The President of Albania decrees the holding date for the referendum on the Law for “The integrated management of residue”

The President of Albania decrees the holding date for the referendum on the Law for “The integrated management of residue”

Tirana, 9 April 2013

The President of the Republic of Albania, Bujar Nishani, decreed the date of December 22nd, 2013 for the holding of the general referendum which has as its object the abrogation of Article 22, point 3 and Article 49 of the Law number 10463, dated September 22nd, 2011 for “The integrated management of refuse.”

Following is the report for the determination of referendum’s date:

On November 30th, 2011, a request to start the procedures for the holding of a general referendum to abrogate a part of the Law number 10463, dated September 22nd, 2011 for “The integrated management of refuse” was presented to the Central Election Commission.

The Central Election Commission through the decision number 1236, dated December 22nd, 2011, decided to approve the model of the sample ballot for the collection of signatures of fifty thousand voters as it is sanctioned by the Article 150 of the Constitution of the Republic of Albania and by Article 127 of the Law number 9087, dated June 19th, 2003 of the ‘Electoral Code of the Republic of Albania.”

At the conclusion of the process verifying the signatures and the correctness of the voters’ identification documents, the Central Election Commission through its decision number 10, dated June 28th, 2012, decided to accept the application to hold the general referendum to abrogate part of the Law numbered 10463, dated September 22nd, 2011 for “The integrated management of refuse” and the request presented to the President of the Republic and to the Constitutional Court on January 1st, 2013. The postponement of the request sending by the Central Election Commission was reasoned and based on the determination of the ninth part of the Law number 9087, dated June 19th, 2003 “The Electoral Code of the Republic of Albania.”

The Constitutional Court, through its decision number 8, dated March 8th, 2013 decided to accept the request and to declare as incompatible with the Constitution the request to hold the general referendum for the abrogation of Article 22, point 3 and Article 49 of the Law number 10463, dated September 22nd, 2011 for “The integrated management of refuse.”

Base on Article 152, point 3 of the Constitution, the President of the Republic set the date of the referendum within 45 days from the proclamation of the positive decision by the Constitutional Court. In accordance to this constitutional provision and Article 119, point 6 of the Electoral Code of 2003, the request for referendum, which did not pass all the required procedures within the date of March 15th, 2012, was postponed until the year 2013. Meanwhile Article 119, point 2 of the Electoral Code of 2003 does not permit the holding of a general referendum within the 6 months period before the conclusion of the Assembly’s mandate until 3 months after the first session of the new Assembly (according to a cast, this period corresponds to the dates March 7th, 2013 until December 17th, 2013).

Regarding all of the above, the President of the Republic is enabled to determine the date December 22nd or 29th, 2013 as the date of referendum’s holding.

Under such conditions, the President of the Republic decided to determine December 22nd, 2013 as the date to hold the general referendum which has as its object the abrogation of Article 22, point 3 and Article 49 of the Law number 10463, dated September 22nd, 2011 for “The integrated management of refuse”.