The Constitutional and Normative Nature of the President’s Decree for Setting the Date of the Elections and the Control of Constitutional Justice over this Act

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Jordan Daci

Abstract

The decision of the Central Election Commission not to implement the decree of the President of the Republic revoking the Decree by which he had set June 30, 2019 as the date for the general local elections in the Republic of Albania, sparked a strong debate in society and among lawyers on the constitutional, normative, normative or individual administrative nature of the Decree of the President of the Republic "On setting the date of elections". This debate, though without any legal or doctrinal basis, conveyed to society a general distortion and created a dangerous social division between those who chose to respect the decree and those who considered it as an absolutely invalid administrative act. It was precisely this constitutional practice which was developed for the first time that led to clashes between political forces and unusual reactions from the institutions of a rule of law state. This issue was subject of review in the Constitutional Court of the Republic of Albania, but the court with its decisions did not give a constitutional answer to any claim of the parties regarding the nature of this decree or its effects in relation to the institutions as a whole or over the control of the legality or constitutionality of this decree. The focus of his paper is to analyze the legal nature of Presidential Decrees as sources of law, to classify Presidential Decrees as a whole and to analyze in particular the nature of the Decree on setting the Election Day, as well as the control of the constitutionality of this decree.


 

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