Albania, national Popular or citizen-initiated referendum [PCR] - Right to a referendum for the abrogation of a law

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Albania
Political level
national
Local Name:
Right to a referendum for the abrogation of a law
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 150

1. The people, through 50 thousand citizens who enjoy the right to vote, have the right to a referendum for the abrogation of a law, (..)

3. Principles and procedures for holding a referendum, as well as its validity, are provided by law.

Article 151

1. A law approved by referendum is promulgated by the President of the Republic.

2. Issues related to the territorial integrity of the Republic of Albania, limitations of fundamental human rights and freedoms, budget, taxes, financial obligations of the state, declaration and abrogation of the state of emergency, declaration of war and peace, as well as amnesty, cannot be voted upon in a referendum.

3. A referendum upon the same issue cannot be repeated before 3 years have passed since it was held.

Article 152

1. The Constitutional Court reviews preliminarily the constitutionality of the issues put for a referendum according to article 150, paragraphs 1 and 2, Article 151, paragraphs 2 and 3, as well as article 177, paragraphs 4 and 5, within 60 days.

(..)

3. The date of the referendum is set by the President of the Republic within 45 days after the promulgation of the positive decision of the Constitutional Court or after the term within which the Constitutional Court had to have expressed itself has expired. Referenda can be held only in one day of the year.

References: Constitution of Albania, 1998 (Accessed 22.01.2020)

Article 126

Initiative for a General Referendum

1. Fifty thousand voters registered in the National Registry of Voters have the right to a general referendum for the repeal of a law, (..) in compliance with section 1 of article 150 of the Constitution and the provisions of this Code.

2. A request to begin the procedures for a referendum is submitted to the CEC by a group of no fewer than 12 initiators who are voters registered in the National Registry of Voters.

3. A request to repeal part of a law may be made, but only if the remainder of the law is selfsufficient.

4. A request to begin the procedures for a referendum for the repeal of a law or part of a law contains:

a) the title, number and date of approval of the law that is sought to be repealed and, if only part of the law is sought to be repealed, the respective provisions; and

b) the reasons why the law or the particular provisions should be repealed.

(..)

Article 118

Meaning of Referendum

1.A referendum is the direct exercise of popular sovereignty, through voting, for a specific issue or law, according to articles 108 section 4, 150, 151, 152 and 177 of the Constitution.

2. Voting on a referendum is performed according to the rules contemplated in this Code.

3. In a referendum, the alternative that has won the majority of the valid votes, but not less than one third of the number of voters registered in the National Registry of Voters, is considered the winner, unless otherwise provided in this chapter.

Article 119

Restrictions on the Exercise of the Right to a Referendum

1. No constitutional or general referendum can be held on the date of elections for the Assembly or for the organs of local government.

2. No general or constitutional referendum can be held during the period between six months beforethe end of the mandate of an Assembly and three months after the first meeting of the new Assembly.

3.No local referendum can be held during the period between three months before the end of the mandate of the organs of local government and three months after the first meeting of the local councils.

4.When early elections for the Assembly are announced, the procedure for holding a general referendum is suspended until three months after the first meeting of the new Assembly.

5.When early local elections are announced in a local government unit, the procedure for holding a local referendum in that unit is suspended until three months after the beginning of the mandate of the local government organ.

6.In accordance with section 3 of article 152 of the Constitution, requests for a referendum that have not been fully processed in accordance with the provisions of this chapter by March 15 of the year, regardless of when made, are deferred until the following year.

References: THE ELECTORAL CODE OF THE REPUBLIC OF ALBANIA, 2003; 2008 

Article 185

Abrogations

1. Upon entry into force of this Code, the Law no. 9087, dated 19 June 2003, “The Electoral Code of the Republic of Albania”, as

amended, as well as any other legal act or secondary legislation that contradicts it, shall be abrogated.

2. Notwithstanding the stipulations made in point 1 of this article, Part Nine “Referenda” of the Law no. 9087, dated 19 June 2003, “The Electoral Code of the Republic of Albania”, as amended, as well as any part of its provisions that are related to it, shall remain in force until the approval of the new law on general and local referenda. The administration of the referendum process and the tabulation of their result shall be carried out in accordance with this Code.

References: THE ELECTORAL CODE OF THE REPUBLIC OF ALBANIA, (2012) (Accessed 22.01.2020)

Subject Matter:

To repeal a law

Actors

Author:
Parliament
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
50 000
Available Time:
See signature period above
Turnout Quorum:
Majority must correspond 1/3rd of the total electorate
Approval Quorum:
Majority
Geographical Quorum:
None
Excluded Issues:

Issues related to the territorial integrity of the Republic of Albania, limitations of fundamental human rights and freedoms, budget, taxes, financial obligations of the state, declaration and abrogation of the state of emergency, declaration of war and peace, as well as amnesty, cannot be voted upon in a referendum.

Other Formal Requirements:

Procedural Elements

Collection Mode:
unknown
Specify Collection Mode:

Article 127

Model Forms for Collecting Signatures

1. Within 20 days of the submission of the request for a general referendum, the CEC provides the initiators, for payment, with forms for the collection of the signatures of 50,000 voters registered in the National Registry of Voters at the time of submission of the request. At the head of the form, the title of the law, the provisions sought to be repealed or the issue raised is printed.

2. Signatures in support of the request to hold a general referendum are deposited with the CEC during the period from 1 January to 30 November of each year.

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: