Legal Restrictions on the Right to Vote in Albania’s Parliamentary Elections and EU Accession

by Ilir BARJABA

Juris Doctor
PhD Candidate
University of Tirana, Faculty of Law, Department of Public Law

Abstract
This paper presents a comprehensive legal analysis of current voting restrictions and the right to be elected in Albania, examining both national legislation and international democratic standards. While Albania has undertaken substantial electoral reforms in pursuit of European Union accession, the framework governing voting rights remains problematic due to exclusionary provisions and systemic barriers. Key constraints include the disenfranchisement of prisoners, persons with mental disabilities, and long-term non-resident citizens; insufficient accommodations for persons with disabilities; and procedural complexities that hinder effective legal redress. The study employs a doctrinal legal research method, combining textual analysis of constitutional provisions, the Electoral Code, and relevant legislation with jurisprudential review of Constitutional Court and European Court of Human Rights (ECtHR) cases. A comparative approach is applied to contextualize Albania’s legal framework within the broader Western Balkans region, while secondary sources, such as OSCE/ODIHR reports, Venice Commission opinions, and academic scholarship, are used to critically evaluate compliance with international obligations under the ICCPR, ECHR, and CRPD. The analysis also draws on field reports and policy assessments to identify the practical impact of legal restrictions on marginalized groups. The findings reveal that despite constitutional guarantees of universal suffrage and recent reforms, Albania continues to be deficient of ensuring inclusive and accessible elections. Disenfranchisement of vulnerable groups, combined with weak enforcement of existing protections, undermines both democratic legitimacy and EU accession prospects. The paper concludes that Albania must pursue deeper structural reforms beyond formal legislative amendments, particularly by strengthening enforcement mechanisms, ensuring accessibility, and further improving the mechanism of diaspora voting. Only by addressing these gaps can Albania achieve substantive compliance with international democratic standards and build durable public trust in its electoral institutions.
Keywords: voting rights, electoral legislation, court decisions, electoral inclusivity, democratic legitimacy, international obligations.

https://doi.org/10.58944/tluc4005