Part one
Basic Principles
Article 1
1. Albania is a parliamentary republic. 2. The Republic of Albania is a unitary
and indivisible state. 3. Governance is based on a system of elections that are
free, equal, general and periodic.
Article 2
1. Sovereignty in the Republic of Albania belongs to the people. 2. The people
exercise sovereignty through their representatives or directly. 3. 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 3
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 4
1. The law constitutes the basis and the boundaries of the activity of the
state. 2. The Constitution is the highest law in the Republic of Albania. 3. The
provisions of the Constitution are directly applicable, except when the
Constitution provides otherwise.
Article 5
The Republic of Albania applies international law that is binding upon it.
Article 6
The organization and functioning of the organs contemplated by this Constitution
are regulated by their respective laws, except when this Constitution provides
otherwise.
Article 7
The system of government in the Republic of Albania is based on the separation
and balancing of legislative, executive and judicial powers.
Article 8
1. The Republic of Albania protects the national rights of the Albanian people
who live outside its borders. 2. The Republic of Albania protects the rights of
its citizens with a temporary or permanent residence outside its borders. 3. 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 9
1. Political parties are created freely. Their organization shall conform with
democratic principles. 2. 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. 3. The financial sources of
parties as well as their expenses are always made public.
Article 10
1. In the Republic of Albania there is no official religion. 2. The state is
neutral in questions of belief and conscience, and also, it guarantees the
freedom of their expression in public life. 3. The state recognizes the equality
of religious communities. 4. 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. 5. 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. 6. 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 11
1. 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. 2.
Private and public properties are equally protected by law. 3. Limitations on
the freedom of economic activity may be established only by law and for
important public reasons.
Article 12
1. The armed forces secure the independence of the country, as well as protect
its territorial integrity and constitutional order. 2. The armed forces maintain
neutrality in political questions and are subject to civilian control. 3. 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 13
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 14
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 28. 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 15
1. The fundamental human rights and freedoms are indivisible, inalienable, and
inviolable and stand at the basis of the entire juridical order. 2. 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 16
1. 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. 2. 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 17
1. 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. 2. 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 18
1. All are equal before the law. 2. 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. 3. No one may be discriminated against for reasons
mentioned in paragraph 2 if reasonable and objective legal grounds do not exist.
Article 19
1. 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. 2. An Albanian citizen may not lose his
citizenship, except when he gives it up.
Article 20
1. Persons who belong to national minorities exercise in full equality before
the law the human rights and freedoms. 2. 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 21
The life of a person is protected by law.
Article 22
1. Freedom of expression is guaranteed. 2. The freedom of the press, radio and
television are guaranteed. 3. Prior censorship of a means of communication is
prohibited. 4. The law may require the granting of authorization for the
operation of radio or television stations.
Article 23
1. The right to information is guaranteed. 2. 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. 3. Everybody is given the
possibility to follow the meetings of collectively elected organs.
Article 24
1. Freedom of conscience and of religion is guaranteed. 2. 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. 3. 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 25
No one may be subjected to cruel, inhuman or degrading torture, punishment or
treatment.
Article 26
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 27
1. No one's liberty may be taken away except in the cases and according to the
procedures provided by law. 2. 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. 3. No one may be deprived of liberty just because he
is not in a condition to fulfill a contractual obligation.
Article 28
1. 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. 2. The person whose liberty has
been taken away, according to article 27, paragraph 2, subparagraph c), must be
sent within 48 hours before a judge, who shall decide upon his pre-trial
detention or release not later than 48 hours from the moment he receives the
documents for review. 3. 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. 4. In all other cases, the
person whose liberty is taken away extra-judicially may address a judge at
anytime, who shall decide within 48 hours regarding the legality of this action.
5. Every person whose liberty was taken away pursuant to article 27, has the
right to humane treatment and respect for his dignity.
Article 29
1. 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. 2. 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. 3. A favorable criminal law has retroactive
effect.
Article 30
Everyone is considered innocent so long as his guilt is not proven by a final
judicial decision.
Article 31
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 32
1. No one may be obliged to testify against himself or his family or to confess
his guilt. 2. No one may be declared guilty on the basis of data collected in an
unlawful manner.
Article 33
1. No one may be denied the right to be heard before being judged. 2. A person
who is hiding from justice may not take advantage of this right.
Article 34
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 35
1. No one may be obliged, except when the law requires it, to make public data
connected with his person. 2. The collection, use and making public of data
about a person is done with his consent, except for the cases provided by law.
3. Everyone has the right to become acquainted with data collected about him,
except for the cases provided by law. 4. Everyone has the right to request the
correction or expunging of untrue or incomplete data or data collected in
violation of law.
Article 36
The freedom and secrecy of correspondence or any other means of communication
are guaranteed.
Article 37
1. The inviolability of the residence is guaranteed. 2. 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. 3. 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 38
1. Everyone has the right to choose his place of residence and to move freely to
any part of the territory of the state. 2. No one may be hindered to go freely
out of the state.
Article 39
1. No Albanian citizen may be expelled from the territory of the state. 2.
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. 3. The collective expulsion of foreigners is prohibited. The expulsion
of individuals is permitted under the conditions specified by law.
Article 40
Foreigners have the right of refuge in the Republic of Albania according to law.
Article 41
1. The right of private property is guaranteed. 2. Property may be gained by
gift, inheritance, purchase, or any other classical means provided by the Civil
Code. 3. The law may provide for expropriations or limitations in the exercise
of a property right only for public interests. 4. The expropriations or
limitations of a property right that are equivalent to expropriation are
permitted only against fair compensation. 5. For disagreements connected with
the extent of the compensation, a complaint may be filed in court.
Article 42
1. The freedom, property, and rights recognized in the Constitution and by law
may not be infringed without due process. 2. 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 43
Everyone has the right to appeal a judicial decision to a higher court, except
when the Constitution provides otherwise.
Article 44
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 45
1. Every citizen who has reached the age of 18, even on the date of the
elections, has the right to elect and to be elected. 2. Citizens who have been
declared mentally incompetent by a final court decision do not have the right to
elect. 3. Convicts that are serving a sentence that deprives them of freedom
have only the right to elect. 4. The vote is personal, equal, free and secret.
Article 46
1. Everyone has the right to organize collectively for any lawful purpose. 2.
The registration of organizations or societies in court is done according to the
procedure provided by law. 3. Organizations or societies that pursue
unconstitutional purposes are prohibited pursuant to law.
Article 47
1. Freedom of peaceful meetings and without arms, as well the participation in
them is guaranteed. 2. Peaceful meetings in squares and places of public passage
are held in conformity with the law.
Article 48
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 49
1. 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. 2. Employees have the
right to social protection of work.
Article 50
Employees have the right to unite freely in labor organizations for the defense
of their work interests.
Article 51
1. The right of an employee to strike in connection with work relations is
guaranteed. 2. Limitations on particular categories of employees may be
established by law to assure essential social services.
Article 52
1. Everyone has the right to social security in old age or when he is unable to
work, according to a system set by law. 2. 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 53
1. Everyone has the right to get married and have a family. 2. Marriage and
family enjoy special protection of the state. 3. The entering into and
dissolution of marriage are regulated by law.
Article 54
1. Children, the young, pregnant women and new mothers have the right to special
protection by the state. 2. Children born out of wedlock have equal rights with
those born within marriage. 3. 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 55
1. Citizens enjoy in an equal manner the right to health care from the state. 2.
Everyone has the right to health insurance pursuant to the procedure provided by
law.
Article 56
Everyone has the right to be informed for the status of the environment and its
protection.
Article 57
1. Everyone has the right to education. 2. Mandatory school education is
determined by law. 3. General high school public education is open for all. 4.
Professional high school education and higher education can be conditioned only
on criteria of abilities. 5. Mandatory education and general high school
education in public schools are free. 6. Pupils and students may also be
educated in private schools of all levels, which are created and operated on the
basis of law. 7. The autonomy and academic freedom of higher education
institutions are guaranteed by law.
Article 58
1. Freedom of artistic creation and scientific research, placing in use, as well
as profit from their results are guaranteed for all. 2. Copyright is protected
by law.
Chapter V
Social Objectives
Article 59
1. 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. 2. 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 60
1. 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. 2. The People's Advocate is independent in the
exercise of his duties. 3. The People's Advocate has his own budget, which he
administers himself. He proposes the budget pursuant to law.
Article 61
1. 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. 2. 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. 3.
The People's Advocate enjoys the immunity of a judge of the High Court. 4. 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 62
1. The People's Advocate may be discharged only on the reasoned complaint of not
less than one-third of the deputies. 2. In this case, the Assembly makes a
decision with three-fifths of all its members.
Article 63
1. The People's Advocate presents an annual report before the Assembly. 2. 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. 3.
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. 4. 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 64
1. The Assembly consists of 140 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. 2. 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. 3. Parties that receive less than 2.5 per cent, and party
coalitions that receive less than 4 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 65
1. The Assembly is elected for four years. 2. Elections for the Assembly are
held within 60 to 30 days before the end of the mandate and not later than 45
days after its dissolution. 3. 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 66
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 67
1. The newly elected Assembly is called to its first meeting by the President of
the Republic no later than 20 days from the conclusion of the elections. 2. If
the President of the Republic does not exercise this power, the Assembly must
convene itself within 10 days from the end of the term provided in paragraph 1
of this article.
Chapter II
The Deputies
Article 68
1. Candidates for deputy may be presented only by political parties, coalitions
of parties, and voters. 2. 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 69
1. 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. 2. A mandate gained in violation of
paragraph 1 of this article is invalid.
Article 70
1. Deputies represent the people and are not bound by any obligatory mandate. 2.
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. 3. 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. 4. For every violation of
paragraph 3 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 71
1. The mandate of the deputy begins on the day when he is declared elected by
the respective electoral commission. 2. 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 69, and 70, paragraphs 2 and 3 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 72
Before beginning the exercise of the mandate, the deputies take the oath in the
Assembly.
Article 73
1. 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. 2.
A deputy may not be criminally prosecuted without the authorization of the
Assembly. Authorization is also required when he is to be arrested. 3. 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. 4. For issues
contemplated in paragraphs 2 and 3, the Assembly decides by secret vote.
Chapter III
Organization And Functioning
Article 74
1. 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. 2. 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. 3. Extraordinary sessions are called by the Speaker of the
Assembly on the basis of a defined agenda.
Article 75
1. The Assembly elects and discharges its chairman. 2. The Assembly is organized
and functions according to regulations approved by the majority of all the
members.
Article 76
1. 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. 2. The highest civil employee of the Assembly is the General
Secretary. 3. Other services necessary for the functioning of the Assembly are
carried out by other employees, as is specified in the internal regulations.
Article 77
1. The Assembly elects standing committees from its ranks and may also establish
special committees. 2. 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. 3. Investigator committees operate according to
the procedures set by law.
Article 78
1. 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. 2. Meetings of the deputies, which are convened without
being called in accordance to the regulations, do not have any effect.
Article 79
1. Meetings of the Assembly are open. 2. 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 80
1. 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. 2.
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. 3. 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 81
1. The Council of Ministers, every deputy, and 20,000 electors each have the
right to propose laws. 2. 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 82
1. The proposal of laws, when this is the case, must always be accompanied by a
report that justifies the financial expenses for its implementation. 2. 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 30 days from the date of
receiving the draft law. 3. 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 83
1. A draft law is voted on three times: in principle, article by article, and in
its entirety. 2. 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. 3. The expedited procedure is not permitted for the review of the draft
laws contemplated in Article 81, paragraph 2, with the exception of subparagraph
a.
Article 84
1. President of the Republic promulgates the approved law within 20 days from
its presentation. Article 81 1. The Council of Ministers, every deputy, and
20,000 electors each have the right to propose laws. 2. 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 85
1. The President of the Republic has the right to return a law for review only
once. 2. 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 86
1. The President of the Republic is the Head of State and represents the unity
of the people. 2. Only an Albanian citizen by birth who has been a resident in
Albania for not less than the past 10 years and who has reached the age of 40
may be elected President.
Article 87
1. A candidate for President is proposed to the Assembly by a group of not less
than 20 of its members. A member is not permitted to take part in more than one
proposing group. 2. 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.
3. When this majority is not reached in the first voting, a second voting takes
place within 7 days from the day of the first voting. 4. When this majority is
not reached even in the second voting, a third voting takes place within 7 days.
5. When there is more than one candidate and none of them has received the
required majority, within 7 days, a fourth voting takes place between the two
candidates who have received the greatest number of votes. 6. If even in the
fourth voting neither of the two candidates has received the required majority,
a fifth one takes place. 7. 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 60 days. 8. The new Assembly elects the
President pursuant to the procedure contemplated by paragraphs 1 to 7 of this
article. If even the new Assembly does not elect the President, the Assembly is
dissolved and new general elections take place within 60 days. 9. The subsequent
Assembly elects the President of the Republic by a majority of all its members.
Article 88
1. The President of the Republic is in every case elected for 5 years, with the
right of reelection only once 2. The procedure for the election of the President
begins no later than 30 days before the end of the previous presidential
mandate. 3. 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!"
4. 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 89
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 90
1. The President of the Republic is not responsible for acts carried out in the
exercise of his duty. 2. 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. 3. 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 91
1. 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. 2. In case the President cannot exercise his
duty for more than 60 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 10 days from the date of verification of incapacity.
Article 92
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 93
The President of the Republic, in the exercise of his powers, issues decrees.
Article 94
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 95
1. The Council of Ministers consists of the Prime Minister, deputy prime
minister, and ministers. 2. The Council of Ministers exercises every state
function that is not given to other organs of state power or to local
government.
Article 96
1. 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. 2. If the Prime Minister appointed is not approved by the
Assembly, the President appoints a new Prime Minister within 10 days. 3. If even
the newly appointed Prime Minister is not approved by the Assembly, the Assembly
elects another Prime Minister within 10 days. In this case, the President
appoints the new Prime Minister. 4. If the Assembly fails to elect a new Prime
Minister, the President of the Republic dissolves the Assembly.
Article 97
The Prime Minister appointed according to article 96, article 104 or article 105
presents to the Assembly for approval, within 10 days, the policy program of the
Council of Ministers together with its composition.
Article 98
1. A minister is appointed and dismissed by the President of the Republic, on
the proposal of the Prime Minister, within 7 days. 2. The decree is reviewed by
the Assembly within 10 days.
Article 99
Before beginning duties, the Prime Minister, deputy prime minister, and
ministers swear before the President of the Republic.
Article 100
1. The Council of Ministers defines the principal directions of the general
state policy. 2. The Council of Ministers takes decisions upon the proposal of
the Prime Minister or the respective minister. 3. Meetings of the Council of
Ministers are closed. 4. Acts of the Council of Ministers are valid when signed
by the Prime Minister and the proposing minister. 5. The Council of Ministers
issues decisions and instructions.
Article 101
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 5 days if it is not in session. These acts lose force
retroactively if they are not approved by the Assembly within 45 days.
Article 102
1. 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. 2. The Prime Minister resolves disagreements between
ministers. 3. The Prime Minister, in the exercise of his powers, issues orders.
4. 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 103
1. Anyone who has the capacity to be a deputy may be appointed a minister. 2. A
minister may not exercise any other state function nor be a director or member
of the organs of for-profit companies. 3. Members of the Council of Ministers
enjoy the immunity of a deputy.
Article 104
1. 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 15 days. In this case, the President appoints the new Prime
Minister. 2. When the Assembly does not succeed in electing a new Prime
Minister, the President of the Republic dissolves the Assembly. 3. The vote for
the motion cannot be done if three days have not passed from the day it was
presented.
Article 105
1. 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 15 days. In this case, the
President appoints the new Prime Minister. 2. When the Assembly fails to elect
the new Prime Minister, the President of the Republic dissolves the Assembly. 3.
The vote for the motion cannot be done if three days have not passed from the
day it was presented.
Article 106
The Prime Minister and the ministers are obligated to stay on duty until the
appointment of
The new Council of Ministers.
Article 107
1. Public employees apply the law and are in the service of the people. 2.
Employees in the public administration are selected through examinations, except
when the law provides otherwise. 3. Guarantees of tenure and legal treatment of
public employees are regulated by law.
Part Six
Local Government
Article 108
1. The units of local government are communes or municipalities and regions.
Other units of local government are regulated by law. 2. 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. 3. 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. 4.
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 151, paragraph
2.
Article 109
1. 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. 2. The executive organ of a municipality or commune is the Chairman, who
is elected directly by the people in the manner contemplated in paragraph 1 of
this article. 3. 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. 4. 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 110
1. A region consists of several basic units of local government with
traditional, economic and social ties and joint interests. 2. The region is the
unit in which regional policies are constructed and implemented and where they
are harmonized with state policy. 3. 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. 4. The
Regional Council has the right to issue orders and decisions with general
obligatory force for the region.
Article 111
1. The units of local government are juridical persons. 2. The units of local
government have an independent budget, which is created in the manner provided
by law.
Article 112
1. 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. 2. 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 113
1. 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. 2. The organs of units of local government issue
directives, decisions and orders. 3. The rights of self-government of the units
of local government are protected in court.
Article 114
The Council of Ministers appoints a prefect in every region as its
representative. The powers of the prefect are defined by law.
Article 115
1. 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. 2. The dissolved or discharged organ has the right to
complain, within 15 days, to the Constitutional Court, and in this case, the
decision of the Council of Ministers is suspended. 3. If the right to complain
is not exercised within 15 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 116
1. 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. 2. Acts that are issued by
the organs of local power are effective only within the territorial jurisdiction
exercised by these organs. 3. 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 117
1. 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. 2. The promulgation and publication of other
normative acts is done according to the manner provided by law. 3. 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 118
1. Subordinate legal acts are issued on the basis of and for implementation of
the laws by the organs provided in the Constitution. 2. 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. 3. The organ authorized by law to issue
subordinate legal acts as specified in paragraph 2 of this article may not
delegate its power to another organ.
Article 119
1. 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. 2. 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. 3. The
rules and orders are issued on the basis of, and for implementation of, acts
that have general juridical force.
Article 120
The principles and procedures for the issuance of local juridical acts are
provided by law.
Chapter II
International Agreements
Article 121
1. 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. 2. The Assembly may, with a majority of all its
members, ratify other international agreements that are not contemplated in
paragraph 1 of this article. 3. The Prime Minister notifies the Assembly
whenever the Council of Ministers sign an international agreement that is not
ratified by law. 4. The principles and procedures for ratification and
denunciation of international agreements are provided by law.
Article 122
1. 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. 2. An international agreement that has been ratified by law
has superiority over laws of the country that are not compatible with it. 3. 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 123
1. The Republic of Albania, on the basis of international agreements, delegates
to international organizations state powers for specific issues. 2. The law that
ratifies an international agreement as provided in paragraph 1 of this article
is approved by a majority of all members of the Assembly. 3. The Assembly may
decide that the ratification of such an agreement be done through a referendum.
Part Eight
Constitutional Court
Article 124
1. The Constitutional Court guarantees respect for the Constitution and makes
final interpretations of it. 2. The Constitutional Court is subject only to the
Constitution.
Article 125
1. The Constitutional Court is composed of 9 members, which are appointed by the
President of the Republic with the consent of the Assembly. 2. Judges are named
for 9 years without the right to be reelected, among lawyers with high
qualification and with work experience not less than 15 years in the profession.
3. One-third of the composition of the Constitutional Court is renewed every 3
years, according to the procedure determined by law. 4. 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 3-year term. 5. The judge
of the Constitutional Court continues his duty until the appointment of his
successor.
Article 126
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 24 hours to send the arrested judge to court, the competent organ is
obliged to release him.
Article 127
1. 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 6 months; c. reaches 70 years of age; d. resigns;
e. is declared incompetent to act with a final judicial decision. 2. The end of
the term of a judge is declared with a decision of the Constitutional 3. Court.
4. If the seat of a judge is vacant, the President of the Republic with the
consent of 5. the Assembly appoints a new judge, who remains on duty until the
mandate of the dismissed judge ends.
Article 128
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 129
The judge of the Constitutional Court starts the duty after he makes an oath in
front of the
President of the Republic.
Article 130
Being a judge of the Constitutional Court is incompatible with any other state,
political or private activity.
Article 131
The Constitutional Court decides on:
a. compatibility of the law with the Constitution or with international
agreements as provided in article 122; 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 9 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 132
1. 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. 2. 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 133
1. Acceptance of complaints for judgement is decided from a number of judges as
determined by law. 2. The Constitutional Court decides with the majority of all
its members.
Article 134
1. 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 145, paragraph 2 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. 1. The subjects provided for in
subparagraphs f, g, h, i, and j of paragraph 1 of this article may make a
request only for issues related with their interests.
Part Nine
The Courts
Article 135
1. 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. 2. The
Assembly may establish by law courts for particular fields, but in no case an
extraordinary court.
Article 136
1. The members of the High Court are appointed by the President of the Republic
with the consent of the Assembly. 2. One of the members is appointed Chairman
following the procedure contemplated by paragraph 1 of this
article. 3. The
Chairman and members of the High Court hold the office for 9 years without the
right of re-appointment. 4. The other judges are appointed by the President of
the Republic upon the proposal of the High Council of Justice. 5. Judges may
only be citizens with higher legal education. The conditions and procedures for
selection are defined by law.
Article 137
1. A judge of the High Court may be criminally prosecuted only with the approval
of the Assembly. 2. 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 24 hours to the sending of
the arrested judge before a court, the competent organ is obliged to release
him. 3. Other judges may be criminally prosecuted only with the approval of the
High Council of Justice. 4. 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 24 hours to the
sending of the arrested judge before a court, the competent organ is obliged to
release him.
Article 138
The time a judge stays on duty cannot be limited; their pay and other benefits
cannot be lowered.
Article 139
1. 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 6 months; c. reaches the age of 65; d. resigns; e. is declared incompetent
to act with a final judicial decision. 2. The end of the term of a judge is
declared with a decision of the High Court.
Article 140
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 141
1. 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. 2. 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 142
1. Judicial decisions must be reasoned. 2. The High Court must publish its
decisions as well as the minority opinions. 3. The organs of the state are
obliged to execute judicial decisions.
Article 143
Being a judge is not compatible with any other state, political or private
activity.
Article 144
The courts have a special budget, which they administer themselves. They propose
their budget according to law.
Article 145
1. Judges are independent and subject only to the Constitution and the laws. 2.
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. 3. Interference in the activity of the courts or the judges entails
liability according to law.
Article 146
1. Judges give decisions in the name of the Republic. 2. In every case judicial
decisions are announced publicly.
Article 147
1. The High Council of Justice consists of the President of the Republic, the
Chairman of the High Court, the Minister of Justice, 3 members elected by the
Assembly, and 9 judges of all levels who are elected by the National Judicial
Conference. Elected members stay in office for 5 years, without the right of
immediate reelection. 2. The President of the Republic is the Chairman of the
High Council of Justice. 3. 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. 4. The High Council of Justice
decides on the transfer of the judges as well as their disciplinary
responsibility pursuant to law. 5. The transfer of judges may not be done
without their consent, except when the needs of reorganization of the judicial
system dictate this. 6. 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 148
1. 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. 2. Prosecutors are organized and operate
near the judicial system as a centralized organ. 3. In the exercise of their
powers, the prosecutors are subject to the Constitution and the laws.
Article 149
1. The General Prosecutor is appointed by the President of the Republic with the
consent of the Assembly. 2. 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. 3. The other
prosecutors are appointed and discharged by the President of the Republic upon
the proposal of the General Prosecutor. 4. The General Prosecutor informs the
Assembly from time to time on the status of criminality.
Part Eleven
Referendum
Article 150
1. The people, through 50 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. 2. 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. 3. Principles and procedures for
holding a referendum, as well as its validity, are provided by law.
Article 151
1. A law approved by referendum is promulgated by the President of the Republic.
2. 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. 3. A referendum upon the same issue cannot be repeated before 3
years have passed since it was held.
Article 152
1. The Constitutional Court reviews preliminarily the constitutionality of the
issues put for a referendum according to article 150, paragraphs 1 and 2,
Article 151, paragraphs 2 and 3, as well as article 177, paragraphs 4 and 5,
within 60 days. 2. The importance of special issues, as provided in paragraphs 1
and 2 of article 150, is not subject to judgement in the Constitutional Court.
3. The date of the referendum is set by the President of the Republic within 45
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 153
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 154
1. The Commission consists of 7 members who are elected with a mandate of 7
years. Two members are elected by the Assembly, 2 by the President of the
Republic, and 3 other members by the High Council of Justice. 2. The membership
of the Central Election Commission is renewed every three years pursuant to the
procedure established by law. 3. The membership in the Commission is
incompatible with any other state and political activity. 4. Electoral subjects
appoint their representatives to the Commission. They do not have the right to
vote. 5. A member of the Commission enjoys the immunity of a member of the High
Court. 6. The Commission has its own budget.
Part Thirteen
Public Finances
Article 155
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 156
The State can take and guarantee loans and financial credits when so authorized
by law.
Article 157
1. The budgetary system is composed of the state budget and local budgets. 2.
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. 3. Local organs define and collect taxes and other obligations
as provided by law. 4. State and local organs are obliged to make public their
revenues and expenses.
Article 158
1. 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. 2. 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. 3. 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. 4. 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. 5. The Assembly takes a final decision after having
also listened to the High State Control report.
Article 159
Principles and procedures for drafting the draft budget, as well as for
implementing it are Defined by law.
Article 160
1. During the financial year, the Assembly may make changes in the budget. 2.
The changes in the budget are made based on defined procedures for drafting and
approving it. 3. Expenses foreseen in other laws cannot be reduced as long as
these laws are in force.
Article 161
1. 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. 2. The Bank of Albania is directed by a council, which is chaired by
the Governor. The Governor is elected by the Assembly for 7 years, upon proposal
of the President of the Republic, with the right of reelection.
Part Fourteen
The High State Control
Article 162
1. The High State Control is the highest institution of economic and financial
control. It is subject only to the Constitution and laws. 2. 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 7 years, with the right of
reelection.
Article 163
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 164
1. 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. 2. The High State Control presents to the Assembly a
yearly report on its activities.
Article 165
1. 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. 2. The Head of the High State Control has the immunity of a member
of the High Court.
Part Fifteen
Armed Forces
Article 166
1. The Albanian citizens have the duty to participate in the defense of the
Republic of Albania, as provided by law. 2. 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 167
1. Military servicemen on active duty cannot be chosen or nominated for other
state duties nor participate in a party or political activity. 2. 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 168
1. The Armed Forces of the Republic of Albania are composed of the army, navy,
and air force. 2. The President of the Republic is the General Commander of the
Armed Forces. 3. The National Security Council is an advisory organ of the
President of the Republic.
Article 169
1. The President of the Republic in peacetime exercises the command of the Armed
Forces through the Prime Minister and Minister of Defense. 2. The President of
the Republic in wartime appoints and dismisses the Commander of the Armed Forces
upon proposal of the Prime Minister. 3. 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. 4. 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 170
1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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 171
1. 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.
2. 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 172
1. In the case of paragraph 1 of article 171, the President of the Republic
presents to the Assembly the decree for establishing the state of war within 48
hours from its signing, specifying the rights to be limited. 2. The Assembly
takes immediately under review and decides, with the majority of all its
members, upon the decree of the President.
Article 173
1. 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 60 days. 2. 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. 3.
The extension of the term of the state of emergency may be done only with the
consent of the Assembly, for each 30 days, for a period of time not longer than
90 days.
Article 174
1. 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 30 days, on the state of natural disaster in one part or in the
whole territory of the state. 2. The extension of the state of natural disaster
can be done only with the consent of the Assembly.
Article 175
1. During the state of war or state of emergency the rights and freedoms
contemplated by articles: 15; 18; 19; 20; 21; 24; 25; 29; 30; 31; 32; 34; 39,
paragraph 1; 41, paragraphs 1, 2, 3, and 5; 42; 43; 48; 54; 55 may not be
limited. 2. During the state of natural disaster the rights and freedoms
contemplated by articles: 37; 38; 41, paragraph 4; 49; 51 may be limited. 3. The
acts for declaring the state of war, emergency or natural disaster must specify
the rights and freedoms which are limited according to paragraphs 1 and 2 of
this article.
Article 176
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 177
1. Initiative for revision of the Constitution may be undertaken by not less
than one-fifth of the members of the Assembly. 2. No revision of the
Constitution may be undertaken during the time when the extraordinary measures
are taken. 3. The draft law is approved by not less then two-thirds of all
members of the Assembly. 4. 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 60 days after its
approval in the Assembly. 5. The approved constitutional amendment is put to a
referendum when this is required by one-fifth of the members of the Assembly. 6.
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. 7. 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. 8. 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 3 years from the day of its rejection by the
referendum.
Part Eighteen
Transitory And Final Dispositions
Article 178
1. 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. 2.
The Council of Ministers presents to the Assembly draft laws necessary for
implementing this Constitution.
Article 179
1. The mandate of the existing constitutional organs with the entering into
force of this Constitution ends pursuant to the terms contemplated by Law No.
7491, dated 29.4.1991, On the Main Constitutional Provisions and its respective
amendments. 2. The members of the Court of Cassation continue their activity as
members of the High Court pursuant to their previous mandate. 3. 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. 4. The
organs of local government continue their activity until their mandate
terminates.
Article 180
1. International agreements ratified by the Republic of Albania before this
Constitution enters into force are considered ratified according to this
Constitution. 2. The Council of Ministers presents to the Constitutional Court
the international agreements which contain provisions that come in conflict with
the Constitution.
Article 181
1. 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 41. 2. 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 182
Law No. 7491, dated 29.4. 1991, "On the Main Constitutional Provisions" as well
as the Other constitutional laws are abrogated the day this Constitution enters
into force.
Article 183
This Constitution enters into force with its promulgation by the President of
the Republic.