The election of the President in the Republic of Albania and in the Republic of Italy. Comparative overview

• Author: Anton Gera - Aurela Gera
• Position: 'Aleksandër Moisiu' University, Durrës
• Pages: 225-234

225

Vol. 3 No. 3

January, 2018

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

The election of the President in the Republic of Albania and in the Republic

of Italy. Comparative overview

PhD (C.) Anton Gera

“Aleksandër Moisiu” University, Durrës

MSc. Aurela Gera

“Aleksandër Moisiu” University, Durrës

Introduction

It is very dicult when it comes to describing the duties of the Head of State in the

parliamentary systems. He can hold dierent political and constitutional duties that make

him go from serving as a constitutional guarantee to serving as legislative body. According to

the rst approach, the President of the Republic must never intervene in the politically-based

elections because this is something that belongs only to the political parties, the parliament

and the government and his job in this case should be that of guaranteeing the right and

proper functionality of the Constitutional system.

Whereas the second approach makes it possible for the President to have the right to intervene

in all the cases when the politics and the parties cannot reach to an agreement about the

problems that they are facing, such the problems regarding the formation of the government,

problems regarding the parliamentary crisis, the announcement of early elections, etc. Both

the Albanian and Italian constitutions have foreseen a President that is detached from the

Government and serves as the head of State and as the representative of the people’s unity.

None of the Constitutions include any part regarding the complex role of the President. Those

powers are limited based on the characteristics of the constitutional body which are: his

wide representation given the way he was elected, giving him some competences like that of

appointing the Prime Minister, taking the laws back to the parliament, etc.

The President of the Republic is a Constitutional Body that represents the State in its Unity

and its continuity, by acting as the guarantee of the whole people of the Country. He acts

independently and autonomously when it comes to providing solutions for the dierent

political forces, the Parliament and the Government. This prerogative neutrality empowers

his presence as a representative of not only of the majority but also as the representative of the

whole citizens and he also plays another important role, that of the Constitutional guarantee.

The Head of State has to observe how the laws described by the Constitution are enforced and

he achieves this through the dierent bodies of the State in order for none of them to prevail

above the others and he also veries the enforcement of the basic principles and values that

are foreseen in the Constitution.

The election of the President of the Republic of Italy

The discussion on the manner of the election of the President in the Republican

State1 has been long and conditional on the model of the elected Government2, in

the Constitutional Assembly. Moving within the constraints imposed by the form of

1 Thisishowitisdenedinrstparagraphofthearticleno:87intheConstitutionofItaly:ThePresidentis

the head of the State and he represents the national unity.

2 ThroughthereferendumthatwasheldonJune,2,1946,theItaliancitizenshaschosentobegovernedbya

ParliamentaryRepublic.