What remedies are available in the last instance?
Albania
- Reversal or upholding of the challenged decision
- Compel CEC to make a decision
Name: Law no. 10 019 The Electoral Code of The Republic of Albania
Enactment: 29December 2008, amended by Law no. 74/20119 July .2012
Quote:
'Article 158
Types of decisions of the Electoral College
1. Depending on the case to be examined, theElectoral College decides to:
a) dismiss the case; b) judge the case on its merits; or c) compel the CECto make a decision. 2. The Electoral College decides to dismiss the casewhen it finds
that the appeal has been submitted beyond the deadlinesstipulated in this Code, or that it lacks the competence to adjudicateit. When the Electoral College finds that it lacks competence, it forwards thecase to the competent body.
3. In judging the case on its merits, theElectoral College decideson the full or partial acceptance of the appeal, or on its full or partialrejection.
4. The Electoral College compels the CEC tomake a decision in compliance with point 2 of article 145 of this Code. In thiscase, the Electoral College shall set a fixed time limit of no longer than 10days for making a decision.
5. The decision of the Electoral College is final. No appeal may be madeagainst it.
6. The Electoral College is required totranscribe its decision no later than three days from the day the decision isgiven.'
Please observe thatthere is not any specific provision for the appeal process that makes suchprocess different than the one that would take place for “challenges toelection results”. Besides, other appeal mechanism may take place if the“gender equality” (art.175 abovementioned for “first instance mechanismsection”) applies
1. Dismiss the case (when appeal is beyonddeadline, or not competent)
2. Judge the case in its merits: a) full orpartial acceptance, b) full or partial rejection
3. Compel CEC to make a decision
