Category Archives: Albania

Albania – Government formation after months of partisan turmoil

In this post, I examine the most recent developments in Albania after an unconventional presidential election in April, a months-long boycott of parliament by the oppositional Democratic Party (DP), and the parliamentary election with Socialist Edi Rama as clear winner of a majority that enables him to govern without a coalition partner.

Presidential election in April 2017
Since February 2017 the oppositional DP was boycotting the Albanian Parliament. Despite calls by the European Union and several European governments the DP was determined in its course. Among their demands were the resignation of Prime Minister Edi Rama and the formation of a caretaker government. This parliamentary boycott – that could not be solved by several rounds of EU-led negotiations – not only resulted in a political stalemate that largely influenced and hindered the political decision making but also impacted the presidential election. As explained in a blog post published earlier this year, Albania is a parliamentary system with a president elected by parliament. Candidates are nominated by at least 20 deputies. In the first three rounds a presidential candidate has to gain the support of 3/5 of the members of parliament, i.e. 84 votes out of the 140 seats (Art. 87). The constitution stipulates a maximum of five rounds. Only after three rounds failed, the majority requirement changes. The fourth ballot (and the fifth) require only the absolute majority and are held between the two leading candidates from the third round. In case the fifth round fails as well, parliament is dissolved and snap elections take place within 60 days. (Art. 87).

Hence, after three rather unconventional rounds of presidential elections, the president/chairman of the Albanian Parliament, Ilir Meta was elected as 7th President of the Republic of Albania. This presidential election was unusual because the ruling Socialist Party did not nominate a candidate during the first three rounds of presidential elections. Party representatives declared that they are not “nominating anyone for president to demonstrate its willingness to conduct a dialogue with the opposition [DP, author] over the next president and achieve a consensus with all political forces in the country” (EurAsia Daily 2017).

Parliamentary elections in June 2017
As could be expected the election of Meta as President was heavily criticized by the DP, a fact a lot of observers deemed hypocritical because of Meta’s ties to both DP and the Socialist Party. And although some DP deputies threatened to boycott both the parliamentary elections and local elections, the parliamentary elections were held in June 2017 after the leaders of the main parties – Edi Rama and Lulzim Basha – agreed on several measures to meet the demands of the boycotting DP. Next to the inclusion of representatives of the opposition in the cabinet and as heads of some state agencies, the center-right opposition was also put in charge of the Central Electoral Commission (Mejdini 2017). This agreement ended the three-months long boycott by the DP and allowed the parliamentary election to be rescheduled. Within the short campaign time, Prime Minister Rama ran mostly on an anti-corruption and a pro-EU message. And his declared goal was to get enough support among the electorate to govern without a coalition partner (Keleka 2017). With the lowest voter turnout since the end of communist rule (44.9%) (Keleka 2017), the Socialist Party of Rama won the majority of 48 % and 74 seats in parliament. This means a plus of 9 seats compared to the previous election. The DP of Basha won 29 % and 43 seats in parliament (a minus of 7 seats) (RFE/RL 2017). With this result, Edi Rama exceeded expectations and was able to form a new government. As Article 96 of the constitution stipulates, the prime minister is nominated by the president with the approval of the party with a majority of seats in parliament. With the now absolute majority of the Socialist Party secured, the old and new Prime Minister Edi Rama announced the new cabinet on August 27.

What to expect from the new government?
The results of the parliamentary election allow the Socialist Party to govern without a coalition partner – “a unique opportunity for a country that has been marred by political divisions and coalition in-fighting to pursue an ambitious agenda of reform and European integration” as Fras (2017) has convincingly stated. But some observers have also identified a concrete threat to the democratic development in Albania, the tendency to rely on so-called Balkan strongmen (Fischer 2007 and 2010), strong leaders without a proper check by other institutions. Prime Minister Rama faces no real opposition at this point. The president – Ilir Meta – does not have a lot of constitutionally assigned competences. His authority beyond the constitutionally assigned power is certainly limited because of his difficult election by a boycotted parliament and his long and controversial political career with allegations of corruption and not a lot of partisan support. Some authors and analysts have even suggested that it was Rama’s intend to place Meta in a position where he could not become a threat against his political ambitions (see for a collection of these statements Koleka 2017). At the same time, the electoral defeat and the months long boycott has left the main oppositional party – DP – and its leader in a precarious position: “In Albania’s strongly divided personality politics, Lulzim Basha’s decision to push the old DP grandees aside could cost him his post. His earlier decision to abandon an election boycott was a smart move but the defeat might lead to the party’s collapse” (Fras 2017) and the re-structuring of the whole party system. But Rama’s presentation of his cabinet also offered a glimpse into his ideas about the future of Albania. He announced a near equal representation of male and female ministers and emphasized his clear commitment to a fast EU-accession. Taking up this leading role – also among Western Balkan leaders – is certainly a hopeful sign for the whole region.

Literature
EurAsia Daily (2017): Political crisis in Albania: parliamentarians failing to elect president
Подробнее: https://eadaily.com/en/news/2017/04/20/political-crisis-in-albania-parliamentarians-failing-to-elect-president
Fischer, Bernd J, 2007. ed. Balkan strongmen: dictators and authoritarian rulers of South Eastern Europe. Purdue University Press.
Fischer, Bernd J. 2010. “Albania since 1989: the Hoxhaist legacy.” In Central and Southeast European Politics since 1989, edited by Sabrina P. Ramet, 421–44. Cambridge: Cambridge Univ Press. Accessed August 05, 2014
Fras, Max (2017): Prime Minister Edi Rama takes total control in Albania, but who can keep him in check?, in: blogs.lse.ac.uk/europpblog/2017/06/30/edi-rama-takes-control-albania/
Mejdini, Fatjona (2017): Albania Opposition to Join Govt Ahead of Election, in: http://www.balkaninsight.com/en/article/opposition-enters-with-technical-ministers-in-albanian-gov-05-18-2017
Koleka, Benet (2017): Albanian Socialists to get parliamentary majority: partial vote count, in: https://www.reuters.com/article/us-albania-election-result-idUSKBN19H18L
RFE/RL (2017): Albania’s Socialists Secure Governing Mandate In Parliamentary Vote, in: https://www.rferl.org/a/albania-socialists-parliamentary-elections/28581341.html, June 27.

Albania – Suppose they had an election and no one ran for office

In this post, I examine the most recent presidential elections in Albania in April this year. Presidential elections are often surrounded by unusual or newsworthy events, but I could not find a lot of incidents where presidential elections were held without a candidate. Yes, that’s right. No candidates were nominated in the first three rounds of the presidential elections in Albania. This proves to be an interesting case for arguments that involve the effective number of presidential candidates. The reasons for the decision to not put forward a nominee are manifold, but reflect the level of political stalemate and conflict in today’s Albania. The circumstances of this election and its four rounds, a brief biography of the new president, as well as the prospect this gives us for the parliamentary elections in June 2017 will be the focus of this post.

Constitutional provisions for the presidential elections in Albania
Albania is a parliamentary system with a president elected by parliament. Candidates are nominated by at least 20 deputies. In the first three rounds a presidential candidate has to gain the support of 3/5 of the members of parliament, i.e. 84 votes out of the 140 seats (Art. 87). The constitution stipulates a maximum of five rounds. Only after three failed rounds does the majority requirement change. The fourth ballot (and the fifth) require only an absolute majority and are held between the two leading candidates from the third round. In case the fifth round fails as well, parliament is dissolved and snap elections take place within 60 days. (Art. 87).

The incumbent
Legally, former President Bujar Nishani could have run for a second term after being the president for the last 5 years. His election in 2012 was, however, a rather surprising event and took place also in the fourth round of the presidential elections. He only became a viable option because his well-known and influential opponents withdrew their candidacies. Already back then some oppositional forces boycotted the presidential elections. In a similar, yet much more forceful move, the oppositional Democratic Party (DP) of Albania – which is Nishani’s party – has also been boycotting parliament since February 2017. Despite calls by the European Union and several European governments, the DP is determined in its course. They demand the resignation of Prime Minister Edi Rama and the formation of a caretaker government by all parliamentary parties. This boycott is and was accompanied by street protest, most importantly against the threat of voter fraud in the upcoming elections. During EU-led negotiations, the government made far-reaching promises, but the DP representatives insisted on the resignation of the Prime Minister. With his party boycotting parliament, it was clear that Nishani would not run for a second term.

The new president
In this context, the ruling Socialist Party did not nominate a candidate during the first three rounds of presidential elections. Party representatives declared that they were not “nominating anyone for president to demonstrate their willingness to conduct a dialogue with the opposition [DP, author] over the next president and achieve a consensus with all political forces in the country” (EurAsia Daily 2017). Yet, in the fourth round of the presidential elections, the president/chairman of the Albanian Parliament, Ilir Meta, was finally elected “after Prime Minister Edi Rama and his Socialist Party put their weight behind his candidacy” (Likmeta 2017). Meta will be the seventh president of the second Republic. His long political career was not entirely without controversy. As a longtime member of the Socialist Party, he established his own political group (Socialist Movement for Integration) and later joined forces with the DP in 2009 (Likmeta 2017). However, he switched sides again and supported the Socialist Party under Prime Minister Rama with his movement and was elected president of parliament in 2013.

Meta also faced a slew of allegations of corruption and voter intimidation. In 2011, a video even surfaced in which he discussed bribes over government contracts. He resigned, but  violent protests still broke out and during these protests four people were killed. In the course of these events, the opposing groups tried to achieve their respective goals with a variety of measures. The general prosecutor decided to open an investigation as to whether Meri was guilty. At the same time, then-Prime Minister, Sali Berisha, showed his support for Meta and even started an “independent investigation” accusing his opponents of “trying to overthrow the government (Abrahams 2015, 290). The discussion in the Supreme Court then was not so much about the allegations against Meta as such, but “whether a secretly recorded video could be admitted as evidence” (Filaj-Ballvora 2012). In the end, the Supreme Court declared Meta not guilty, which was in line with a variety of corruption charges against a string of politicians being postponed. It should be added that Meta has denied the accusations and insisted that they were “political in nature” (Likmeta 2017). The process did not hamper Meta’s political career as he became speaker of parliament after the victory of the Socialist under Edi Rama in 2013. Now he is even the new President of the Republic of Albania.

Prospects for the parliamentary elections in June 2017
The election of Meta as the new President will certainly not help to solve the political stalemate between the oppositional DP and the ruling Socialist Party with Rama as Prime Minister. As might have been expected, the DP heavily criticized the election and in particular the Prime Minister for “being a hypocrite for handing the presidency to a man he once accused of being ‘the symbol of everything rotten happening in Albania’” (Koleka 2017). But in this ‘mélange’ the hypocrisy lies on both sides, because it was Sali Berish as DP Prime Minister, who supported the acquittal of Meta in 2012.

Nevertheless, this election will only make the DP and its allies more determined – a decision that was criticized by representatives of the European Union and the United States, who urged them to withdraw their boycott and reach a compromise. But after the election, some DP deputies threatened to boycott both the upcoming parliamentary elections as well as local elections. As David Clark has correctly emphasized, “(a)n election with only one participant would install a government with immense power but no legitimacy, dividing the country and forcing politics on to the street” (Clark 2017). This would make Albania ungovernable and with its key role in the Balkans, this would be a horrifying prospect for the whole region.

Literature:

Abrahams, Fred (2015): Modern Albania. From Dictatorship to Democracy in Europe. New York University Press.
Clark, David (2017): EU cannot ignore Albania’s descent into disorder, in: https://www.ft.com/content/7350d242-36fd-11e7-99bd-13beb0903fa3
EurAsia Daily (2017): Political crisis in Albania: parliamentarians failing to elect president
Подробнее: https://eadaily.com/en/news/2017/04/20/political-crisis-in-albania-parliamentarians-failing-to-elect-president
Deutsche Welle (2017): Ilir Meta ist neuer Präsident Albaniens, in: http://www.dw.com/de/ilir-meta-ist-neuer-pr%C3%A4sident-albaniens/a-38635445
Filaj-Ballvora, Vilma (2012): Acquittal highlights Albania’s ‘culture of impunity’, in: http://www.dw.com/en/acquittal-highlights-albanias-culture-of-impunity/a-15680992
Likmeta, Besa (2017): Albania MPs Elect Speaker Meta as President, in: http://www.balkaninsight.com/en/article/parliament-speaker-ilir-meta-elected-albania-president-04-28-2017

Albanian presidents and an incriminated political elite

Recent reports on a parliamentary speech of Deputy Blushi (member of the ruling Socialist Party) describing the incrimination of other deputies, or claims of an unlawful surveillance of President Bujar Nishani paint a picture of a very problematic political development in Albania. These reports match earlier accusations made in 2009 by then President Topi from the conservative Democratic Party. In the following post I will briefly portray the president’s role in the political system and embed this in a description of the difficulties arising from the politicized state security forces and judiciary with a strong clientilism trying to make the president the “henchman of the prime minister” (Osterberg-Kaufmann forthcoming).

Presidential power in Albania

With a pre-emptive transition process accompanying independence and the personal continuity during the constitution-making process in the early 1990s, Albania was predestined to design a strong presidential institution. This process of democratization initially perpetuated the totalitarian and personalized cult around Hoxcha, who was the leader of communist Albania for over 42 years (Osterberg-Kaufmann 2012, 221). The premise for the establishment of a de facto delegative democracy in the 1990s was the close relation between a paternal figure and the non-scrutinized nature of presidential leadership (O’Donnell 1994, 59). The socialist constitution was replaced in April 1991 with an interim constitution. This interim constitution reproduced the old leadership pattern, offering President Sali Berisha the opportunity to bypass and marginalize parliament. From today’s perspective, the presidential power of Berisha up until 1998 can be considered relatively strong. This is partly to blame for the fact that in 1996 “Albania had degenerated into an illusion of democracy with an isolated authoritarian president, facing no effective parliamentary opposition, supported by an overly large highly politicized security apparatus” (Fischer 2010, 428).

Following the crisis of a failed draft constitution, but even more so the economic and political crisis of 1997 and 1998, the constitution-making process was dominated by the landmark establishment of a parliamentary system with an indirectly elected president, supported by a referendum. Nowadays Albania has one of the constitutionally weaker presidents in South-East Europe. According to Art. 85, the president has suspensive legislative veto powers, which can be overruled by an absolute majority, and according to Art. 134 the president (along with other institutions) can initiate a judicial review. Following the logic of a parliamentary system, the president nominates the prime minister (Art. 96 Sec. 1-4), which has to be confirmed by a majority in parliament. Overall, the presidential role remains reactive. This observation is also confirmed by the absence of a presidential legislative initiative. His competences are limited and, in addition, not even concentrated on standard competences expected also for a parliamentary system, which is different from for example Macedonia, and which entails a systematically weak position for the president.

Lustration Law 2009

With the competence of a legislative veto, the Albanian President would have the opportunity to at least establish some moments of power and thus influence both the policy agenda and the expectations of rivaling political institutions, as well as the public. Yet, in case the opportunity structure arises (for example in terms of public support for a veto), presidents choose to avoid the political confrontation. In the following, I will illustrate this for a highly controversial legislative project: a lustration law. This law also gave a brief glimpse (thanks to the reports in wikileaks) about the informal pressure behind political decision-making in Albania.

With the possibility of “the firing of anyone without proving he or she committed a crime” (Koci 2014), the 2009 lustration law became a confrontational issue between Prime Minister Sali Berisha and President Bamir Topi (both at that time important figures in the conservative Democratic Party[1]). The political positions in this difficult case were clear: President Topi was against this legislative project based on its far-reaching consequences. Prime Minister Berisha was pushing for the implementation of this internationally criticized law. It certainly carries a sad irony that Topi, who had not been politically active in communist times, thought of returning the lustration law to parliament. After all, this law had the function of banning former secret police officers, or employees in the judicial system, from public employment. Some authors consider the draft of the law in 2008 to have “[…] coincided with the prosecution of one of the biggest corruption charges, the so called Gerdec affair, which exposed several current ministers” (Elbasani and Lipinski 2011, 10). In a confidential interview between a US-diplomat with the then-President Topi, the president claims “[…] that in the event he vetoes the Lustration Law the DP [Democratic Party, author] would launch a “frontal assault” against him, including a smear campaign to paint him as protecting former communists” (Wikileaks 2009a).

Nevertheless, Topi confirmed in another confidential conversation “that representatives of former victims of the Albanian communist regime – a key political constituency for Topi – unanimously urged (him) [Topi] not to reject outright the Lustration Law, claiming that to do so would be politically devastating for him” (Wikileaks 2009b). Although the constitutional court later abolished the law, Topi’s obvious fear limited his radius of action. Although it should be clear that Wikileaks as the source of information chosen here has to be handled with care, considering that the statements given in private to a United States official might have different motivational backgrounds. However, despite the obvious opportunity structure, President Topi did not use his legislative veto. The Albanian Constitutional Court declared the lustration law as unconstitutional in 2010. The decision of the constitutional court was no surprise, as the lustration law from 2009 would have allowed for the prosecution of half the constitutional court (Likmeta 2012).

Discussion

Presidents in Albania obviously face high informal pressures to align with the government. Due to the sensitivity of informal influence we are hardly ever able to consistently trace this problem. However, the two reports of the two presidents show how informal pressure on president in Albania might work. And although the accusations of Bujar Nishani from 2015 were – at least what it looks like at the moment – a political move and not followed by any legal action, they show a similar pattern as the accusations of Bamir Topi in 2009. Both claims are nearly impossible to verify and go in hand with legislative initiatives concerning reforms of the legal system. A series of political corruption scandals, the grave distrust of the public towards the political elite and a political culture characterized by a specific form of personalization and clientilism is thus seriously damaging Albania’s democratic development.

References:

Elbasani, Arolda, and Artur Lipinski. 2011. “Public contestation and politics of transitional justice: Poland and Albania compared.” EUI Working Paper Series 11. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956796

Fischer, Bernd J. 2010. “Albania since 1989: the Hoxhaist legacy.” In Central and Southeast European Politics since 1989, edited by Sabrina P. Ramet, 421–44. Cambridge: Cambridge Univ Press.

Fruhstorfer, Anna and Michael Hein. forthcoming. Constitutional Politics in Central and Eastern Europe: From Post-Socialist Transition to the Reform of Political Systems.  Wiesbaden. VS Springer.

Koci, Jonilda. “Albanian lustration law criticised.” SETimes.com. Unpublished manuscript, last modified May 09, 2014. http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/features/2009/02/05/feature-02.

Likmeta, Besar. 2012.”Albania President Savages Berisha’s Communist Past.” Balkan Insights. March 7. Accessed January 20, 2015. http://www.balkaninsight.com/en/article/albania-president-pans-berisha-for-his-communist-past

O’Donnell, Guillermo A. 1994. “Delegative democracy.” Journal of Democracy 5 (1): 55–69.

Osterberg-Kaufmann, Norma. 2012. Erfolg und Scheitern von Demokratisierungsprozessen: VS Verlag für Sozialwissenschaften.

Osterberg-Kaufmann, Norma. forthcoming. „Constitutional Politics in Albania.“ In: Constitutional Politics in Central and Eastern Europe: From Post-Socialist Transition to the Reform of Political Systems. edited by Anna Fruhstorfer and Michael Hein. Wiesbaden. VS Springer.

Ramet, Sabrina P., ed. 2010. Central and Southeast European Politics since 1989. Cambridge: Cambridge Univ Press.

Wikileaks. 2009a. “PRESIDENT TOPI; IT’S LONELY AT THE TOP.” Accessed May 09, 2014. https://www.wikileaks.org/plusd/cables/09TIRANA9_a.html.

———. 2009b. “PRESIDENT TOPI LEANING AGAINST VETO OF LUSTRATION LAW.” Accessed May 09, 2014. https://www.wikileaks.org/plusd/cables/09TIRANA18_a.html.

[1] Partia Demokratike e Shqipërisë (PD)