In
addition, the next largest parliamentary majority and opposition parties propose one member each.
13
Section II.3.1.f of the Venice Commission’s 2002 Code of Good Practice in Electoral Matters, states: “the
bodies appointing members of electoral commissions must not be free to dismiss them at will”.
14
Article 29 of the CRPD requires States to “guarantee to persons with disabilities political rights and the
opportunity to enjoy them on an equal basis with others”. See also Paragraph 48 of General Comment No. 1 to
Article 12 of the CRPD. Paragraph 7.3 of the 1990 OSCE Copenhagen Document provides that participating
States will “guarantee universal and equal suffrage to adult citizens”.
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serving a prison sentence for committing certain crimes. 15 The voter registration system is passive;
however, voters over 100 years of age are automatically removed from the voter lists and have to
confirm their status to be included in the register. Total number of registered voters is around 3.6
million.

Voter lists are compiled based on the data of the electronic National Civil Status Register,
maintained by the General Directorate of Civil Status (GDCS) of the Ministry of Interior (MoI).
After the elections were called, the GDCS commenced publishing updated extracts from voter lists
on a monthly basis, allowing voters to register any changes with local civil status offices. 16
Corrections to voter records are possible up to 4 April, after which and up to 24 hours before
election day, requests for changes or inclusion in voter lists can be made only through a district
court. The MoI informed the ODIHR NAM that since the call of the elections, it was engaged in
preparatory activities aimed at improvement of the accuracy of the voter lists. Two auditors have
been appointed by the CEC to assess the accuracy of voter lists.

Voter identification is facilitated by e-identification devices containing voter lists from all voting
centres. A voter’s identity is established electronically by cross-checking the ID cards or passports
presented by the voter against the data held in the e-identification device. A fingerprint is also
scanned to substitute the signing process on a paper voter list. Following the e-identification, the
VCC receives a printed receipt with the voter’s personal data and picture for possible post-election
verification. The CEC informed the ODIHR NAM about ongoing activities related to checking the
equipment and technologies applied, training staff, and noted serious concern with regards to the
potential large-scale last-minute withdrawal of the operators of the equipment before election day.

In general, no significant issues related to the accuracy of the preliminary voter lists and voter
registration were raised by ODIHR NAM interlocutors. While many interlocutors informed the
ODIHR NAM about ongoing discussions on the introduction of out-of-country voting, no
modalities for voting from abroad are planned for the local elections.

F. CANDIDATE REGISTRATION

Any eligible voter has the right to stand, except those serving a prison sentence or with a prior
conviction for specific crimes as well as those deported from a number of countries or subject to a
search warrant. 17 The Constitution lists categories of officials whose position is incompatible with
the right to stand. 18

Political parties have to register as electoral subjects with the CEC by 6 March and coalitions by
15 March. Candidate lists can then be submitted by registered political parties and coalitions.
Independent candidates can stand for elections through the nomination by groups of voters. A
candidate may only appear in one list. A party or coalition may not change the ranking of the

15
The Law on Decriminalization suspends the voting rights of citizens serving a prison sentence for committing
crimes listed in more than 80 articles of the Criminal Code (ranging from election related offences to severe
crimes).
16
The voter lists are made available upon request and free of charge to political parties, coalitions and registered
independent candidates. Online versions are also available on the GDCS and CEC websites.
17
The Law on Decriminalization refers to deportation from an EU Member State, Australia, Canada and the
United States. It also references citizens convicted for certain crimes. Paragraph 5.19 of the 1990 OSCE
Copenhagen Document states that “everyone will be presumed innocent until proven guilty according to law”.
See also Article 14 (2) of the ICCPR and Article 6 (2) of the ECHR.
18
Judges, prosecutors, military, police and national security officers, diplomatic staff, mayors, prefects, members
of election commissions, President of the Republic, high state administration officials determined by law must
resign to be eligible to stand.
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candidates in the list after its registration. Electoral subjects have to submit candidate lists to the
respective CEAZs or the CEC no later than 27 March. 19

Candidate lists from political parties and coalitions as well as independent candidates must be
supported by no less than 1 per cent of voters of a given municipality. 20 This requirement is waived
for parliamentary parties, parties represented in the relevant municipal council, coalitions that have
at least as many seats as the number of parties represented either in the parliament or respective
municipal council, and for incumbent members of parliament, mayors and councillors nominated
by voters. Voters can support multiple lists. Candidacies are verified by the CEC in line with the
Electoral Code and Law on Decriminalization.

The Electoral Code requires that each list equally represents men and women as candidates for
local councils, by alternating the gender with every second candidate. Lists which do not comply
with this rule are not registered.

G. ELECTION CAMPAIGN

The official campaign period begins on 14 April and ends 24 hours before election day. There are
no sanctions for early campaigning. All ODIHR NAM interlocutors expect the campaign to be
conducted largely through public meetings, broadcast media and social networks, in particular
Facebook and Twitter, as well as by means of printed materials, including in minority languages.
Advertisements in traditional media and social networks are expected to be increasingly used as a
tool to reach out to voters. According to some ODIHR NAM interlocutors, women are usually less
represented as speakers at campaign events and in the media, and are often subject to sexist and
derogatory rhetoric during the election campaigns.

Campaigning by public institutions is prohibited, and civil servants may not participate in political
activities during office hours. The legal framework prohibits the misuse of administrative
resources, provides for reducing the advantage of incumbency, and limits budgetary expenditures
during the four months prior to election day. Public institutions, as well as state agencies and
enterprises are obliged to report to the CEC all their activities involving participation of citizens
and media during the four months preceding election day. The CEC can declare an activity carried
out by public entities as potentially constituting a misuse of state resources. In this case, the
broadcast media are prohibited to feature such activities in the news or other programmes dedicated
to campaign coverage. The CEC plans to maintain a dedicated, publicly accessible webpage where
citizens can report potential electoral violations.

Most ODIHR NAM interlocutors raised concerns about the potential wide-spread practice of
misuse of administrative resources by the ruling party, including pressure on public employees,
largely referring to the practice during 2021-2022 elections and lack of resolute measures against
perpetrators, both by the law enforcement bodies and political parties. In addition, many
interlocutors noted an increased rate of employment in the public sector on short-term contracts
covering the electoral period, and raised concern in relation to the possibility of vote-buying and
‘organized’ voting, especially among the socially vulnerable communities, such as Roma.

19
If the territory of a municipality is not covered by a single CEAZ, parties, coalitions or individual candidates
have to submit registration documents to the CEC.
20
In any case, the number of required support signatures should be no more than 3,000 and no less than 50. The
law requires the election administration to verify 5 per cent of the submitted signatures.
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H. CAMPAIGN FINANCE

Election campaigns may be financed from public and private funds, including loans. 21 Political
parties which competed in the last parliamentary elections receive public funding for their regular
activities. Parties which obtained at least 1 per cent of votes in the last local elections also receive
public funding for their campaigns, proportionally to the number of votes gained. Independent
candidates are not entitled to public funding.

Donations, including in-kind, are capped at ALL 1 million. Contributions above ALL 50,000 must
be made through a designated bank account. The total campaign expenses of a party may not exceed
around ALL 167.5 million nationwide; the expenses of an independent candidate cannot exceed
some ALL 27.9 million. Third party campaign financing is not regulated by law.

To ensure compliance with the campaign finance rules, the CEC is authorized to appoint monitors
to follow the election campaign, including adherence to prohibitions on certain forms of
campaigning. In addition, the CEC has to establish and maintain an online tool for citizens to report
potential violations of campaign and campaign finance rules.

Each contestant must register the amount of donations received, as well as donor identification data
in a special register administered by the CEC. No other interim reporting on campaign incomes or
expenses is required by law. Contestants are obliged to submit reports on their campaign finances
within 60 days from the announcement of election results. Many ODIHR NAM interlocutors
alleged substantial underreporting of real funds incurred by large political parties for electoral
purposes, including for campaigning online and through third parties.

After the declaration of final election results, the CEC appoints auditors to oversee the campaign
funds of each contestant. Auditors’ reports have to be published by the CEC within 30 days of their
submission. The CEC is authorized to verify information in the campaign finance reports and may
impose sanctions on contestants for non-compliance with financial rules. Several ODIHR NAM
interlocutors described the current mechanism as not providing for sufficient transparency of
campaign finance, in particular of private funds used for the campaigns.

I. MEDIA

The media landscape in Albania includes multiple public and private television (TV) and radio
stations, with print media outlets mostly moved to the Internet. The online media have outpaced
traditional media and currently, according to many ODIHR NAM interlocutors, serve as the main
source of political information in Albania.

The media environment is diverse but politically polarized and characterised by a strong influence
of politics and business. Some ODIHR NAM interlocutors noted the concentration of the media in
the hands of few owners who promote their political and economic agenda, and that many
broadcasters favour the government or follow media owners’ interests. ODIHR has previously
recommended limiting media ownership concentration. In 2021, Albania adopted the Law on the
Register of Ultimate Beneficial Owners; however, according to several ODIHR NAM
interlocutors, transparency of ultimate media ownership is still of concern.

21
Legal entities which have received public procurement funds in excess of ALL 10 million (some EUR 85,500;
EUR 1 is approximately ALL 117 (Albanian Lek)), have been involved in public-private partnership projects,
have debts vis-a-vis the state budget, as well as those which carry out media-related activities, are not allowed
to donate. Citizens and legal entities donating to contestants are not eligible to receive public procurement funds
in excess of ALL 10 million in the three-year period after the elections.
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The Constitution provides for freedom of expression, media freedom and the right to information,
and prohibits censorship of all means of communication. Despite previous ODIHR
recommendations, defamation remains a criminal offense punishable with fines.

In September 2021, the government established an Agency for Media and Information under the
prime minister. While the formal task of the Agency is to ensure transparency regarding all policies
and activities of the government, several ODIHR NAM interlocutors viewed this Agency as
centralising and limiting government communications. 22 Some ODIHR NAM media interlocutors
expressed concerns about the growing difficulties they are facing in gaining access to information
held by public institutions. 23

The ODIHR NAM was also informed of growing hostility towards journalists covering issues of
political sensitivity or of public interest. There are instances of hostile rhetoric against media
outlets, including accusations of manipulation of public opinion, emanating from high-level public
officials, including the Prime-Minister. The financial vulnerability of media outlets often
influences journalists’ reporting, affects the independence of editorial policies and induces self-
censorship. 24

The Electoral Code requires the media to provide unbiased campaign coverage and to treat
contestants equally. While it ensures access for all electoral contestants to coverage in the news
and information programmes, the law provides for a considerable advantageous access to the
broadcast media for large parliamentary parties. 25 Advertisements as well as free airtime must
clearly identify the sponsoring party. The print media are mostly self-regulated.

The public broadcaster, Albanian Radio and Television (RTSH), is obliged to ensure public access
to a wide range of political viewpoints during the campaign. RTSH is planning to air the CEC-
prepared voter awareness information as well as broadcast election-related programmes, including
in minority languages. RTSH intends to organize live political debates among major as well as
smaller parties. The Electoral Code provides all contestants with free-of-charge airtime on RTSH,
but some ODIHR NAM interlocutors noted a very low audience of the public broadcaster.

ODIHR NAM media interlocutors criticised the continued widespread practice of limiting access
of journalists to official and campaign events by the main political parties and public officials and,
instead, providing the media with recorded materials. 26 Many interlocutors consider such practice
as challenging the independence of the media and limiting voters’ access to impartial information.

The Audio-visual Media Authority (AMA), the broadcasting media supervisory body, is in charge
of monitoring broadcast media’s campaign coverage. Within the official campaign period, AMA
should present monitoring reports to the CEC on a daily basis. AMA has already published its
monitoring methodology and plans to monitor some 50 TV stations at the national and regional

22
The Agency consists of directorates of citizen information, of media information, of institutional information,
of co-ordination of ministries and agencies, of production and events, and of finances.
23
Article 3 of the Law on the Right to Information states that everyone has the right to access public information,
without having to explain the reasons for such needs.
24
See Subchapter Freedom of Expression (p.29) of the Albania 2021 Report by the European Commission.
25
Each political party that won over 20 per cent of seats in the last parliamentary elections should receive twice
the amount of news coverage that other parliamentary parties receive. News coverage of non-parliamentary
parties is at the discretion of the editors but should not exceed that of the parliamentary parties. The Electoral
Code allows paid political advertisement on private media – up to 90 minutes for parliamentary and 10 minutes
for non-parliamentary parties and independent candidates on each channel.
26
The Electoral Code still allows broadcasters to air party-made labelled materials in the news.
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levels. The CEC considers complaints concerning media coverage in co-operation with AMA and
can apply fines on media outlets for non-compliance with the law. Several ODIHR NAM
interlocutors noted good communication mechanisms both with the CEC and AMA with regards
to the rules on the campaign coverage and self-regulatory measures.

J. COMPLAINTS AND APPEALS

According to the Electoral Code, only parties and independent candidates standing for the elections
can challenge the decisions of election management bodies to the CEC. Citizen observers can only
challenge CEC and CEAZ decisions concerning their accreditation. Complaints against the
decisions of the Commissioner and CEAZs, including those regarding the election results, are
submitted to the CSC, while complaints and appeals against all other decisions of the CEC can be
brought to the Electoral College of the Court of Appeals of Tirana (Electoral College), whose
decisions are final. Voters can complain to first instance courts about voter registration issues.

The Electoral College, the highest authority for election disputes, consists of eight judges from the
first instance and appeal courts appointed for a four-year term and selected through a draw
conducted by the High Council of Justice. All cases are considered in open hearings, and decisions
are published on the website of the Court of Appeals of Tirana that also provides logistical support
to the Electoral College, including offices and a secretariat. Some interlocutors of the ODIHR
NAM as well as judges themselves noted that the Electoral College would benefit from a
comprehensive training on effective handling election disputes.

Some ODIHR NAM interlocutors expressed concerns regarding the independence of the judiciary
and the impact this could have on the impartial resolution of election disputes.

K. CITIZEN AND INTERNATIONAL ELECTION OBSERVATION

The Electoral Code provides for citizen and international observation at all stages. Parliamentary
parties and coalitions may appoint permanent representatives to the CEC, while other parties have
the right to appoint their representatives to the CEC only for the electoral period. All contestants
may appoint observers to the relevant CEAZs, VCCs and BCCs. The right to appoint observers
within a coalition rests solely with the coalition and not the parties within it. Some smaller parties
informed the ODIHR NAM that this arrangement seriously limits their possibilities to observe
when they join a coalition. Despite a previous ODIHR recommendation, only observers from the
contesting parties but not citizen or international observers are entitled to receive copies of the
voting results protocols at the BCCs and CEAZs.

Many political parties informed the ODIHR NAM that they would observe the election day
procedures to ‘safeguard’ their votes. Civil society interlocutors also confirmed their plans to
observe the administration of elections and other components of the electoral process and use of
administrative resources in these elections, if they manage to secure enough funds for those
activities.

IV. CONCLUSIONS AND RECOMMENDATION

All ODIHR NAM interlocutors confirmed the need for a large-scale ODIHR election observation
activity in all regions to ensure an independent scrutiny of the electoral process. Representatives of
state institutions acknowledged the added value of ODIHR electoral recommendations for
improving the electoral framework and practices. Many interlocutors placed a particular emphasis
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on the need for the observation of the pre-election day period, especially with respect to use of state
resources. Many aspects would merit specific attention, including the work of the election
administration, use of new technologies in the elections, the campaign and its coverage by the
media and online, campaign finance, resolution of election disputes and election day procedures.

Based on these considerations, the ODIHR NAM recommends the deployment of an Election
Observation Mission (EOM) for the 14 May 2023 local elections. In addition to a core team of
experts, the ODIHR NAM recommends the secondment by OSCE participating States of 24 long-
term observers to follow the electoral process countrywide, as well as 300 short-term observers to
observe election day procedures, including voting, counting of votes and tabulation of results. In
line with ODIHR’s standard methodology, the EOM would include a media monitoring element.
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ANNEX: LIST OF MEETINGS

Government Institutions
Artemis Malo, Deputy Minister, Ministry for Europe and Foreign Affairs (MEFA)
Armand Skapi, Director, Directorate of the International Organizations, MEFA
Blerina Serjani, Desk Officer, MEFA
Enea Hoti, General Secretary, Ministry of Internal Affairs
Vangjush Stavro, Director, General Directorate of Civil Status, Ministry of Internal Affairs
Armela Krasniqi, Chair, Audio-visual Media Authority
Arben Muka, Programmes Director, Audio-visual Media Authority

Central Election Commission

Lealba Pelinku, Deputy State Election Commissioner
Ilirjana Nano, Chair, Regulatory Commission
Helga Vukaj, Member, Regulatory Commission
Ledio Braho, Member, Complaints and Sanctions Commission
Ilirjan Rusmali, Member, Complaints and Sanctions Commission
Eugen Dushollari, IT system expert

Electoral College of the Court of Appeals of Tirana

Esmeralda Çeka, Sokol Ibi, Edlira Petri, Judges

Political Parties
Oerd Bylykbashi, MP, Deputy Chairperson, Democratic Party
Ivi Kaso, Secretary for Electoral Issues, Democratic Party
Enkelejd Alibeaj, MP, Acting Chair of the Parliamentary Group, Democratic Party
Marash Logu, representative to the CEC, Democratic Party
Ilir Meta, Chairperson, Freedom Party
Petrit Vasili, MP, Deputy Chairperson, Freedom Party
Erisa Xhixho, MP, Deputy Chairperson, Freedom Party
Silva Caka, Secretary, Public Relations, Freedom Party
Kristo Kiço, Chairperson, Greek Ethnic Minority for the Future Party
Llazo, Kucuqi, Greek Ethnic Minority for the Future Party
Mihal Naço, Steering Committee member, Human Rights Union
Dashamir Shehi, MP, National Development Movement
Arben Braçe, Deputy Chair, Republican Party
Sention Zotaj, Member, Republican Party
Famella Sullaj, Member, Republican Party
Gentjan Deda, MP, Social-Democratic Party
Rustem Preçi, Member, Social-Democratic Party
Damian Gjiknuri, MP, Secretary General, Socialist Party
Blerina Gjylameti, MP, Secretary for Electoral Issues, Socialist Party
Eridian Salianji, Representative to the CEC, Socialist Party

Media
Enkelejdi Joti, General Director, Albanian Radio and Television
Mario Haxhiymeri, Director of International Relations, Albanian Radio and Television
Bledar Zaganjori, News Director, Albanian Radio and Television
Roland Zili, Vizion Plus TV
Jona Plumbi, Faktoje.al
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Civil Society
Gjergi Smakaj, Albanian Association of Blind Persons
Altin Gjeta, Institute of Political Studies
Bledar Taho, Institute of Romani Culture in Albania
Dritan Taulla, KRIIK Albania
Jonid Ferhati, National Youth Forum of Visually Impaired
Gerta Meta, Society for Democratic Culture
Edlira Çepani, Women’s Network Equality in Decision Making

International Community
OSCE Presence in Albania
Representatives of diplpomatic mission of Austria, Greece, Italy, the Netherlands, Portugal,
Slovenia, Sweden, Türkiye, United Kingdom, European Union and International Organizations 27

27
The ODIHR NAM extended an invitation to representations of all OSCE participating States resident in
Albania.