In Albania, the Constitutional Court is expected to issue a decision following several appeals regarding the Electoral Code’s provisions, specifically its definitions of candidate lists. The new formula outlines a closed list for one-third of parliamentary candidates and an open list for the remaining two-thirds, subject to preferential voting. Critics, including researchers and representatives of smaller political parties, argue that the new system favors the two main parties, potentially appointing around 100 of the 140 parliament members. This, they contend, distorts the constitutional principle of citizen-based representation via open, proportional lists with preferential voting.
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| The right hand of a man putting a vote in a ballot box and in the background the flag of Albania hanging on the wall |
Evolution of the Electoral System
The debate over Albania’s electoral system is longstanding. Over the past 15 years, the Constitution and Electoral Code have undergone multiple amendments. A significant 2008 change introduced a regional proportional system with a national threshold and closed multi-member lists, replacing the corrected majoritarian-proportional system.
In 2020, a consensus-driven constitutional amendment sought to enhance voter influence by ensuring no less than two-thirds of multi-member candidate lists were subject to preferential voting. The Electoral Code adapted accordingly, setting a specific quota: candidates earning more preferential votes than the electoral threshold (determined by dividing total party votes by seats won, capped at 10,000 votes) would replace others with fewer votes.
However, following the 2021 elections, the Constitutional Court ruled that while thresholds were constitutional, they must respect proportionality and equality of votes, leading to adjustments.
The New Controversial Formula
In July 2024, a new formula for multi-member candidate lists was introduced as part of an agreement between the ruling Socialist Party (PS) and the opposition Democratic Party (PD). It eliminated thresholds and designated one-third of the list as fixed (closed), with the remaining two-thirds subject to preferential voting. The allocation process prioritizes closed-list candidates, potentially sidelining voter preferences.
This change has sparked public debate and legal challenges, with concerns centering on reduced competition and centralization of power within party leadership. Critics, such as Afrim Krasniqi of the Institute of Political Studies, warn that this undermines the constitutional principle of representation by granting party leaders disproportionate influence over candidate selection.
Impact on Small Parties and Political Pluralism
The new system poses significant challenges for smaller parties, as the fixed one-third list structure effectively excludes them from meaningful participation. Political science professor Blendi Çeka highlights how this discourages potential candidates from joining smaller parties, reducing their appeal to voters and limiting political diversity.
Such concerns resonate in the Constitutional Court, where representatives of smaller parties argue that the formula stifles political pluralism. The Court has been asked to annul provisions mandating fixed closed lists and to allow parties to choose between open and closed lists, as required by constitutional guarantees for proportionality and gender representation.
Implications and Outlook
With less than five months until Albania’s 2025 general elections, the Constitutional Court faces a complex decision. Observers are divided on whether the electoral code can be amended so close to an election. However, most agree that political will can overcome procedural hurdles if necessary.
The upcoming ruling will not only influence the structure of Albania’s electoral system but also test the country’s commitment to constitutional principles, political pluralism, and fair representation.