آمار بازدید سایت
کاربران آنلاين: ۱
بازديد امروز: ۹
بازديد روز قبل: ۱۸
بازديد هفته: ۱۴۳
بازديد ماه: ۱۵۴۴
بازديد کل: ۶۲۸۵۵۸۳
آي پي: ۱۹۲.۱۶۸.۰.۱۸۷
قوانين اساسي کشورها > انگليسي > ۱۳۸۷/۰۶/۲۷
۳۱۷ بازدید
 
   

Albania



Part one
Basic Principles

Article ۱

۱.
Albania is a parliamentary republic. ۲. The Republic of Albania is a
unitary and indivisible state. ۳. Governance is based on a system of
elections that are free, equal, general and periodic.

Article ۲

۱.
Sovereignty in the Republic of Albania belongs to the people. ۲. The
people exercise sovereignty through their representatives or directly.
۳. For the maintenance of peace and national interests, the Republic of
Albania may take part in a system of collective security, on the basis
of a law approved by a majority of all the members of the Assembly.

Article ۳

The
independence of the state and the integrity of its territory, dignity
of the individual, human rights and freedoms, social justice,
constitutional order, pluralism, national identity and inheritance,
religious coexistence, as well as coexistence with, and understanding
of Albanians for, minorities are the bases of this state, which has the
duty of respecting and protecting them.

Article ۴

۱.
The law constitutes the basis and the boundaries of the activity of the
state. ۲. The Constitution is the highest law in the Republic of
Albania. ۳. The provisions of the Constitution are directly applicable,
except when the Constitution provides otherwise.


Article ۵

The Republic of Albania applies international law that is binding upon it.

Article ۶

The
organization and functioning of the organs contemplated by this
Constitution are regulated by their respective laws, except when this
Constitution provides otherwise.

Article ۷

The system
of government in the Republic of Albania is based on the separation and
balancing of legislative, executive and judicial powers.

Article ۸

۱.
The Republic of Albania protects the national rights of the Albanian
people who live outside its borders. ۲. The Republic of Albania
protects the rights of its citizens with a temporary or permanent
residence outside its borders. ۳. The Republic of Albania assures
assistance for Albanians who live and work abroad in order to preserve
and develop their ties with the national cultural inheritance.

Article ۹

۱.
Political parties are created freely. Their organization shall conform
with democratic principles. ۲. Political parties and other
organizations, the programs and activity of which are based on
totalitarian methods, which incite and support racial, religious,
regional or ethnic hatred, which use violence to take power or
influence state policies, as well as those with a secret character, are
prohibited pursuant to the law. ۳. The financial sources of parties as
well as their expenses are always made public.

Article ۱۰

۱.
In the Republic of Albania there is no official religion. ۲. The state
is neutral in questions of belief and conscience, and also, it
guarantees the freedom of their expression in public life. ۳. The state
recognizes the equality of religious communities. ۴. The state and the
religious communities mutually respect the independence of one another
and work together for the good of each of them and for all. ۵.
Relations between the state and religious communities are regulated on
the basis of agreements entered into between their representatives and
the Council of Ministers. These agreements are ratified by the
Assembly. ۶. Religious communities are juridical persons. They have
independence in the administration of their properties according to
their principles, rules and canons, to the extent that interests of
third parties are not infringed.

Article ۱۱

۱. The
economic system of the Republic of Albania is based on private and
public property, as well as on a market economy and on freedom of
economic activity. ۲. Private and public properties are equally
protected by law. ۳. Limitations on the freedom of economic activity
may be established only by law and for important public reasons.

Article ۱۲

۱.
The armed forces secure the independence of the country, as well as
protect its territorial integrity and constitutional order. ۲. The
armed forces maintain neutrality in political questions and are subject
to civilian control. ۳. No foreign military force may be situated in,
or pass through, the Albanian territory, as well no Albanian military
force may be sent abroad, except by a law approved by a majority of all
members of the Assembly.

Article ۱۳

Local government
in the Republic of Albania is founded upon the basis of the principle
of decentralization of power and is exercised according to the
principle of local autonomy.

Article ۱۴

a. The
official language in the Republic of Albania is Albanian. b. The
national flag is red with a two-headed black eagle in the center. c.
The seal of the Republic of Albania presents a red shield with a black,
two-headed eagle in the center. At the top of the shield, in gold
color, is the helmet of Skanderbeg. d. The national anthem is "United
Around Our Flag." e. The National Holiday of the Republic of Albania is
Flag Day, November ۲۸. f. The capital city of the Republic of Albania
is Tirana. g. The form and dimensions of the national symbols, the
content of the text of the national anthem, and their use shall be
regulated by law.


Part two
The Fundamental Human Rights And Freedoms

Chapter I
General Principles

Article ۱۵

۱.
The fundamental human rights and freedoms are indivisible, inalienable,
and inviolable and stand at the basis of the entire juridical order. ۲.
The organs of public power, in fulfillment of their duties, shall
respect the fundamental rights and freedoms, as well as contribute to
their realization.

Article ۱۶

۱. The fundamental
rights and freedoms and the duties contemplated in this Constitution
for Albanian citizens are also valid for foreigners and stateless
persons in the territory of the Republic of Albania, except for cases
when the Constitution specifically attaches the exercise of particular
rights and freedoms with Albanian citizenship. ۲. The fundamental
rights and freedoms and the duties contemplated in this Constitution
are valid also for juridical persons so long as they comport with the
general purposes of these persons and with the core of these rights,
freedoms and duties.

Article ۱۷

۱. The limitation of
the rights and freedoms provided for in this Constitution may be
established only by law for a public interest or for the protection of
the rights of others. A limitation shall be in proportion with the
situation that has dictated it. ۲. These limitations may not infringe
the essence of the rights and freedoms and in no case may exceed the
limitations provided for in the European Convention on Human Rights.

Article ۱۸

۱.
All are equal before the law. ۲. No one may be unjustly discriminated
against for reasons such as gender, race, religion, ethnicity,
language, political, religious or philosophical beliefs, economic
condition, education, social status, or ancestry. ۳. No one may be
discriminated against for reasons mentioned in paragraph ۲ if
reasonable and objective legal grounds do not exist.

Article ۱۹

۱.
Everyone born of at least one parent with Albanian citizenship gains
automatically Albanian citizenship. Albanian citizenship is gained also
for other reasons provided by law. ۲. An Albanian citizen may not lose
his citizenship, except when he gives it up.

Article ۲۰

۱.
Persons who belong to national minorities exercise in full equality
before the law the human rights and freedoms. ۲. They have the right to
freely express, without prohibition or compulsion, their ethnic,
cultural, religious and linguistic belonging. They have the right to
preserve and develop it, to study and to be taught in their mother
tongue, as well as unite in organizations and societies for the
protection of their interests and identity.

Chapter II
Personal Rights And Freedoms

Article ۲۱

The life of a person is protected by law.

Article ۲۲

۱.
Freedom of expression is guaranteed. ۲. The freedom of the press, radio
and television are guaranteed. ۳. Prior censorship of a means of
communication is prohibited. ۴. The law may require the granting of
authorization for the operation of radio or television stations.

Article ۲۳

۱.
The right to information is guaranteed. ۲. Everyone has the right, in
compliance with law, to get information about the activity of state
organs, as well as of persons who exercise state functions. ۳.
Everybody is given the possibility to follow the meetings of
collectively elected organs.

Article ۲۴

۱. Freedom of
conscience and of religion is guaranteed. ۲. Everyone is free to choose
or to change his religion or beliefs, as well as to express them
individually or collectively, in public or private life, through cult,
education, practices or the performance of rituals. ۳. No one may be
compelled or prohibited to take part or not in a religious community or
in religious practices or to make his beliefs or faith public.

Article ۲۵

No one may be subjected to cruel, inhuman or degrading torture, punishment or treatment.

Article ۲۶

No
one may be required to perform forced labor, except in cases of the
execution of a judicial decision, the performance of military service,
or for a service that results from a state of emergency, war or natural
disaster that threatens human life or health.

Article ۲۷

۱.
No one"s liberty may be taken away except in the cases and according to
the procedures provided by law. ۲. Freedom of a person may not be
limited, except in the following cases: a. when he is punished with
imprisonment by a competent court; b. for failure to comply with the
lawful orders of the court or with an obligation set by law; c. when
there are reasonable suspicions that he has committed a criminal
offense or to prevent the commission by him of a criminal offense or
his escape after its commission; d. for the supervision of a minor for
purposes of education or for escorting him to a competent organ; e.
when a person is the carrier of a contagious disease, mentally
incompetent and dangerous to society; f. for illegal entry at state
borders or in cases of deportation or extradition. ۳. No one may be
deprived of liberty just because he is not in a condition to fulfill a
contractual obligation.

Article ۲۸

۱. Everyone whose
liberty has been taken away has the right to be notified immediately,
in a language that he understands, of the reasons for this measure, as
well as the accusation made against him. The person whose liberty has
been taken away shall be informed that he has no obligation to make a
declaration and has the right to communicate immediately with a lawyer,
and he shall also be given the possibility to realize his rights. ۲.
The person whose liberty has been taken away, according to article ۲۷,
paragraph ۲, subparagraph c), must be sent within ۴۸ hours before a
judge, who shall decide upon his pre-trial detention or release not
later than ۴۸ hours from the moment he receives the documents for
review. ۳. A person in pre-trial detention has the right to appeal the
judge"s decision. He has the right to be tried within a reasonable
period of time or to be released on bail pursuant to law. ۴. In all
other cases, the person whose liberty is taken away extra-judicially
may address a judge at anytime, who shall decide within ۴۸ hours
regarding the legality of this action. ۵. Every person whose liberty
was taken away pursuant to article ۲۷, has the right to humane
treatment and respect for his dignity.

Article ۲۹

۱.
No one may be accused or declared guilty of a criminal act that was not
considered as such by law at the time of its commission, with the
exception of cases, which at the time of their commission, according to
international law, constitute war crimes or crimes against humanity. ۲.
No punishment may be given that is more severe than that which was
contemplated by law at the time of commission of the criminal act. ۳. A
favorable criminal law has retroactive effect.

Article ۳۰

Everyone is considered innocent so long as his guilt is not proven by a final judicial decision.

Article ۳۱

During a criminal proceeding, everyone has the right:

a.
to be notified immediately and in detail of the accusation made against
him, of his rights, as well as to have the possibility created to
notify his family or those close to him; b. to have the time and
sufficient facilities to prepare his defense; c. to have the assistance
without payment of a translator, when he does not speak or understand
the Albanian language; d. to be defended by himself or with the
assistance of a legal defender chosen by him; to communicate freely and
privately with him, as well as to be assured of free defense when he
does not have sufficient means; e. to question witnesses who are
present and to seek the presentation of witnesses, experts and other
persons who can clarify the facts.

Article ۳۲

۱. No
one may be obliged to testify against himself or his family or to
confess his guilt. ۲. No one may be declared guilty on the basis of
data collected in an unlawful manner.

Article ۳۳

۱. No
one may be denied the right to be heard before being judged. ۲. A
person who is hiding from justice may not take advantage of this right.


Article ۳۴

No one may be punished more than one time
for the same criminal act nor be tried again, except for cases when the
re-adjudication of the case is decided on by a higher court, in the
manner specified by law.

Article ۳۵

۱. No one may be
obliged, except when the law requires it, to make public data connected
with his person. ۲. The collection, use and making public of data about
a person is done with his consent, except for the cases provided by
law. ۳. Everyone has the right to become acquainted with data collected
about him, except for the cases provided by law. ۴. Everyone has the
right to request the correction or expunging of untrue or incomplete
data or data collected in violation of law.

Article ۳۶

The freedom and secrecy of correspondence or any other means of communication are guaranteed.

Article ۳۷

۱.
The inviolability of the residence is guaranteed. ۲. Searches of a
residence, as well as the premises that are equivalent to it, may be
done only in the cases and manner provided by law. ۳. No one may be
subjected to a personal search outside a criminal proceeding, with the
exception of the cases of entry into the territory of the state and the
leaving of it, or to avoid a risk that threatens public security.

Article ۳۸

۱.
Everyone has the right to choose his place of residence and to move
freely to any part of the territory of the state. ۲. No one may be
hindered to go freely out of the state.

Article ۳۹

۱.
No Albanian citizen may be expelled from the territory of the state. ۲.
Extradition may be permitted only when it is expressly provided in
international agreements, to which the Republic of Albania is a party,
and only by judicial decision. ۳. The collective expulsion of
foreigners is prohibited. The expulsion of individuals is permitted
under the conditions specified by law.

Article ۴۰

Foreigners have the right of refuge in the Republic of Albania according to law.

Article ۴۱

۱.
The right of private property is guaranteed. ۲. Property may be gained
by gift, inheritance, purchase, or any other classical means provided
by the Civil Code. ۳. The law may provide for expropriations or
limitations in the exercise of a property right only for public
interests. ۴. The expropriations or limitations of a property right
that are equivalent to expropriation are permitted only against fair
compensation. ۵. For disagreements connected with the extent of the
compensation, a complaint may be filed in court.

Article ۴۲

۱.
The freedom, property, and rights recognized in the Constitution and by
law may not be infringed without due process. ۲. Everyone, to protect
his constitutional and legal rights, freedoms, and interests, or in the
case of an accusation raised against him, has the right to a fair and
public trial, within a reasonable time, by an independent and impartial
court specified by law.

Article ۴۳

Everyone has the right to appeal a judicial decision to a higher court, except when the Constitution provides otherwise.

Article ۴۴

Everyone has the right to be rehabilitated and/or indemnified in compliance with law if he is
Damaged because of an unlawful act, action or failure to act of the state organs.

Chapter III
Political Rights And Freedoms

Article ۴۵

۱.
Every citizen who has reached the age of ۱۸, even on the date of the
elections, has the right to elect and to be elected. ۲. Citizens who
have been declared mentally incompetent by a final court decision do
not have the right to elect. ۳. Convicts that are serving a sentence
that deprives them of freedom have only the right to elect. ۴. The vote
is personal, equal, free and secret.

Article ۴۶

۱.
Everyone has the right to organize collectively for any lawful purpose.
۲. The registration of organizations or societies in court is done
according to the procedure provided by law. ۳. Organizations or
societies that pursue unconstitutional purposes are prohibited pursuant
to law.

Article ۴۷

۱. Freedom of peaceful meetings and
without arms, as well the participation in them is guaranteed. ۲.
Peaceful meetings in squares and places of public passage are held in
conformity with the law.

Article ۴۸

Everyone, by
himself or together with others, may direct requests, complaints or
comments to the public organs, which are obliged to answer in the time
periods and conditions set by law.


Chapter IV
Economic, Social And Cultural Rights And Freedoms

Article ۴۹

۱.
Everyone has the right to earn the means of living by lawful work that
he has chosen or accepted himself. He is free to choose his profession,
place of work, as well as his own system of professional qualification.
۲. Employees have the right to social protection of work.

Article ۵۰

Employees have the right to unite freely in labor organizations for the defense of their work interests.

Article ۵۱

۱.
The right of an employee to strike in connection with work relations is
guaranteed. ۲. Limitations on particular categories of employees may be
established by law to assure essential social services.

Article ۵۲

۱.
Everyone has the right to social security in old age or when he is
unable to work, according to a system set by law. ۲. Everyone, who
remains without work for reasons independent of their volition, and has
no other means of support, has the right to assistance under the
conditions provided by law.

Article ۵۳

۱. Everyone has
the right to get married and have a family. ۲. Marriage and family
enjoy special protection of the state. ۳. The entering into and
dissolution of marriage are regulated by law.

Article ۵۴

۱.
Children, the young, pregnant women and new mothers have the right to
special protection by the state. ۲. Children born out of wedlock have
equal rights with those born within marriage. ۳. Every child has the
right to be protected from violence, ill treatment, exploitation and
their use for work, especially under the minimum age for work, which
could damage their health and morals or endanger their life or normal
development.

Article ۵۵

۱. Citizens enjoy in an equal
manner the right to health care from the state. ۲. Everyone has the
right to health insurance pursuant to the procedure provided by law.

Article ۵۶

Everyone has the right to be informed for the status of the environment and its protection.

Article ۵۷

۱.
Everyone has the right to education. ۲. Mandatory school education is
determined by law. ۳. General high school public education is open for
all. ۴. Professional high school education and higher education can be
conditioned only on criteria of abilities. ۵. Mandatory education and
general high school education in public schools are free. ۶. Pupils and
students may also be educated in private schools of all levels, which
are created and operated on the basis of law. ۷. The autonomy and
academic freedom of higher education institutions are guaranteed by
law.

Article ۵۸

۱. Freedom of artistic creation and
scientific research, placing in use, as well as profit from their
results are guaranteed for all. ۲. Copyright is protected by law.


Chapter V
Social Objectives
Article ۵۹

۱.
The state, within its constitutional powers and the means at its
disposal, aims to supplement private initiative and responsibility
with: a. Employment under suitable conditions for all persons who are
able to work; b. Fulfillment of the housing needs of its citizens; c.
the highest possible standard of health, physical and mental; d.
education and qualification according to ability of children and the
young, as well as unemployed persons; e. a healthy and ecologically
adequate environment for the present and future generations; f.
rational exploitation of forests, waters, pastures and other natural
resources on the basis of the principle of sustainable development; g.
care and help for the aged, orphans and persons with disabilities; h.
development of sport and of recreation activities; i. health
rehabilitation, specialized education and integration in society of
disabled people, as well as continual improvement of their living
conditions; j. protection of national cultural heritage and particular
care for the Albanian language. ۲. Fulfillment of social objectives may
not be claimed directly in court. The law defines the conditions and
extent to which the realization of these objectives can be claimed.


Chapter VI
People"s Advocate

Article ۶۰

۱.
The People"s Advocate defends the rights, freedoms and lawful interests
of individuals from unlawful or improper actions or failures to act of
the organs of public administration. ۲. The People"s Advocate is
independent in the exercise of his duties. ۳. The People"s Advocate has
his own budget, which he administers himself. He proposes the budget
pursuant to law.

Article ۶۱

۱. The People"s Advocate
is elected by three-fifths of all members of the Assembly for a
five-year period, with the right of reelection. ۲. Any Albanian citizen
with higher education, and with recognized knowledge and recognized
activity in the field of human rights and law may be the People"s
Advocate. ۳. The People"s Advocate enjoys the immunity of a judge of
the High Court. ۴. The People"s Advocate may not take part in any
political party, carry on any other political, state or professional
activity, nor take part in the management organs of social, economic
and commercial organizations.

Article ۶۲

۱. The
People"s Advocate may be discharged only on the reasoned complaint of
not less than one-third of the deputies. ۲. In this case, the Assembly
makes a decision with three-fifths of all its members.

Article ۶۳

۱.
The People"s Advocate presents an annual report before the Assembly. ۲.
The People"s Advocate reports before the Assembly when it is requested
of him, and he may request the Assembly to hear him on matters he
determines important. ۳. The People"s Advocate has the right to make
recommendations and to propose measures when he observes violations of
human rights and freedoms by the public administration. ۴. Public
organs and officials are obligated to present to the People"s Advocate
all documents and information requested by him.

Part Three
The Assembly

Chapter I
Election And Term

Article ۶۴

۱.
The Assembly consists of ۱۴۰ deputies. One-hundred deputies are elected
directly in single-member electoral zones with an approximate number of
voters. Forty deputies are elected from the multi-name lists of parties
or party coalitions according to their respective order. ۲. The total
number of deputies of a party or a party coalition shall be, to the
closest possible extent, proportional to the valid votes won by them on
the national scale in the first round of elections. ۳. Parties that
receive less than ۲.۵ per cent, and party coalitions that receive less
than ۴ per cent, of the valid votes on the national scale in the first
round of elections do not benefit from their respective multi-name
lists.

Article ۶۵

۱. The Assembly is elected for four
years. ۲. Elections for the Assembly are held within ۶۰ to ۳۰ days
before the end of the mandate and not later than ۴۵ days after its
dissolution. ۳. The mandate of the Assembly continues until the first
meeting of the new Assembly. In this interval, the Assembly may not
issue laws or take decisions, except when extraordinary measures have
been established.

Article ۶۶

The mandate of the
Assembly is extended only in the case of war and for so long as it
Continues. When the Assembly is dissolved, it recalls itself.

Article ۶۷

۱.
The newly elected Assembly is called to its first meeting by the
President of the Republic no later than ۲۰ days from the conclusion of
the elections. ۲. If the President of the Republic does not exercise
this power, the Assembly must convene itself within ۱۰ days from the
end of the term provided in paragraph ۱ of this article.


Chapter II
The Deputies

Article ۶۸

۱.
Candidates for deputy may be presented only by political parties,
coalitions of parties, and voters. ۲. The rules for the designation of
candidates for deputy, for the organization and conduct of the
elections, as well as the definition of electoral zones and the
conditions of validity for elections, are regulated by the electoral
law.

Article ۶۹

۱. Without resigning from duty, the
following may not run as candidates nor be elected deputies: a. judges,
prosecutors; b. military servicemen on active duty; c. staff of the
police and of National Security; d. diplomatic representatives; e.
chairmen of municipalities and communes as well as prefects in the
places where they carry out their duties; f. chairmen and members of
the electoral commissions; g. the President of the Republic and the
high officials of the state Administration contemplated by law. ۲. A
mandate gained in violation of paragraph ۱ of this article is invalid.

Article ۷۰

۱.
Deputies represent the people and are not bound by any obligatory
mandate. ۲. Deputies may not simultaneously exercise any other public
duty with the exception of that of a member of the Council of
Ministers. Other cases of incompatibility are specified by law. ۳.
Deputies may not carry out any profit-making activity that stems from
the property of the state or of local government, nor may they acquire
their property. ۴. For every violation of paragraph ۳ of this article,
on the motion of the chairman of the Assembly or one-tenth of its
members, the Assembly decides on sending the issue to the
Constitutional Court, which determines the incompatibility.

Article ۷۱

۱.
The mandate of the deputy begins on the day when he is declared elected
by the respective electoral commission. ۲. The mandate of the deputy
ends or is invalid, as the case may be: a. when he does not take the
oath; b. when he resigns from the mandate; c. when one of the
conditions of ineluctability contemplated in articles ۶۹, and ۷۰,
paragraphs ۲ and ۳ is ascertained; d. when the mandate of the Assembly
ends; e. when he is absent for more than six consecutive months in the
Assembly without reason. f. when he is convicted by a final court
decision for commitment of a crime.

Article ۷۲

Before beginning the exercise of the mandate, the deputies take the oath in the Assembly.

Article ۷۳

۱.
A deputy does not bear responsibility for opinions expressed in the
Assembly and votes given. This provision is not applicable in the case
of defamation. ۲. A deputy may not be criminally prosecuted without the
authorization of the Assembly. Authorization is also required when he
is to be arrested. ۳. A deputy may be detained or arrested without
authorization when he is apprehended during or immediately after the
commission of a serious crime. In these cases, the General Prosecutor
immediately notifies the Assembly, which, when it determines that the
proceeding is misplaced, decides to lift the measure. ۴. For issues
contemplated in paragraphs ۲ and ۳, the Assembly decides by secret
vote.


Chapter III
Organization And Functioning

Article ۷۴

۱.
The Assembly conducts its annual work in two sessions. The first
session begins on the third Monday of January and the second session on
the first Monday of September. ۲. The Assembly meets in extraordinary
session when it is requested by the President of the Republic, the
Prime Minister or by one-fifth of all the deputies. ۳. Extraordinary
sessions are called by the Speaker of the Assembly on the basis of a
defined agenda.

Article ۷۵

۱. The Assembly elects and
discharges its chairman. ۲. The Assembly is organized and functions
according to regulations approved by the majority of all the members.

Article ۷۶

۱.
The Chairman chairs debates, directs the work, assures respect for the
rights of the Assembly and its members, as well as represents the
Assembly in relations with others. ۲. The highest civil employee of the
Assembly is the General Secretary. ۳. Other services necessary for the
functioning of the Assembly are carried out by other employees, as is
specified in the internal regulations.

Article ۷۷

۱.
The Assembly elects standing committees from its ranks and may also
establish special committees. ۲. The Assembly has the right and, upon
the request of one-fourth of its members is obliged, to designate
investigator committees to review a particular issue. Its conclusions
are not binding on the courts, but they may be made known to the office
of the prosecutor, which evaluates them according to legal procedures.
۳. Investigator committees operate according to the procedures set by
law.

Article ۷۸

۱. The Assembly decides with a
majority of votes, in the presence of more than half of its members,
except for the cases where the Constitution provides for a qualified
majority. ۲. Meetings of the deputies, which are convened without being
called in accordance to the regulations, do not have any effect.

Article ۷۹

۱.
Meetings of the Assembly are open. ۲. At the request of the President
of the Republic, the Prime Minister or one-fifth of the deputies,
meetings of the Assembly may be closed, when a majority of all its
members have voted in favor of it.

Article ۸۰

۱. The
Prime Minister and any other member of the Council of Ministers is
obligated to answer hearing and questions of the deputies within three
weeks. ۲. A member of the Council of Ministers has the right to take
part in meetings of the Assembly or of its committees; he is given the
floor whenever he requests it. ۳. The heads of state institutions, on
request of the parliamentary committees, give explanations and inform
on specific issues of their activity to the extent that law permits.


Chapter IV
The Legislative Process

Article ۸۱

۱.
The Council of Ministers, every deputy, and ۲۰,۰۰۰ electors each have
the right to propose laws. ۲. The following are approved by
three-fifths of all members of the Assembly: a. the laws for the
organization and operation of the institutions provided for in the
Constitution; b. the law on citizenship; c. the law on general and
local elections; d. the law on referenda; e. the codes; f. the law for
the state of emergency; g. the law on the status of public
functionaries; h. the law on amnesty; i. the law on administrative
divisions of the Republic.

Article ۸۲

۱. The proposal
of laws, when this is the case, must always be accompanied by a report
that justifies the financial expenses for its implementation. ۲. No
non-governmental draft law that makes necessary an increase in the
expenses of the state budget or diminishes income may be approved
without taking the opinion of the Council of Ministers, which must be
given within ۳۰ days from the date of receiving the draft law. ۳. If
the Council of Ministers does not give an answer within the above term,
the draft law passes for review according to the normal procedure.

Article ۸۳

۱.
A draft law is voted on three times: in principle, article by article,
and in its entirety. ۲. The Assembly may, at the request of the Council
of Ministers or one-fifth of all the deputies, review and approve a
draft law with an expedited procedure, but not sooner than one week
from the beginning of the procedure of review. ۳. The expedited
procedure is not permitted for the review of the draft laws
contemplated in Article ۸۱, paragraph ۲, with the exception of
subparagraph a.

Article ۸۴

۱. President of the
Republic promulgates the approved law within ۲۰ days from its
presentation. Article ۸۱ ۱. The Council of Ministers, every deputy, and
۲۰,۰۰۰ electors each have the right to propose laws. ۲. The following
are approved by three-fifths of all members of the Assembly: a. the
laws for the organization and operation of the institutions provided
for in the Constitution; b. the law on citizenship; c. the law on
general and local elections; d. the law on referenda; e. the codes; f.
the law for the state of emergency; g. the law on the status of public
functionaries; h. the law on amnesty; i. the law on administrative
divisions of the Republic.

Article ۸۵

۱. The President
of the Republic has the right to return a law for review only once. ۲.
The decree of the President for the review of a law loses its effect
when a majority of all the members of the Assembly vote against it.

Part Four
The President Of The Republic


Article ۸۶

۱.
The President of the Republic is the Head of State and represents the
unity of the people. ۲. Only an Albanian citizen by birth who has been
a resident in Albania for not less than the past ۱۰ years and who has
reached the age of ۴۰ may be elected President.

Article ۸۷

۱.
A candidate for President is proposed to the Assembly by a group of not
less than ۲۰ of its members. A member is not permitted to take part in
more than one proposing group. ۲. The President of the Republic is
elected by secret vote and without debate by the Assembly by a majority
of three-fifths of all its members. ۳. When this majority is not
reached in the first voting, a second voting takes place within ۷ days
from the day of the first voting. ۴. When this majority is not reached
even in the second voting, a third voting takes place within ۷ days. ۵.
When there is more than one candidate and none of them has received the
required majority, within ۷ days, a fourth voting takes place between
the two candidates who have received the greatest number of votes. ۶.
If even in the fourth voting neither of the two candidates has received
the required majority, a fifth one takes place. ۷. If even in the fifth
voting neither of the two candidates has received the required
majority, the Assembly is dissolved and new general elections take
place within ۶۰ days. ۸. The new Assembly elects the President pursuant
to the procedure contemplated by paragraphs ۱ to ۷ of this article. If
even the new Assembly does not elect the President, the Assembly is
dissolved and new general elections take place within ۶۰ days. ۹. The
subsequent Assembly elects the President of the Republic by a majority
of all its members.

Article ۸۸

۱. The President of the
Republic is in every case elected for ۵ years, with the right of
reelection only once ۲. The procedure for the election of the President
begins no later than ۳۰ days before the end of the previous
presidential mandate. ۳. The President begins his duties after he takes
the oath before the Assembly, but not before the mandate of the
President who is leaving has been completed. The President swears as
follows:
"I swear that I will obey to the Constitution and laws of
the country, that I will respect the rights and freedoms of citizens,
protect the independence of the Republic, and I will serve the general
interest and the progress of the Albanian People." The President may
add: "So help me God!"
۴. A President who resigns before the end
of his mandate may not be a candidate in the presidential election that
takes place after his resignation.

Article ۸۹

The
President of the Republic may not hold any other public duty, may not
be a member of a party or carry out other private activity.

Article ۹۰

۱.
The President of the Republic is not responsible for acts carried out
in the exercise of his duty. ۲. The President of the Republic may be
discharged for serious violations of the Constitution and for the
commission of a serious crime. In these cases, a proposal for the
discharge of the President may be made by not less than one-fourth of
the members of the Assembly and must be supported by not less than
two-thirds of all its members. ۳. The decision of the Assembly is sent
to the Constitutional Court, which, when it verifies the guilt of the
President of the Republic, declares his discharge from duty.

Article ۹۱

۱.
When the President of the Republic is temporarily unable to exercise
his functions or his place remains vacant, the Chairman of the Assembly
takes his place and exercises his powers. ۲. In case the President
cannot exercise his duty for more than ۶۰ days, the Assembly by
two-thirds of all its members decides on sending the issue to the
Constitutional Court, which verifies conclusively the fact of his
incapacity. In case of verification of incapacity, the place of the
President remains vacant and the election of the new President begins
within ۱۰ days from the date of verification of incapacity.

Article ۹۲

The President also exercises these powers:
a.
addresses messages to the Assembly; b. exercises the right of pardon
according to the law; c. grants Albanian citizenship and permits it to
be given up according to the law; d. gives decorations and titles of
honor according to the law; e. accords the highest military ranks
according to the law; f. on the proposal of the Prime Minister, he
appoints and withdraws plenipotentiary representatives of the Republic
of Albania to other states and international organizations; g. accepts
letters of credentials and the withdrawal of diplomatic representatives
of other states and international organizations accredited to the
Republic of Albania; h. signs international agreements according to the
law; i. upon proposal of the Prime Minister, he appoints the director
of the intelligence service of the state; j. nominates the Chairman of
the Academy of Sciences and the rectors of universities pursuant to
law; k. sets the date of the elections for the Assembly, for the organs
of local power and for the conduct of referenda; l. requests opinions
and information in writing from the directors of state institutions for
issues that have to do with their duties.

Article ۹۳

The President of the Republic, in the exercise of his powers, issues decrees.

Article ۹۴

The President of the Republic may not exercise other powers besides those recognized
expressly in the Constitution and granted by laws issued in compliance with it.


Part Five
The Council Of Ministers

Article ۹۵

۱.
The Council of Ministers consists of the Prime Minister, deputy prime
minister, and ministers. ۲. The Council of Ministers exercises every
state function that is not given to other organs of state power or to
local government.

Article ۹۶

۱. The President of the
Republic, at the beginning of a legislature, as well as when the
position of Prime Minister remains vacant, appoints the Prime Minister
on the proposal of the party or coalition of parties that has the
majority of seats in the Assembly. ۲. If the Prime Minister appointed
is not approved by the Assembly, the President appoints a new Prime
Minister within ۱۰ days. ۳. If even the newly appointed Prime Minister
is not approved by the Assembly, the Assembly elects another Prime
Minister within ۱۰ days. In this case, the President appoints the new
Prime Minister. ۴. If the Assembly fails to elect a new Prime Minister,
the President of the Republic dissolves the Assembly.

Article ۹۷

The
Prime Minister appointed according to article ۹۶, article ۱۰۴ or
article ۱۰۵ presents to the Assembly for approval, within ۱۰ days, the
policy program of the Council of Ministers together with its
composition.

Article ۹۸

۱. A minister is appointed and
dismissed by the President of the Republic, on the proposal of the
Prime Minister, within ۷ days. ۲. The decree is reviewed by the
Assembly within ۱۰ days.

Article ۹۹

Before beginning duties, the Prime Minister, deputy prime minister, and ministers swear before the President of the Republic.

Article ۱۰۰

۱.
The Council of Ministers defines the principal directions of the
general state policy. ۲. The Council of Ministers takes decisions upon
the proposal of the Prime Minister or the respective minister. ۳.
Meetings of the Council of Ministers are closed. ۴. Acts of the Council
of Ministers are valid when signed by the Prime Minister and the
proposing minister. ۵. The Council of Ministers issues decisions and
instructions.

Article ۱۰۱

The Council of Ministers, in
cases of necessity and emergency, may issue, under its responsibility,
normative acts having the force of law for taking temporary measures.
These normative acts are immediately submitted to the Assembly, which
is convened within ۵ days if it is not in session. These acts lose
force retroactively if they are not approved by the Assembly within ۴۵
days.

Article ۱۰۲

۱. The Prime Minister: a. represents
the Council of Ministers and chairs its meetings; b. outlines and
presents the principal directions of general state policy and is
responsible for them; c. assures the implementation of legislation and
policies approved by the Council of Ministers; d. coordinates and
supervises the work of the members of the Council of Minister and other
institutions of the central state administration; e. performs other
duties prescribed in the Constitution and the laws. ۲. The Prime
Minister resolves disagreements between ministers. ۳. The Prime
Minister, in the exercise of his powers, issues orders. ۴. The
minister, within the principal directions of general state policy,
directs, under his responsibility, actions for which he has powers. The
minister, in the exercise of his powers, issues orders and
instructions.

Article ۱۰۳

۱. Anyone who has the
capacity to be a deputy may be appointed a minister. ۲. A minister may
not exercise any other state function nor be a director or member of
the organs of for-profit companies. ۳. Members of the Council of
Ministers enjoy the immunity of a deputy.

Article ۱۰۴

۱.
If a motion of confidence presented by the Prime Minister is refused by
a majority of all the members of the Assembly, the Assembly elects
another Prime Minister within ۱۵ days. In this case, the President
appoints the new Prime Minister. ۲. When the Assembly does not succeed
in electing a new Prime Minister, the President of the Republic
dissolves the Assembly. ۳. The vote for the motion cannot be done if
three days have not passed from the day it was presented.

Article ۱۰۵

۱.
In cases where a motion of no confidence presented by one-fifth of the
members of the Assembly is approved by the majority of all its members,
the Assembly elects another Prime Minister within ۱۵ days. In this
case, the President appoints the new Prime Minister. ۲. When the
Assembly fails to elect the new Prime Minister, the President of the
Republic dissolves the Assembly. ۳. The vote for the motion cannot be
done if three days have not passed from the day it was presented.

Article ۱۰۶

The Prime Minister and the ministers are obligated to stay on duty until the appointment of
The new Council of Ministers.

Article ۱۰۷

۱.
Public employees apply the law and are in the service of the people. ۲.
Employees in the public administration are selected through
examinations, except when the law provides otherwise. ۳. Guarantees of
tenure and legal treatment of public employees are regulated by law.

Part Six
Local Government

Article ۱۰۸

۱.
The units of local government are communes or municipalities and
regions. Other units of local government are regulated by law. ۲. The
territorial-administrative division of the units of local government
are established by law on the basis of mutual economic needs and
interests and historical tradition. Their borders may not be changed
without first taking the opinion of the inhabitants. ۳. Communes and
municipalities are the basic units of local government. They perform
all the duties of self-government, with the exception of those that the
law gives to other units of local government. ۴. Self-government in the
local units is exercised through their representative organs and local
referenda. The principles and procedures for the organization of local
referenda are provided by law in accordance with article ۱۵۱, paragraph
۲.

Article ۱۰۹

۱. The representative organs of the
basic units of local government are councils that are elected every
three years by general direct elections and with secret voting. ۲. The
executive organ of a municipality or commune is the Chairman, who is
elected directly by the people in the manner contemplated in paragraph
۱ of this article. ۳. Only citizens who have a permanent residence in
the territory of the respective local entity have the right to be
elected to the local councils and as chairman of the municipality or
commune. ۴. The organs of local government units have the right to form
unions and joint institutions with one another for the representation
of their interests, to cooperate with local units of other countries,
and also to be represented in international organizations of local
powers.

Article ۱۱۰

۱. A region consists of several
basic units of local government with traditional, economic and social
ties and joint interests. ۲. The region is the unit in which regional
policies are constructed and implemented and where they are harmonized
with state policy. ۳. The representative organ of the region is the
Regional Council. Municipalities and communes delegate members to the
Regional Council in proportion to their population, but always at least
one member. The chairmen of communes and municipalities are always
members of the Regional Council. Other members are elected through
proportional lists from among the municipal or communal councillors by
their respective councils. ۴. The Regional Council has the right to
issue orders and decisions with general obligatory force for the
region.

Article ۱۱۱

۱. The units of local government
are juridical persons. ۲. The units of local government have an
independent budget, which is created in the manner provided by law.

Article ۱۱۲

۱.
Units of local government may be delegated by law powers of state
administration. Expenses that are incurred in the exercise of the
delegation are covered by the state. ۲. Only duties in compliance with
law or according to agreements entered into by them may be put to the
organs of local government. The expenses that are connected with the
duties put by law to the organs of local government are covered by the
budget of the state.

Article ۱۱۳

۱. The councils of
the communes, municipalities and regions: a. regulate and administer in
an independent manner local issues within their jurisdiction; b.
exercise the rights of ownership, administer in an independent manner
the income created, and also have the right to exercise economic
activity; c. have the right to collect and spend the income that is
necessary for the exercise of their functions; d. have the right, in
compliance with law, to establish local taxes as well as their level;
e. establish rules for their organization and functioning in compliance
with law; f. create symbols of local government as well as local titles
of honor; g. undertake initiatives for local issues before the organs
defined by law. ۲. The organs of units of local government issue
directives, decisions and orders. ۳. The rights of self-government of
the units of local government are protected in court.

Article ۱۱۴

The
Council of Ministers appoints a prefect in every region as its
representative. The powers of the prefect are defined by law.

Article ۱۱۵

۱.
A directly elected organ of a local government unit may be dissolved or
discharged by the Council of Ministers for serious violations of the
Constitution or the laws. ۲. The dissolved or discharged organ has the
right to complain, within ۱۵ days, to the Constitutional Court, and in
this case, the decision of the Council of Ministers is suspended. ۳. If
the right to complain is not exercised within ۱۵ days, or when the
Constitutional Court upholds the decision of the Council of Ministers,
the President of the Republic sets a date for holding of elections of
the respective unit of local government.


Part Seven
Normative Acts And International Agreements

Chapter I
Normative Acts

Article ۱۱۶

۱.
Normative acts that are effective in the entire territory of the
Republic of Albania are: a. the Constitution; b. ratified international
agreements; c. the laws; d. normative acts of the Council of Ministers.
۲. Acts that are issued by the organs of local power are effective only
within the territorial jurisdiction exercised by these organs. ۳.
Normative acts of ministers and steering organs of other central
institutions of the state are effective in the entire territory of the
Republic of Albania within the sphere of their jurisdiction.

Article ۱۱۷

۱.
The laws, normative acts of the Council of Ministers, ministers, other
central state institutions, acquire juridical force only after they are
published in the Official Journal. ۲. The promulgation and publication
of other normative acts is done according to the manner provided by
law. ۳. International agreements that are ratified by law are
promulgated and published according to the procedures that are provided
for laws. The promulgation and publication of other international
agreements is done according to law.

Article ۱۱۸

۱.
Subordinate legal acts are issued on the basis of and for
implementation of the laws by the organs provided in the Constitution.
۲. A law must authorize the issuance of subordinate legal acts,
designate the competent organ, the issues that are to be regulated, as
well as the principles on the basis of which these subordinate legal
acts are issued. ۳. The organ authorized by law to issue subordinate
legal acts as specified in paragraph ۲ of this article may not delegate
its power to another organ.

Article ۱۱۹

۱. The rules
of the Council of Ministers, of the ministries and other central state
institutions, as well as orders of the Prime Minister, of the ministers
and heads of other central institutions, have an internal character and
are binding only on the administrative entities that are subordinate to
these organs. ۲. These acts are issued on the basis of law and may not
serve as a basis for taking decisions connected with individuals and
other subjects. ۳. The rules and orders are issued on the basis of, and
for implementation of, acts that have general juridical force.

Article ۱۲۰

The principles and procedures for the issuance of local juridical acts are provided by law.

Chapter II
International Agreements


Article ۱۲۱

۱.
The ratification and denunciation of international agreements by the
Republic of Albania is done by law if they have to do with: a.
territory, peace, alliances, political and military issues; b.
freedoms, human rights and obligations of citizens as are provided in
the Constitution; c. membership of the Republic of Albania in
international organizations; d. the undertaking of financial
obligations by the Republic of Albania; e. the approval, amendment,
supplementing or repeal of laws. ۲. The Assembly may, with a majority
of all its members, ratify other international agreements that are not
contemplated in paragraph ۱ of this article. ۳. The Prime Minister
notifies the Assembly whenever the Council of Ministers sign an
international agreement that is not ratified by law. ۴. The principles
and procedures for ratification and denunciation of international
agreements are provided by law.

Article ۱۲۲

۱. Any
international agreement that has been ratified constitutes part of the
internal juridical system after it is published in the Official Journal
of the Republic of Albania. It is implemented directly, except for
cases when it is not self-executing and its implementation requires
issuance of a law. The amendment, supplementing and repeal of laws
approved by the majority of all members of the Assembly, for the effect
of ratifying an international agreement, is done with the same
majority. ۲. An international agreement that has been ratified by law
has superiority over laws of the country that are not compatible with
it. ۳. The norms issued by an international organization have
superiority, in case of conflict, over the laws of the country if the
agreement ratified by the Republic of Albania for its participation in
the organization expressly contemplates their direct applicability.

Article ۱۲۳

۱.
The Republic of Albania, on the basis of international agreements,
delegates to international organizations state powers for specific
issues. ۲. The law that ratifies an international agreement as provided
in paragraph ۱ of this article is approved by a majority of all members
of the Assembly. ۳. The Assembly may decide that the ratification of
such an agreement be done through a referendum.


Part Eight
Constitutional Court

Article ۱۲۴

۱.
The Constitutional Court guarantees respect for the Constitution and
makes final interpretations of it. ۲. The Constitutional Court is
subject only to the Constitution.

Article ۱۲۵

۱. The
Constitutional Court is composed of ۹ members, which are appointed by
the President of the Republic with the consent of the Assembly. ۲.
Judges are named for ۹ years without the right to be reelected, among
lawyers with high qualification and with work experience not less than
۱۵ years in the profession. ۳. One-third of the composition of the
Constitutional Court is renewed every ۳ years, according to the
procedure determined by law. ۴. The Chairman of the Constitutional
Court is appointed from the ranks of its members by the President of
the Republic with the consent of the Assembly for a ۳-year term. ۵. The
judge of the Constitutional Court continues his duty until the
appointment of his successor.

Article ۱۲۶

The judge of
the Constitutional Court cannot be criminally prosecuted without the
consent of the Constitutional Court. The judge of the Constitutional
Court can be detained or arrested only if apprehended in the commission
of a crime or immediately after its commission. The competent organ
immediately notifies the Constitutional Court. If the Constitutional
Court does not give its consent within ۲۴ hours to send the arrested
judge to court, the competent organ is obliged to release him.

Article ۱۲۷

۱.
The term of a judge of the Constitutional Court ends when he: a. is
sentenced with a final decision for commission of a crime; b. does not
show up for duty, without reason, for more than ۶ months; c. reaches ۷۰
years of age; d. resigns; e. is declared incompetent to act with a
final judicial decision. ۲. The end of the term of a judge is declared
with a decision of the Constitutional ۳. Court. ۴. If the seat of a
judge is vacant, the President of the Republic with the consent of ۵.
the Assembly appoints a new judge, who remains on duty until the
mandate of the dismissed judge ends.

Article ۱۲۸

The
judge of the Constitutional Court can be removed from office by the
Assembly by two thirds of all its members for violations of the
Constitution, commission of a crime, mental or physical incapacity,
acts and behavior that seriously discredit the position and reputation
of a judge. The decision of the Assembly is reviewed by the
Constitutional Court, which, upon verification of the existence of one
of these grounds, declares the removal from duty of the member of the
Constitutional Court.

Article ۱۲۹

The judge of the Constitutional Court starts the duty after he makes an oath in front of the
President of the Republic.

Article ۱۳۰

Being a judge of the Constitutional Court is incompatible with any other state, political or private activity.

Article ۱۳۱

The Constitutional Court decides on:

a.
compatibility of the law with the Constitution or with international
agreements as provided in article ۱۲۲; b. compatibility of
international agreements with the Constitution, prior to their
ratification; c. compatibility of normative acts of the central and
local organs with the Constitution and international agreements; d.
conflicts of competencies between powers, as well as between central
government and local government; e. constitutionality of the parties
and other political organizations, as well as their activity, according
to article ۹ of this Constitution; f. dismissal from duty of the
President of the Republic and verification of the impossibility for him
to exercise his functions; g. issues related with the election and
incompatibility in exercising the functions of the President of the
Republic and of the deputies, as well as the verification of their
election; h. constitutionality of the referendum and verification of
its results; i. final adjudication of the individual complaints for the
violation of their constitutional rights to due process of law, after
all legal means for the protection of those rights have been exhausted.


Article ۱۳۲

۱. The decisions of the Constitutional
Court have general binding force and are final. The Constitutional
Court only has the right to invalidate the acts it reviews. ۲. The
decisions of the Constitutional Court enter in force the day of their
publication in the Official Gazette. Constitutional Court can decide
that the law or normative act is to be invalidated on another date. The
minority opinions are published together with the decision.

Article ۱۳۳

۱.
Acceptance of complaints for judgement is decided from a number of
judges as determined by law. ۲. The Constitutional Court decides with
the majority of all its members.

Article ۱۳۴

۱. The
Constitutional Court is put into motion only on the request of: a. the
President of the Republic; b. the Prime Minister; c. not less than
one-fifth of the deputies; d. the Chairman of High State Control; e.
every court according to article ۱۴۵, paragraph ۲ of this Constitution;
f. the People"s Advocate; g. organs of the local government; h. organs
of religious communities; i. political parties and other organizations;
j. individuals. ۱. The subjects provided for in subparagraphs f, g, h,
i, and j of paragraph ۱ of this article may make a request only for
issues related with their interests.

Part Nine
The Courts


Article ۱۳۵

۱.
The judicial power is exercised by the High Court, as well as the
courts of appeal and courts of first instance, which are established by
law. ۲. The Assembly may establish by law courts for particular fields,
but in no case an extraordinary court.

Article ۱۳۶

۱.
The members of the High Court are appointed by the President of the
Republic with the consent of the Assembly. ۲. One of the members is
appointed Chairman following the procedure contemplated by paragraph ۱
of this article. ۳. The Chairman and members of the High Court hold the
office for ۹ years without the right of re-appointment. ۴. The other
judges are appointed by the President of the Republic upon the proposal
of the High Council of Justice. ۵. Judges may only be citizens with
higher legal education. The conditions and procedures for selection are
defined by law.

Article ۱۳۷

۱. A judge of the High
Court may be criminally prosecuted only with the approval of the
Assembly. ۲. A judge of the High Court may be detained or arrested only
if apprehended in the course of committing a crime or immediately after
its commission. The competent organ immediately notifies the
Constitutional Court. If the Constitutional Court does not consent
within ۲۴ hours to the sending of the arrested judge before a court,
the competent organ is obliged to release him. ۳. Other judges may be
criminally prosecuted only with the approval of the High Council of
Justice. ۴. A judge may be detained or arrested only if apprehended in
the course of committing a crime or immediately after its commission.
The competent organ immediately notifies the High Council of Justice.
If the High Council of Justice does not consent within ۲۴ hours to the
sending of the arrested judge before a court, the competent organ is
obliged to release him.

Article ۱۳۸

The time a judge stays on duty cannot be limited; their pay and other benefits cannot be lowered.

Article ۱۳۹

۱.
The term of a High Court judge ends when he: a. is convicted of a crime
with a final judicial decision; b. does not appear for duty without
reason for more than ۶ months; c. reaches the age of ۶۵; d. resigns; e.
is declared incompetent to act with a final judicial decision. ۲. The
end of the term of a judge is declared with a decision of the High
Court.

Article ۱۴۰

A judge of the High Court may be
discharged by the Assembly with two-thirds of all its members for
violation of the Constitution, commission of a crime, mental or
physical incapacity, or acts and behavior that seriously discredit the
position and image of a judge. The decision of the Assembly is reviewed
by the Constitutional Court, which, upon verification of the existence
of one of these grounds, declares his discharge from duty.

Article ۱۴۱

۱.
The High Court has original and review jurisdiction. It has original
jurisdiction when adjudicating criminal charges against the President
of the Republic, the Prime Minister, members of the Council of
Ministers, deputies, judges of the High Court, and judges of the
Constitutional Court. ۲. For a unification or change of judicial
practice, the High Court has the right to select specific judicial
issues for examination in the joint college.

Article ۱۴۲

۱.
Judicial decisions must be reasoned. ۲. The High Court must publish its
decisions as well as the minority opinions. ۳. The organs of the state
are obliged to execute judicial decisions.

Article ۱۴۳

Being a judge is not compatible with any other state, political or private activity.

Article ۱۴۴

The courts have a special budget, which they administer themselves. They propose their budget according to law.

Article ۱۴۵

۱.
Judges are independent and subject only to the Constitution and the
laws. ۲. If judges find that a law comes into conflict with the
Constitution, they do not apply it. In this case, they suspend the
proceedings and send the issue to the Constitutional Court. Decisions
of the Constitutional Court are obligatory for all courts. ۳.
Interference in the activity of the courts or the judges entails
liability according to law.

Article ۱۴۶

۱. Judges give decisions in the name of the Republic. ۲. In every case judicial decisions are announced publicly.

Article ۱۴۷

۱.
The High Council of Justice consists of the President of the Republic,
the Chairman of the High Court, the Minister of Justice, ۳ members
elected by the Assembly, and ۹ judges of all levels who are elected by
the National Judicial Conference. Elected members stay in office for ۵
years, without the right of immediate reelection. ۲. The President of
the Republic is the Chairman of the High Council of Justice. ۳. The
High Council of Justice, with the proposal of the President, elects a
vice-chairman from its ranks. The vice-chairman organizes the activity
of the High Council of Justice and chairs its meetings in the absence
of the President of the Republic. ۴. The High Council of Justice
decides on the transfer of the judges as well as their disciplinary
responsibility pursuant to law. ۵. The transfer of judges may not be
done without their consent, except when the needs of reorganization of
the judicial system dictate this. ۶. A judge may be removed from office
by the High Council of Justice for commission of a crime, mental or
physical incapacity, acts and behavior that seriously discredit the
position and image of a judge, or professional insufficiency. The judge
has the right to complain against this decision to the High Court,
which decides by joint colleges.


Part Ten
The Office Of The Prosecutor

Article ۱۴۸

۱.
The office of the prosecutor exercises criminal prosecution and
represents the accusation in court in the name of the state. The office
of the prosecutor also performs other duties set by law. ۲. Prosecutors
are organized and operate near the judicial system as a centralized
organ. ۳. In the exercise of their powers, the prosecutors are subject
to the Constitution and the laws.

Article ۱۴۹

۱. The
General Prosecutor is appointed by the President of the Republic with
the consent of the Assembly. ۲. The General Prosecutor may be
discharged by the President of the Republic upon the proposal of the
Assembly for violations of the Constitution or serious violations of
the law during the exercise of his duties, for mental or physical
incapacity, for acts and behavior that seriously discredit the position
and reputation of the Prosecutor. ۳. The other prosecutors are
appointed and discharged by the President of the Republic upon the
proposal of the General Prosecutor. ۴. The General Prosecutor informs
the Assembly from time to time on the status of criminality.

Part Eleven
Referendum

Article ۱۵۰

۱.
The people, through ۵۰ thousand citizens who enjoy the right to vote,
have the right to a referendum for the abrogation of a law, as well as
to request the President of the Republic to hold a referendum about
issues of special importance. ۲. The Assembly, upon the proposal of not
less then one-fifth of the deputies or the Council of Ministers, can
decide that an issue or a draft law of special importance be presented
for referendum. ۳. Principles and procedures for holding a referendum,
as well as its validity, are provided by law.

Article ۱۵۱

۱.
A law approved by referendum is promulgated by the President of the
Republic. ۲. Issues related to the territorial integrity of the
Republic of Albania, limitations of fundamental human rights and
freedoms, budget, taxes, financial obligations of the state,
declaration and abrogation of the state of emergency, declaration of
war and peace, as well as amnesty, cannot be voted upon in a
referendum. ۳. A referendum upon the same issue cannot be repeated
before ۳ years have passed since it was held.

Article ۱۵۲

۱.
The Constitutional Court reviews preliminarily the constitutionality of
the issues put for a referendum according to article ۱۵۰, paragraphs ۱
and ۲, Article ۱۵۱, paragraphs ۲ and ۳, as well as article ۱۷۷,
paragraphs ۴ and ۵, within ۶۰ days. ۲. The importance of special
issues, as provided in paragraphs ۱ and ۲ of article ۱۵۰, is not
subject to judgement in the Constitutional Court. ۳. The date of the
referendum is set by the President of the Republic within ۴۵ days after
the promulgation of the positive decision of the Constitutional Court
or after the term within which the Constitutional Court had to have
expressed itself has expired. Referenda can be held only in one day of
the year.

Part Twelve
Central Election Commission


Article ۱۵۳

The
Central Election Commission is a permanent organ that prepares,
supervises, directs, And verifies all aspects that have to do with
elections and referenda and declares their results.

Article ۱۵۴

۱.
The Commission consists of ۷ members who are elected with a mandate of
۷ years. Two members are elected by the Assembly, ۲ by the President of
the Republic, and ۳ other members by the High Council of Justice. ۲.
The membership of the Central Election Commission is renewed every
three years pursuant to the procedure established by law. ۳. The
membership in the Commission is incompatible with any other state and
political activity. ۴. Electoral subjects appoint their representatives
to the Commission. They do not have the right to vote. ۵. A member of
the Commission enjoys the immunity of a member of the High Court. ۶.
The Commission has its own budget.

Part Thirteen
Public Finances

Article ۱۵۵

Fees,
taxes and other financial obligations, national and local, reductions
or exemptions of Certain categories of taxpayers from paying them as
well as the method of their collection are specified by law. In such
cases, the law may not be given retroactive effect.

Article ۱۵۶

The State can take and guarantee loans and financial credits when so authorized by law.

Article ۱۵۷

۱.
The budgetary system is composed of the state budget and local budgets.
۲. The state budget is created by revenues collected from taxes, fees
and other financial obligations as well as from other legal revenues.
It includes all state expenses. ۳. Local organs define and collect
taxes and other obligations as provided by law. ۴. State and local
organs are obliged to make public their revenues and expenses.

Article ۱۵۸

۱.
The Prime Minister, on behalf of the Council of Ministers, presents to
the Assembly the draft law on the budget during the autumn session,
which cannot close without approving it. ۲. If the draft law is not
approved until the beginning of the next financial year, the Council of
Ministers implements every month one-twelfth of the budget of the
previous year, until the new budget is approved. ۳. The Assembly
approves the new budget within three months from the last day of the
previous financial year, except when extraordinary measures have been
decided. ۴. The Council of Ministers is obligated to present to the
Assembly a report about the implementation of the budget and about the
state debt from the previous year. ۵. The Assembly takes a final
decision after having also listened to the High State Control report.

Article ۱۵۹

Principles and procedures for drafting the draft budget, as well as for implementing it are Defined by law.

Article ۱۶۰

۱.
During the financial year, the Assembly may make changes in the budget.
۲. The changes in the budget are made based on defined procedures for
drafting and approving it. ۳. Expenses foreseen in other laws cannot be
reduced as long as these laws are in force.

Article ۱۶۱

۱.
The Central State Bank is the Bank of Albania. It has the exclusive
right to issue and circulate the Albanian money, to independently
implement monetary policy, and maintain and administer the exchange
reserves of the Republic of Albania. ۲. The Bank of Albania is directed
by a council, which is chaired by the Governor. The Governor is elected
by the Assembly for ۷ years, upon proposal of the President of the
Republic, with the right of reelection.


Part Fourteen
The High State Control

Article ۱۶۲

۱.
The High State Control is the highest institution of economic and
financial control. It is subject only to the Constitution and laws. ۲.
The Head of the High State Control is appointed and dismissed by the
Assembly upon proposal of the President of the Republic. He stays in
office for ۷ years, with the right of reelection.

Article ۱۶۳

The
High State Control supervises: a. the economic activity of state
institutions and other state juridical persons; b. the use and
preservation of state funds by the organs of central and local
government; c. the economic activity of juridical persons, in which the
state owns more than half of the quotas or shares, or when their debts,
credits and obligations are guaranteed by the state.

Article ۱۶۴

۱.
The High State Control presents to the Assembly: a. a report on the
implementation of the state budget; b. its opinion on the Council of
Ministers report about the expenses of the previous financial year
before it is approved by the Assembly; c. information about the results
of controls any time it is asked by the Assembly. ۲. The High State
Control presents to the Assembly a yearly report on its activities.

Article ۱۶۵

۱.
The Head of the High State Control may be invited to participate and
speak in the meetings of the Council of Ministers when questions
related to its functions are reviewed. ۲. The Head of the High State
Control has the immunity of a member of the High Court.


Part Fifteen
Armed Forces

Article ۱۶۶

۱.
The Albanian citizens have the duty to participate in the defense of
the Republic of Albania, as provided by law. ۲. The citizen, who for
reasons of conscience refuses to serve with weapons in the armed
forces, is obliged to perform an alternative service, as provided by
law.

Article ۱۶۷

۱. Military servicemen on active duty
cannot be chosen or nominated for other state duties nor participate in
a party or political activity. ۲. Members of the armed forces or
persons who perform an alternative service enjoy all the constitutional
rights and freedoms, apart from cases when the law provides otherwise.

Article ۱۶۸

۱.
The Armed Forces of the Republic of Albania are composed of the army,
navy, and air force. ۲. The President of the Republic is the General
Commander of the Armed Forces. ۳. The National Security Council is an
advisory organ of the President of the Republic.

Article ۱۶۹

۱.
The President of the Republic in peacetime exercises the command of the
Armed Forces through the Prime Minister and Minister of Defense. ۲. The
President of the Republic in wartime appoints and dismisses the
Commander of the Armed Forces upon proposal of the Prime Minister. ۳.
The President of the Republic, upon proposal of the Prime Minister,
appoints and dismisses the Chief of the General Staff, and upon the
proposal of the Minister of Defense appoints and dismisses the
commanders of the army, navy, and air force. ۴. The powers of the
President of the Republic, as General Commander of the Armed Forces,
and those of the Commander of the Armed Forces, their subordination to
constitutional organs, are defined by law.

Part Sixteen
Extraordinary Measures

Article ۱۷۰

۱.
Extraordinary measures can be taken due to a state of war, state of
emergency or natural disaster and last for as long as these states
continue. ۲. The principles for actions of public organs, as well as
the extent of limitations on human rights and freedoms during the
existence of such situations that require extraordinary measures, are
defined by law. ۳. The law must define the principles, the areas, and
the manner of compensation for losses caused as a result of the
limitation of human rights and freedoms during the period in which
extraordinary measures are taken. ۴. Acts taken as a result of
extraordinary measures must be in proportion with the level of risk and
must aim to re-establish the conditions for the normal functioning of
the state, as soon as possible. ۵. During the situations that require
extraordinary measures to be taken, none of the following acts should
be changed: Constitution, the law on the election of the Assembly and
local government organs, as well as the laws on extraordinary measures.
۶. During the implementation period of extraordinary measures, there
may not be elections for local government organs, there may not be a
referendum, and a new President of the Republic may not be elected. The
elections for the local government organs can be held only in those
places where the extraordinary measures are not implemented.

Article ۱۷۱

۱.
In case of armed aggression against the Republic of Albania, the
President of the Republic upon request of the Council of Ministers
declares the state of war. ۲. In case of external threat, or when a
common defense obligation derives from an international agreement, the
Assembly, upon proposal of the President of the Republic, declares the
state of war, decides the state of general or partial mobilization or
demobilization.

Article ۱۷۲

۱. In the case of
paragraph ۱ of article ۱۷۱, the President of the Republic presents to
the Assembly the decree for establishing the state of war within ۴۸
hours from its signing, specifying the rights to be limited. ۲. The
Assembly takes immediately under review and decides, with the majority
of all its members, upon the decree of the President.

Article ۱۷۳

۱.
In case of danger to the constitutional order and to public security,
the Assembly, with request of the Council of Ministers, may decide for
a state of emergency in one part or in the whole state territory, which
lasts for as long as this danger continues, but not longer than ۶۰
days. ۲. Upon establishment of the state of emergency, the intervention
of armed forces is done with a decision of the Assembly and only when
police forces are not able to restore order. ۳. The extension of the
term of the state of emergency may be done only with the consent of the
Assembly, for each ۳۰ days, for a period of time not longer than ۹۰
days.

Article ۱۷۴

۱. For the prevention or the
avoidance of the consequences of natural disasters or technological
accidents, the Council of Ministers may decide for a period not longer
than ۳۰ days, on the state of natural disaster in one part or in the
whole territory of the state. ۲. The extension of the state of natural
disaster can be done only with the consent of the Assembly.

Article ۱۷۵

۱.
During the state of war or state of emergency the rights and freedoms
contemplated by articles: ۱۵; ۱۸; ۱۹; ۲۰; ۲۱; ۲۴; ۲۵; ۲۹; ۳۰; ۳۱; ۳۲;
۳۴; ۳۹, paragraph ۱; ۴۱, paragraphs ۱, ۲, ۳, and ۵; ۴۲; ۴۳; ۴۸; ۵۴; ۵۵
may not be limited. ۲. During the state of natural disaster the rights
and freedoms contemplated by articles: ۳۷; ۳۸; ۴۱, paragraph ۴; ۴۹; ۵۱
may be limited. ۳. The acts for declaring the state of war, emergency
or natural disaster must specify the rights and freedoms which are
limited according to paragraphs ۱ and ۲ of this article.

Article ۱۷۶

When
the Assembly cannot be convened during the state of war, the President
of the Republic, with the proposal of the Council of Ministers, has the
right to issue acts that have the force of the law, which have to be
approved by the Assembly in its first meeting.

Part Seventeen
Revision Of The Constitution

Article ۱۷۷

۱.
Initiative for revision of the Constitution may be undertaken by not
less than one-fifth of the members of the Assembly. ۲. No revision of
the Constitution may be undertaken during the time when the
extraordinary measures are taken. ۳. The draft law is approved by not
less then two-thirds of all members of the Assembly. ۴. The Assembly
may decide, with two-thirds of all its members, that the draft
constitutional amendments be voted in a referendum. The draft law for
the revision of the Constitution enters into force after ratification
by referendum, which takes place not later than ۶۰ days after its
approval in the Assembly. ۵. The approved constitutional amendment is
put to a referendum when this is required by one-fifth of the members
of the Assembly. ۶. The President of the Republic does not have the
right to return for review the law approved by the Assembly for
revision of the Constitution. ۷. The law approved by referendum is
declared by the President of the Republic and enters into force on the
date provided for in this law. ۸. Revision of the Constitution for the
same issue cannot be done before a year from the day of the rejection
of the draft law by the Assembly and ۳ years from the day of its
rejection by the referendum.

Part Eighteen
Transitory And Final Dispositions

Article ۱۷۸

۱.
Laws and other normative acts approved before the date this
Constitution enters into force will be applied as long as they have not
been abrogated. ۲. The Council of Ministers presents to the Assembly
draft laws necessary for implementing this Constitution.

Article ۱۷۹

۱.
The mandate of the existing constitutional organs with the entering
into force of this Constitution ends pursuant to the terms contemplated
by Law No. ۷۴۹۱, dated ۲۹.۴.۱۹۹۱, On the Main Constitutional Provisions
and its respective amendments. ۲. The members of the Court of Cassation
continue their activity as members of the High Court pursuant to their
previous mandate. ۳. The members of the High Council of Justice elected
from the ranks of the prosecutors are replaced with new members elected
by a general meeting of the judges. ۴. The organs of local government
continue their activity until their mandate terminates.

Article ۱۸۰

۱.
International agreements ratified by the Republic of Albania before
this Constitution enters into force are considered ratified according
to this Constitution. ۲. The Council of Ministers presents to the
Constitutional Court the international agreements which contain
provisions that come in conflict with the Constitution.

Article ۱۸۱

۱.
The Assembly, within two to three years from the date this Constitution
enters into force, issues laws for the just resolution of different
issues related to expropriations and confiscations done before the
approval of this Constitution, guided by the criteria of article ۴۱. ۲.
Laws and other normative acts, adopted before the date this
Constitution enters into force, that relate to the expropriations and
confiscations shall be applied when they do not contradict it.

Article ۱۸۲

Law
No. ۷۴۹۱, dated ۲۹.۴. ۱۹۹۱, "On the Main Constitutional Provisions" as
well as the Other constitutional laws are abrogated the day this
Constitution enters into force.

Article ۱۸۳

This Constitution enters into force with its promulgation by the President of the Republic 




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