ProfilAlbania

1. Nama Resmi : Republik Albania (Republika e Shqipërisë)2. Ibu Kota Negara : Tirana3. Konstitusi : 21 Oktober 19984. Bahasa Resmi : Albania5. Bentuk Negara : Kesatuan6. Sistem Pemerintahan : Parlementer7. Bentuk Pemerintahan : Republik8. Kepala Negara : Presiden, dipilih oleh Kuvendi untuk jangka waktu 5 tahun dan masa

jabatan maksimal 2 periode9. Kepala Pemerintahan : Perdana Menteri, dipilih oleh presiden10. Lembaga Legislatif : Majelis Rakyat, dipilih oleh rakyat untuk masa jabatan empat tahun11. Lembaga Yudikatif : Sistem pengadilannya terdiri dari Mahkamah Konstitusi, Pengadilan Kasasi,

Pengadilan Banding dan Pengadilan Distrik.

ALBANIAN CONSTITUTION

We, the people of Albania, proud and aware of our history, with responsibility for the future, and withfaith in God and/or other universal values, with determination to build a social and democratic statebased on the rule of law, and to guarantee the fundamental human rights and freedoms, with a spirit oftolerance and religious coexistence, with the pledge for the protection of human dignity and personhood,as well as for the prosperity of the whole nation, for peace, well-being, culture and social solidarity, withthe centuries-old aspiration of the Albanian people for national identity and unity,with a deep conviction that justice, peace, harmony and cooperation among nations are among thehighest values of humanity,

We establish this Constitution:

PART ONEBASIC PRINCIPLES

Article 11. 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 21. 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 takepart in a system of collective security, on thebasis of a law approved by a majority of allthe members of the Assembly.

Article 3The independence of the state and the integrity ofits territory, dignity of the individual, human rightsand freedoms, social justice, constitutional order,pluralism, national identity and inheritance,religious coexistence, as well as coexistence with,and understanding of Albanians for, minorities arethe bases of this state, which has the duty ofrespecting and protecting them.

Article 41. 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 aredirectly applicable, except when theConstitution provides otherwise.

Article 5The Republic of Albania applies international lawthat is binding upon it.

Article 6The organization and functioning of the organscontemplated by this Constitution are regulated bytheir respective laws, except when thisConstitution provides otherwise.

Article 7The system of government in the Republic ofAlbania is based on the separation and balancingof legislative, executive and judicial powers.

Article 81. The Republic of Albania protects the

national rights of the Albanian people wholive outside its borders.

2. The Republic of Albania protects the rightsof its citizens with a temporary or permanentresidence outside its borders.

3. The Republic of Albania assures assistancefor Albanians who live and work abroad inorder to preserve and develop their ties withthe national cultural inheritance.

Article 91. Political parties are created freely. Their

organization shall conform with democraticprinciples.

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2. Political parties and other organizations, theprograms and activity of which are based ontotalitarian methods, which incite andsupport racial, religious, regional or ethnichatred, which use violence to take power orinfluence state policies, as well as those witha secret character, are prohibited pursuant tothe law.

3. The financial sources of parties as well astheir expenses are always made public.

Article 101. 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 thefreedom of their expression in public life.

3. The state recognizes the equality of religiouscommunities.

4. The state and the religious communitiesmutually respect the independence of oneanother and work together for the good ofeach of them and for all.

5. Relations between the state and religiouscommunities are regulated on the basis ofagreements entered into between theirrepresentatives and the Council of Ministers.These agreements are ratified by theAssembly.

6. Religious communities are juridical persons.They have independence in the administrationof their properties according to theirprinciples, rules and canons, to the extentthat interests of third parties are not infringed.

Article 111. The economic system of the Republic of

Albania is based on private and publicproperty, as well as on a market economy andon freedom of economic activity.

2. Private and public property are equallyprotected by law.

3. Limitations on the freedom of economicactivity may be established only by law andfor important public reasons.

Article 121. The armed forces secure the independence

of the country, as well as protect its territorialintegrity and constitutional order.

2. The armed forces maintain neutrality inpolitical questions and are subject to civiliancontrol.

3. No foreign military force may be situated in,or pass through, the Albanian territory, aswell no Albanian military force may be sentabroad, except by a law approved by amajority of all members of the Assembly.

Article 13Local government in the Republic of Albania isfounded upon the basis of the principle ofdecentralization of power and is exercisedaccording to the principle of local autonomy.

Article 141. The official language in the Republic of

Albania is Albanian.2. The national flag is red with a two-headed

black eagle in the center.3. The seal of the Republic of Albania presents

a red shield with a black, two-headed eaglein the center. At the top of the shield, ingold color, is the helmet of Skanderbeg.

4. The national anthem is “United Around OurFlag.”

5. The National Holiday of the Republic ofAlbania is Flag Day, November 28.

6. The capital city of the Republic of Albaniais Tirana.

7. The form and dimensions of the nationalsymbols, the content of the text of thenational anthem, and their use shall beregulated by law.

PART TWOTHE FUNDAMENTAL HUMAN RIGHTS

AND FREEDOMS

CHAPTER IGENERAL PRINCIPLES

Article 151. The fundamental human rights and freedoms

are indivisible, inalienable, and inviolable andstand at the basis of the entire juridical order.

2. The organs of public power, in fulfillmentof their duties, shall respect the fundamental

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rights and freedoms, as well as contribute totheir realization.

Article 161. The fundamental rights and freedoms and the

duties contemplated in this Constitution forAlbanian citizens are also valid for foreignersand stateless persons in the territory of theRepublic of Albania, except for cases whenthe Constitution specifically attaches theexercise of particular rights and freedomswith Albanian citizenship.

2. The fundamental rights and freedoms and theduties contemplated in this Constitution arevalid also for juridical persons so long as theycomport with the general purposes of thesepersons and with the core of these rights,freedoms and duties.

Article 171. The limitation of the rights and freedoms

provided for in this Constitution may beestablished only by law for a public interestor for the protection of the rights of others.A limitation shall be in proportion with thesituation that has dictated it.

2. These limitations may not infringe the essenceof the rights and freedoms and in no casemay exceed the limitations provided for inthe European Convention on Human Rights.

Article 181. 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 orphilosophical beliefs, economic condition,education, social status, or ancestry.

3. No one may be discriminated against forreasons mentioned in paragraph 2 ifreasonable and objective legal grounds do notexist.

Article 191. Everyone born of at least one parent with

Albanian citizenship gains automaticallyAlbanian citizenship. Albanian citizenship isgained also for other reasons provided by law.

2. An Albanian citizen may not lose hiscitizenship, except when he gives it up.

Article 201. Persons who belong to national minorities

exercise in full equality before the law thehuman rights and freedoms.

2. They have the right to freely express, withoutprohibition or compulsion, their ethnic,cultural, religious and linguistic belonging.They have the right to preserve and developit, to study and to be taught in their mothertongue, as well as unite in organizations andsocieties for the protection of their interestsand identity.

CHAPTER IIPERSONAL RIGHTS AND FREEDOMS

Article 21The life of a person is protected by law.

Article 221. 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 ortelevision stations.

Article 231. The right to information is guaranteed.2. Everyone has the right, in compliance with

law, to get information about the activity ofstate organs, as well as of persons whoexercise state functions.

3. Everybody is given the possibility to followthe meetings of collectively elected organs.

Article 241. 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 themindividually or collectively, in public orprivate life, through cult, education, practicesor the performance of rituals.

3. No one may be compelled or prohibited totake part or not in a religious community orin religious practices or to make his beliefs orfaith public.

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Article 25No one may be subjected to cruel, inhuman ordegrading torture, punishment or treatment.

Article 26No one may be required to perform forced labor,except in cases of the execution of a judicialdecision, the performance of military service, orfor a service that results from a state of emergency,war or natural disaster that threatens human life orhealth.

Article 271. No one’s liberty may be taken away except in

the cases and according to the proceduresprovided 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 obligationset by law;

c. when there are reasonable suspicions thathe has committed a criminal offense orto prevent the commission by him of acriminal offense or his escape after itscommission;

d. for the supervision of a minor forpurposes of education or for escortinghim to a competent organ;

e. when a person is the carrier of acontagious disease, mentally incompetentand dangerous to society;

f. for illegal entry at state borders or in casesof deportation or extradition.

3. No one may be deprived of liberty justbecause he is not in a condition to fulfill acontractual obligation.

Article 281. Everyone whose liberty has been taken away

has the right to be notified immediately, in alanguage that he understands, of the reasonsfor this measure, as well as the accusationmade against him. The person whose libertyhas been taken away shall be informed thathe has no obligation to make a declarationand has the right to communicate immediately

with a lawyer, and he shall also be given thepossibility 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 hoursbefore a judge, who shall decide upon hispre-trial detention or release not later than48 hours from the moment he receives thedocuments for review.

3. A person in pre-trial detention has the rightto appeal the judge’s decision. He has theright to be tried within a reasonable periodof time or to be released on bail pursuant tolaw.

4. In all other cases, the person whose liberty istaken away extra-judicially may address ajudge at anytime, who shall decide within 48hours regarding the legality of this action.

5. Every person whose liberty was taken awaypursuant to article 27, has the right to humanetreatment and respect for his dignity.

Article 291. No one may be accused or declared guilty of

a criminal act that was not considered as suchby law at the time of its commission, withthe exception of cases, which at the time oftheir commission, according to internationallaw, constitute war crimes or crimes againsthumanity.

2. No punishment may be given that is moresevere than that which was contemplated bylaw at the time of commission of the criminalact.

3. A favorable criminal law has retroactiveeffect.

Article 30Everyone is considered innocent so long as his guiltis not proven by a final judicial decision.

Article 31During a criminal proceeding, everyone has theright: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 tonotify his family or those close to him;

b. to have the time and sufficient facilities toprepare his defense;

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c. to have the assistance without payment of atranslator, when he does not speak orunderstand the Albanian language;

d. to be defended by himself or with theassistance of a legal defender chosen by him;to communicate freely and privately with him,as well as to be assured of free defense whenhe does not have sufficient means;

e. to question witnesses who are present and toseek the presentation of witnesses, expertsand other persons who can clarify the facts.

Article 321. 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 331. 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 34No one may be punished more than one time forthe same criminal act nor be tried again, except forcases when the re-adjudication of the case is decidedon by a higher court, in the manner specified bylaw.

Article 351. No one may be obliged, except when the law

requires it, to make public data connectedwith his person.

2. The collection, use and making public of dataabout a person is done with his consent,except for the cases provided by law.

3. Everyone has the right to become acquaintedwith data collected about him, except forthe cases provided by law.

4. Everyone has the right to request thecorrection or expunging of untrue orincomplete data or data collected in violationof law.

Article 36The freedom and secrecy of correspondence or anyother means of communication are guaranteed.

Article 371. 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 inthe cases and manner provided by law.

3. No one may be subjected to a personal searchoutside a criminal proceeding, with theexception of the cases of entry into theterritory of the state and the leaving of it, orto avoid a risk that threatens public security.

Article 381. Everyone has the right to choose his place of

residence and to move freely to any part ofthe territory of the state.

2. No one may be hindered to go freely out ofthe state.

Article 391. No Albanian citizen may be expelled from

the territory of the state.2. Extradition may be permitted only when it is

expressly provided in internationalagreements, to which the Republic of Albaniais a party, and only by judicial decision.

3. The collective expulsion of foreigners isprohibited. The expulsion of individuals ispermitted under the conditions specified bylaw.

Article 40Foreigners have the right of refuge in the Republicof Albania according to law.

Article 411. The right of private property is guaranteed.2. Property may be gained by gift, inheritance,

purchase, or any other classical meansprovided by the Civil Code.

3. The law may provide for expropriations orlimitations in the exercise of a property rightonly for public interests.

4. The expropriations or limitations of aproperty right that are equivalent toexpropriation are permitted only against faircompensation.

5. For disagreements connected with the extentof the compensation, a complaint may befiled in court.

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Article 421. The freedom, property, and rights recognized

in the Constitution and by law may not beinfringed without due process.

2. Everyone, to protect his constitutional andlegal rights, freedoms, and interests, or in thecase of an accusation raised against him, hasthe right to a fair and public trial, within areasonable time, by an independent andimpartial court specified by law.

Article 43Everyone has the right to appeal a judicial decisionto a higher court, except when the Constitutionprovides otherwise.

Article 44Everyone has the right to be rehabilitated and/orindemnified in compliance with law if he isdamaged because of an unlawful act, action orfailure to act of the state organs.

CHAPTER IIIPOLITICAL RIGHTS AND FREEDOMS

Article 451. Every citizen who has reached the age of 18,

even on the date of the elections, has theright to elect and to be elected.

2. Citizens who have been declared mentallyincompetent by a final court decision do nothave the right to elect.

3. Convicts that are serving a sentence thatdeprives them of freedom have only the rightto elect.

4. The vote is personal, equal, free and secret.

Article 461. 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 procedureprovided by law.

3. Organizations or societies that pursueunconstitutional purposes are prohibitedpursuant to law.

Article 471. Freedom of peaceful meetings and without

arms, as well the participation in them isguaranteed.

2. Peaceful meetings in squares and places ofpublic passage are held in conformity withthe law.

Article 48Everyone, by himself or together with others, maydirect requests, complaints or comments to thepublic organs, which are obliged to answer in thetime periods and conditions set by law.

CHAPTER IVECONOMIC, SOCIAL AND CULTURAL

RIGHTS AND FREEDOMS

Article 491. Everyone has the right to earn the means of

living by lawful work that he has chosen oraccepted himself. He is free to choose hisprofession, place of work, as well as his ownsystem of professional qualification.

2. Employees have the right to social protectionof work.

Article 50Employees have the right to unite freely in labororganizations for the defense of their workinterests.

Article 511. 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 assureessential social services.

Article 521. 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 forreasons independent of their volition, andhas no other means of support, has the rightto assistance under the conditions providedby law.

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Article 531. 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 541. Children, the young, pregnant women and

new mothers have the right to specialprotection by the state.

2. Children born out of wedlock have equalrights with those born within marriage.

3. Every child has the right to be protected fromviolence, ill treatment, exploitation and theiruse for work, especially under the minimumage for work, which could damage theirhealth and morals or endanger their life ornormal development.

Article 551. 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 56Everyone has the right to be informed for the statusof the environment and its protection.

Article 571. 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 criteriaof abilities.

5. Mandatory education and general high schooleducation in public schools are free.

6. Pupils and students may also be educated inprivate schools of all levels, which are createdand operated on the basis of law.

7. The autonomy and academic freedom ofhigher education institutions are guaranteedby law.

Article 581. Freedom of artistic creation and scientific

research, placing in use, as well as profit fromtheir results are guaranteed for all.

2. Copyright is protected by law.

CHAPTER VSOCIAL OBJECTIVES

Article 591. The state, within its constitutional powers

and the means at its disposal, aims tosupplement private initiative andresponsibility 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 wellas unemployed persons;

e. a healthy and ecologically adequateenvironment for the present and futuregenerations;

f. rational exploitation of forests, waters,pastures and other natural resources onthe basis of the principle of sustainabledevelopment;

g. care and help for the aged, orphans andpersons with disabilities;

h. development of sport and of recreationactivities;

i. health rehabilitation, specializededucation and integration in society ofdisabled people, as well as continualimprovement of their living conditions;

j. protection of national cultural heritageand particular care for the Albanianlanguage.

2. Fulfillment of social objectives may not beclaimed directly in court. The law defines theconditions and extent to which the realizationof these objectives can be claimed.

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CHAPTER VIPEOPLE’S ADVOCATE

Article 601. The People’s Advocate defends the rights,

freedoms and lawful interests of individualsfrom unlawful or improper actions or failuresto act of the organs of public administration.

2. The People’s Advocate is independent in theexercise of his duties.

3. The People’s Advocate has his own budget,which he administers himself. He proposesthe budget pursuant to law.

Article 611. The People’s Advocate is elected by three-

fifths of all members of the Assembly for afive-year period, with the right of reelection.

2. Any Albanian citizen with higher education,and with recognized knowledge andrecognized activity in the field of humanrights and law may be the People’s Advocate.

3. The People’s Advocate enjoys the immunityof a judge of the High Court.

4. The People’s Advocate may not take part inany political party, carry on any otherpolitical, state or professional activity, nortake part in the management organs of social,economic and commercial organizations.

Article 621. The People’s Advocate may be discharged

only on the reasoned complaint of not lessthan one-third of the deputies.

2. In this case, the Assembly makes a decisionwith three-fifths of all its members.

Article 631. 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, andhe may request the Assembly to hear him onmatters he determines important.

3. The People’s Advocate has the right to makerecommendations and to propose measureswhen he observes violations of human rightsand freedoms by the public administration.

4. Public organs and officials are obligated topresent to the People’s Advocate alldocuments and information requested byhim.

PART THREETHE ASSEMBLY

CHAPTER IELECTION AND TERM

Article 641. The Assembly consists of 140 deputies. One-

hundred deputies are elected directly in single-member electoral zones with an approximatenumber of voters. Forty deputies are electedfrom the multi-name lists of parties or partycoalitions according to their respective order.

2. The total number of deputies of a party or aparty coalition shall be, to the closest possibleextent, proportional to the valid votes wonby them on the national scale in the firstround of elections.

3. Parties that receive less than 2.5 per cent,and party coalitions that receive less than 4per cent, of the valid votes on the nationalscale in the first round of elections do notbenefit from their respective multi-name lists.

Article 651. The Assembly is elected for four years.2. Elections for the Assembly are held within

60 to 30 days before the end of the mandateand not later than 45 days after itsdissolution.

3. The mandate of the Assembly continues untilthe first meeting of the new Assembly. Inthis interval, the Assembly may not issue lawsor take decisions, except when extraordinarymeasures have been established.

Article 66The mandate of the Assembly is extended only inthe case of war and for so long as it continues.When the Assembly is dissolved, it recalls itself.

Article 671. The newly elected Assembly is called to its

first meeting by the President of the Republic

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no later than 20 days from the conclusion ofthe elections.

2. If the President of the Republic does notexercise this power, the Assembly mustconvene itself within 10 days from the endof the term provided in paragraph 1 of thisarticle.

CHAPTER IITHE DEPUTIES

Article 681. Candidates for deputy may be presented only

by political parties, coalitions of parties, andvoters.

2. The rules for the designation of candidatesfor deputy, for the organization and conductof the elections, as well as the definition ofelectoral zones and the conditions of validityfor elections, are regulated by the electorallaw.

Article 691. Without resigning from duty, the following

may not run as candidates nor be electeddeputies: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 placeswhere they carry out their duties;

f. chairmen and members of the electoralcommissions;

g. the President of the Republic and thehigh officials of the state Administrationcontemplated by law.

2. A mandate gained in violation of paragraph1 of this article is invalid.

Article 701. 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 thatof a member of the Council of Ministers.Other cases of incompatibility are specifiedby law.

3. Deputies may not carry out any profit-makingactivity that stems from the property of thestate or of local government, nor may theyacquire their property.

4. For every violation of paragraph 3 of thisarticle, on the motion of the chairman ofthe Assembly or one-tenth of its members,the Assembly decides on sending the issue tothe Constitutional Court, which determinesthe incompatibility.

Article 711. The mandate of the deputy begins on the day

when he is declared elected by the respectiveelectoral 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 Assemblywithout reason.

f. when he is convicted by a final courtdecision for commitment of a crime.

Article 72Before beginning the exercise of the mandate, thedeputies take the oath in the Assembly.

Article 731. A deputy does not bear responsibility for

opinions expressed in the Assembly and votesgiven. This provision is not applicable in thecase of defamation.

2. A deputy may not be criminally prosecutedwithout the authorization of the Assembly.Authorization is also required when he is tobe arrested.

3. A deputy may be detained or arrested withoutauthorization when he is apprehended duringor immediately after the commission of aserious crime. In these cases, the GeneralProsecutor immediately notifies the Assembly,which, when it determines that the proceedingis misplaced, decides to lift the measure.

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4. For issues contemplated in paragraphs 2 and3, the Assembly decides by secret vote.

CHAPTER IIIORGANIZATION AND FUNCTIONING

Article 741. The Assembly conducts its annual work in

two sessions. The first session begins on thethird Monday of January and the secondsession on the first Monday of September.

2. The Assembly meets in extraordinary sessionwhen it is requested by the President of theRepublic, the Prime Minister or by one-fifthof all the deputies.

3. Extraordinary sessions are called by theSpeaker of the Assembly on the basis of adefined agenda.

Article 751. The Assembly elects and discharges its

chairman.2. The Assembly is organized and functions

according to regulations approved by themajority of all the members.

Article 761. The Chairman chairs debates, directs the

work, assures respect for the rights of theAssembly and its members, as well asrepresents the Assembly in relations withothers.

2. The highest civil employee of the Assemblyis the General Secretary.

3. Other services necessary for the functioningof the Assembly are carried out by otheremployees, as is specified in the internalregulations.

Article 771. The Assembly elects standing committees

from its ranks and may also establish specialcommittees.

2. The Assembly has the right and, upon therequest of one-fourth of its members isobliged, to designate investigator committeesto review a particular issue. Its conclusionsare not binding on the courts, but they maybe made known to the office of the

prosecutor, which evaluates them accordingto legal procedures.

3. Investigator committees operate according tothe procedures set by law.

Article 781. The Assembly decides with a majority of

votes, in the presence of more than half ofits members, except for the cases where theConstitution provides for a qualified majority.

2. Meetings of the deputies, which are convenedwithout being called in accordance to theregulations, do not have any effect.

Article 791. Meetings of the Assembly are open.2. At the request of the President of the

Republic, the Prime Minister or one-fifth ofthe deputies, meetings of the Assembly maybe closed, when a majority of all its membershave voted in favor of it.

Article 801. The Prime Minister and any other member

of the Council of Ministers is obligated toanswer hearing and questions of the deputieswithin three weeks.

2. A member of the Council of Ministers hasthe right to take part in meetings of theAssembly or of its committees; he is giventhe floor whenever he requests it.

3. The heads of state institutions, on requestof the parliamentary committees, giveexplanations and inform on specific issues oftheir activity to the extent that law permits.

CHAPTER IVTHE LEGISLATIVE PROCESS

Article 811. The Council of Ministers, every deputy, and

20,000 electors each have the right to proposelaws.

2. The following are approved by three-fifthsof all members of the Assembly:a. the laws for the organization and

operation of the institutions providedfor in the Constitution;

b. the law on citizenship;c. the law on general and local elections;

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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 821. The proposal of laws, when this is the case,

must always be accompanied by a report thatjustifies the financial expenses for itsimplementation.

2. No non-governmental draft law that makesnecessary an increase in the expenses of thestate budget or diminishes income may beapproved without taking the opinion of theCouncil of Ministers, which must be givenwithin 30 days from the date of receivingthe draft law.

3. If the Council of Ministers does not give ananswer within the above term, the draft lawpasses for review according to the normalprocedure.

Article 831. 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 thedeputies, review and approve a draft law withan expedited procedure, but not sooner thanone week from the beginning of the procedureof review.

3. The expedited procedure is not permitted forthe review of the draft laws contemplated inArticle 81, paragraph 2, with the exceptionof subparagraph a.

Article 841. President of the Republic promulgates the

approved law within 20 days from itspresentation.Article 81 1. The Council ofMinisters, every deputy, and 20,000 electorseach have the right to propose laws.

2. The following are approved by three-fifthsof all members of the Assembly:

a. the laws for the organization andoperation of the institutions providedfor 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 851. 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 ofall the members of the Assembly vote againstit.

PART FOURTHE PRESIDENT OF THE REPUBLIC

Article 861. The President of the Republic is the Head

of State and represents the unity of thepeople.

2. Only an Albanian citizen by birth who hasbeen a resident in Albania for not less thanthe past 10 years and who has reached theage of 40 may be elected President.

Article 871. A candidate for President is proposed to the

Assembly by a group of not less than 20 ofits members. A member is not permitted totake part in more than one proposing group.

2. The President of the Republic is elected bysecret vote and without debate by theAssembly by a majority of three-fifths of allits members.

3. When this majority is not reached in the firstvoting, a second voting takes place within 7days from the day of the first voting.

4. When this majority is not reached even in thesecond voting, a third voting takes placewithin 7 days.

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5. When there is more than one candidate andnone of them has received the requiredmajority, within 7 days, a fourth voting takesplace between the two candidates who havereceived the greatest number of votes.

6. If even in the fourth voting neither of thetwo candidates has received the requiredmajority, a fifth one takes place.

7. If even in the fifth voting neither of the twocandidates has received the required majority,the Assembly is dissolved and new generalelections take place within 60 days.

8. The new Assembly elects the Presidentpursuant to the procedure contemplated byparagraphs 1 to 7 of this article. If even thenew Assembly does not elect the President,the Assembly is dissolved and new generalelections take place within 60 days.

9. The subsequent Assembly elects the Presidentof the Republic by a majority of all itsmembers.

Article 881. The President of the Republic is in every

case elected for 5 years, with the right ofreelection only once.

2. The procedure for the election of thePresident begins no later than 30 days beforethe end of the previous presidential mandate.

3. The President begins his duties after he takesthe oath before the Assembly, but not beforethe mandate of the President who is leavinghas been completed. The President swears asfollows:“I swear that I will obey to the Constitution andlaws of the country, that I will respect the rightsand freedoms of citizens, protect the independenceof the Republic, and I will serve the general interestand the progress of the Albanian People.” ThePresident may add: “So help me God!”

4. A President who resigns before the end ofhis mandate may not be a candidate in thepresidential election that takes place after hisresignation.

Article 89The President of the Republic may not hold anyother public duty, may not be a member of a partyor carry out other private activity.

Article 901. The President of the Republic is not

responsible for acts carried out in the exerciseof his duty.

2. The President of the Republic may bedischarged for serious violations of theConstitution and for the commission of aserious crime. In these cases, a proposal forthe discharge of the President may be madeby not less than one-fourth of the membersof the Assembly and must be supported bynot less than two-thirds of all its members.

3. The decision of the Assembly is sent to theConstitutional Court, which, when it verifiesthe guilt of the President of the Republic,declares his discharge from duty.

Article 911. When the President of the Republic is

temporarily unable to exercise his functionsor his place remains vacant, the Chairman ofthe Assembly takes his place and exercises hispowers.

2. In case the President cannot exercise his dutyfor more than 60 days, the Assembly by two-thirds of all its members decides on sendingthe issue to the Constitutional Court, whichverifies conclusively the fact of his incapacity.In case of verification of incapacity, the placeof the President remains vacant and theelection of the new President begins within10 days from the date of verification ofincapacity.

Article 92The 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 withdrawsplenipotentiary representatives of theRepublic of Albania to other states andinternational organizations;

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g. accepts letters of credentials and thewithdrawal of diplomatic representativesof other states and internationalorganizations accredited to the Republicof Albania;

h. signs international agreements accordingto the law;

i. upon proposal of the Prime Minister, heappoints the director of the intelligenceservice of the state;

j. nominates the Chairman of the Academyof Sciences and the rectors of universitiespursuant to law;

k. sets the date of the elections for theAssembly, for the organs of local powerand for the conduct of referenda;

l. requests opinions and information inwriting from the directors of stateinstitutions for issues that have to dowith their duties.

Article 93The President of the Republic, in the exercise ofhis powers, issues decrees.

Article 94The President of the Republic may not exerciseother powers besides those recognized expressly inthe Constitution and granted by laws issued incompliance with it.

PART FIVETHE COUNCIL OF MINISTERS

Article 951. The Council of Ministers consists of the

Prime Minister, deputy prime minister, andministers.

2. The Council of Ministers exercises every statefunction that is not given to other organs ofstate power or to local government.

Article 961. The President of the Republic, at the

beginning of a legislature, as well as whenthe position of Prime Minister remainsvacant, appoints the Prime Minister on theproposal of the party or coalition of partiesthat has the majority of seats in the Assembly.

2. If the Prime Minister appointed is notapproved by the Assembly, the Presidentappoints a new Prime Minister within 10days.

3. If even the newly appointed Prime Ministeris not approved by the Assembly, theAssembly elects another Prime Ministerwithin 10 days. In this case, the Presidentappoints the new Prime Minister.

4. If the Assembly fails to elect a new PrimeMinister, the President of the Republicdissolves the Assembly.

Article 97The Prime Minister appointed according to article96, article 104 or article 105 presents to theAssembly for approval, within 10 days, the policyprogram of the Council of Ministers together withits composition.

Article 981. A minister is appointed and dismissed by the

President of the Republic, on the proposalof the Prime Minister, within 7 days.

2. The decree is reviewed by the Assemblywithin 10 days.

Article 99Before beginning duties, the Prime Minister, deputyprime minister, and ministers swear before thePresident of the Republic.

Article 1001. 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 therespective minister.

3. Meetings of the Council of Ministers areclosed.

4. Acts of the Council of Ministers are validwhen signed by the Prime Minister and theproposing minister.

5. The Council of Ministers issues decisions andinstructions.

Article 101The Council of Ministers, in cases of necessity andemergency, may issue, under its responsibility,normative acts having the force of law for taking

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temporary measures. These normative acts areimmediately submitted to the Assembly, which isconvened within 5 days if it is not in session. Theseacts lose force retroactively if they are not approvedby the Assembly within 45 days.

Article 1021. The Prime Minister:

a. represents the Council of Ministers andchairs its meetings;

b. outlines and presents the principaldirections of general state policy and isresponsible for them;

c. assures the implementation of legislationand policies approved by the Council ofMinisters;

d. coordinates and supervises the work ofthe members of the Council of Ministerand other institutions of the central stateadministration;

e. performs other duties prescribed in theConstitution and the laws.

2. The Prime Minister resolves disagreementsbetween ministers.

3. The Prime Minister, in the exercise of hispowers, issues orders.

4. The minister, within the principal directionsof general state policy, directs, under hisresponsibility, actions for which he haspowers. The minister, in the exercise of hispowers, issues orders and instructions.

Article 1031. 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 theorgans of for-profit companies.

3. Members of the Council of Ministers enjoythe immunity of a deputy.

Article 1041. If a motion of confidence presented by the

Prime Minister is refused by a majority of allthe members of the Assembly, the Assemblyelects another Prime Minister within 15 days.In this case, the President appoints the newPrime Minister.

2. When the Assembly does not succeed inelecting a new Prime Minister, the Presidentof the Republic dissolves the Assembly.

3. The vote for the motion cannot be done ifthree days have not passed from the day itwas presented.

Article 1051. In cases where a motion of no confidence

presented by one-fifth of the members ofthe Assembly is approved by the majority ofall its members, the Assembly elects anotherPrime Minister within 15 days. In this case,the President appoints the new PrimeMinister.

2. When the Assembly fails to elect the newPrime Minister, the President of the Republicdissolves the Assembly.

3. The vote for the motion cannot be done ifthree days have not passed from the day itwas presented.

Article 106The Prime Minister and the ministers are obligatedto stay on duty until the appointment of the newCouncil of Ministers.

Article 1071. Public employees apply the law and are in

the service of the people.2. Employees in the public administration are

selected through examinations, except whenthe law provides otherwise.

3. Guarantees of tenure and legal treatment ofpublic employees are regulated by law.

PART SIXLOCAL GOVERNMENT

Article 1081. The units of local government are communes

or municipalities and regions. Other units oflocal government are regulated by law.

2. The territorial-administrative division of theunits of local government are established bylaw on the basis of mutual economic needsand interests and historical tradition. Theirborders may not be changed without firsttaking the opinion of the inhabitants.

3. Communes and municipalities are the basicunits of local government. They perform allthe duties of self-government, with the

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exception of those that the law gives to otherunits of local government.

4. Self-government in the local units is exercisedthrough their representative organs and localreferenda. The principles and procedures forthe organization of local referenda areprovided by law in accordance with article151, paragraph 2.

Article 1091. The representative organs of the basic units

of local government are councils that areelected every three years by general directelections and with secret voting.

2. The executive organ of a municipality orcommune is the Chairman, who is electeddirectly by the people in the mannercontemplated in paragraph 1 of this article.

3. Only citizens who have a permanent residencein the territory of the respective local entityhave the right to be elected to the localcouncils and as chairman of the municipalityor commune.

4. The organs of local government units havethe right to form unions and joint institutionswith one another for the representation oftheir interests, to cooperate with local unitsof other countries, and also to be representedin international organizations of local powers.

Article 1101. A region consists of several basic units of

local government with traditional, economicand social ties and joint interests.

2. The region is the unit in which regionalpolicies are constructed and implemented andwhere they are harmonized with state policy.

3. The representative organ of the region is theRegional Council. Municipalities andcommunes delegate members to the RegionalCouncil in proportion to their population,but always at least one member. The chairmenof communes and municipalities are alwaysmembers of the Regional Council. Othermembers are elected through proportionallists from among the municipal or communalcouncillors by their respective councils.

4. The Regional Council has the right to issueorders and decisions with general obligatoryforce for the region.

Article 1111. The units of local government are juridical

persons.2. The units of local government have an

independent budget, which is created in themanner provided by law.

Article 1121. Units of local government may be delegated

by law powers of state administration.Expenses that are incurred in the exercise ofthe delegation are covered by the state.

2. Only duties in compliance with law oraccording to agreements entered into by themmay be put to the organs of local government.The expenses that are connected with theduties put by law to the organs of localgovernment are covered by the budget ofthe state.

Article 1131. The councils of the communes,

municipalities and regions:a. regulate and administer in an

independent manner local issues withintheir jurisdiction;

b. exercise the rights of ownership,administer in an independent manner theincome created, and also have the rightto exercise economic activity;

c. have the right to collect and spend theincome that is necessary for the exerciseof their functions;

d. have the right, in compliance with law,to establish local taxes as well as theirlevel;

e. establish rules for their organization andfunctioning in compliance with law;

f. create symbols of local government aswell as local titles of honor;

g. undertake initiatives for local issuesbefore the organs defined by law.

2. The organs of units of local government issuedirectives, decisions and orders.

3. The rights of self-government of the unitsof local government are protected in court.

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Article 114The Council of Ministers appoints a prefect in everyregion as its representative. The powers of theprefect are defined by law.

Article 1151. A directly elected organ of a local government

unit may be dissolved or discharged by theCouncil of Ministers for serious violationsof the Constitution or the laws.

2. The dissolved or discharged organ has theright to complain, within 15 days, to theConstitutional Court, and in this case, thedecision of the Council of Ministers issuspended.

3. If the right to complain is not exercisedwithin 15 days, or when the ConstitutionalCourt upholds the decision of the Councilof Ministers, the President of the Republicsets a date for holding of elections of therespective unit of local government.

PART SEVENNORMATIVE ACTS AND

INTERNATIONAL AGREEMENTS

CHAPTER INORMATIVE ACTS

Article 1161. 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 territorialjurisdiction exercised by these organs.

3. Normative acts of ministers and steeringorgans of other central institutions of thestate are effective in the entire territory ofthe Republic of Albania within the sphereof their jurisdiction.

Article 1171. The laws, normative acts of the Council of

Ministers, ministers, other central state

institutions, acquire juridical force only afterthey are published in the Official Journal.

2. The promulgation and publication of othernormative acts is done according to themanner provided by law.

3. International agreements that are ratified bylaw are promulgated and published accordingto the procedures that are provided for laws.The promulgation and publication of otherinternational agreements is done accordingto law.

Article 1181. Subordinate legal acts are issued on the basis

of and for implementation of the laws bythe organs provided in the Constitution.

2. A law must authorize the issuance ofsubordinate legal acts, designate thecompetent organ, the issues that are to beregulated, as well as the principles on thebasis of which these subordinate legal actsare issued.

3. The organ authorized by law to issuesubordinate legal acts as specified in paragraph2 of this article may not delegate its powerto another organ.

Article 1191. The rules of the Council of Ministers, of the

ministries and other central state institutions,as well as orders of the Prime Minister, ofthe ministers and heads of other centralinstitutions, have an internal character andare binding only on the administrative entitiesthat are subordinate to these organs.

2. These acts are issued on the basis of law andmay not serve as a basis for taking decisionsconnected with individuals and othersubjects.

3. The rules and orders are issued on the basisof, and for implementation of, acts that havegeneral juridical force.

Article 120The principles and procedures for the issuance oflocal juridical acts are provided by law.

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CHAPTER IIINTERNATIONAL AGREEMENTS

Article 1211. The ratification and denunciation of

international agreements by the Republic ofAlbania is done by law if they have to dowith:a. territory, peace, alliances, political and

military issues;b. freedoms, human rights and obligations

of citizens as are provided in theConstitution;

c. membership of the Republic of Albaniain international organizations;

d. the undertaking of financial obligationsby the Republic of Albania;

e. the approval, amendment, supplementingor repeal of laws.

2. The Assembly may, with a majority of all itsmembers, ratify other internationalagreements that are not contemplated inparagraph 1 of this article.

3. The Prime Minister notifies the Assemblywhenever the Council of Ministers sign aninternational agreement that is not ratifiedby law.

4. The principles and procedures for ratificationand denunciation of international agreementsare provided by law.

Article 1221. Any international agreement that has been

ratified constitutes part of the internaljuridical system after it is published in theOfficial Journal of the Republic of Albania.It is implemented directly, except for caseswhen it is not self-executing and itsimplementation requires issuance of a law.The amendment, supplementing and repealof laws approved by the majority of allmembers of the Assembly, for the effect ofratifying an international agreement, is donewith the same majority.

2. An international agreement that has beenratified by law has superiority over laws ofthe country that are not compatible with it.

3. The norms issued by an internationalorganization have superiority, in case of

conflict, over the laws of the country if theagreement ratified by the Republic of Albaniafor its participation in the organizationexpressly contemplates their directapplicability.

Article 1231. The Republic of Albania, on the basis of

international agreements, delegates tointernational organizations state powers forspecific issues.

2. The law that ratifies an internationalagreement as provided in paragraph 1 of thisarticle is approved by a majority of allmembers of the Assembly.

3. The Assembly may decide that the ratificationof such an agreement be done through areferendum.

PART EIGHTCONSTITUTIONAL COURT

Article 1241. The Constitutional Court guarantees respect

for the Constitution and makes finalinterpretations of it.

2. The Constitutional Court is subject only tothe Constitution.

Article 1251. The Constitutional Court is composed of 9

members, which are appointed by thePresident of the Republic with the consentof the Assembly.

2. Judges are named for 9 years without theright to be reelected, among lawyers withhigh qualification and with work experiencenot less than 15 years in the profession.

3. One-third of the composition of theConstitutional Court is renewed every 3 years,according to the procedure determined bylaw.

4. The Chairman of the Constitutional Court isappointed from the ranks of its members bythe President of the Republic with theconsent of the Assembly for a 3-year term.

5. The judge of the Constitutional Courtcontinues his duty until the appointment ofhis successor.

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Article 126The judge of the Constitutional Court cannot becriminally prosecuted without the consent of theConstitutional Court. The judge of theConstitutional Court can be detained or arrestedonly if apprehended in the commission of a crimeor immediately after its commission. The competentorgan immediately notifies the Constitutional Court.If the Constitutional Court does not give its consentwithin 24 hours to send the arrested judge to court,the competent organ is obliged to release him.

Article 1271. 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 Court.3. If the seat of a judge is vacant, the President

of the Republic with the consent of theAssembly appoints a new judge, who remainson duty until the mandate of the dismissedjudge ends.

Article 128The judge of the Constitutional Court can beremoved from office by the Assembly by two-thirdsof all its members for violations of theConstitution, commission of a crime, mental orphysical incapacity, acts and behavior that seriouslydiscredit the position and reputation of a judge.The decision of the Assembly is reviewed by theConstitutional Court, which, upon verification ofthe existence of one of these grounds, declares theremoval from duty of the member of theConstitutional Court.

Article 129The judge of the Constitutional Court starts theduty after he makes an oath in front of the Presidentof the Republic.

Article 130Being a judge of the Constitutional Court isincompatible with any other state, political orprivate activity.

Article 131The Constitutional Court decides on:

a. compatibility of the law with theConstitution or with internationalagreements as provided in article 122;

b. compatibility of international agreementswith the Constitution, prior to theirratification;

c. compatibility of normative acts of thecentral and local organs with theConstitution and internationalagreements;

d. conflicts of competencies betweenpowers, as well as between centralgovernment and local government;

e. constitutionality of the parties and otherpolitical organizations, as well as theiractivity, according to article 9 of thisConstitution;

f. dismissal from duty of the President ofthe Republic and verification of theimpossibility for him to exercise hisfunctions;

g. issues related with the election andincompatibility in exercising thefunctions of the President of theRepublic and of the deputies, as well asthe verification of their election;

h. constitutionality of the referendum andverification of its results;

i. final adjudication of the individualcomplaints for the violation of theirconstitutional rights to due process oflaw, after all legal means for the protectionof those rights have been exhausted.

Article 1321. The decisions of the Constitutional Court

have general binding force and are final. TheConstitutional Court only has the right toinvalidate the acts it reviews.

2. The decisions of the Constitutional Courtenter in force the day of their publication inthe Official Gazette. Constitutional Courtcan decide that the law or normative act is to

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be invalidated on another date. The minorityopinions are published together with thedecision.

Article 1331. Acceptance of complaints for judgement is

decided from a number of judges asdetermined by law.

2. The Constitutional Court decides with themajority of all its members.

Article 1341. 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.

2. The subjects provided for in subparagraphs f,g, h, i, and j of paragraph 1 of this articlemay make a request only for issues relatedwith their interests.

PART NINETHE COURTS

Article 1351. The judicial power is exercised by the High

Court, as well as the courts of appeal andcourts of first instance, which are establishedby law.

2. The Assembly may establish by law courtsfor particular fields, but in no case anextraordinary court.

Article 1361. The members of the High Court are

appointed by the President of the Republicwith the consent of the Assembly.

2. One of the members is appointed Chairmanfollowing the procedure contemplated byparagraph 1 of this article.

3. The Chairman and members of the HighCourt hold the office for 9 years without theright of re-appointment.

4. The other judges are appointed by thePresident of the Republic upon the proposalof the High Council of Justice.

5. Judges may only be citizens with higher legaleducation. The conditions and procedures forselection are defined by law.

Article 1371. A judge of the High Court may be criminally

prosecuted only with the approval of theAssembly.

2. A judge of the High Court may be detainedor arrested only if apprehended in the courseof committing a crime or immediately afterits commission. The competent organimmediately notifies the Constitutional Court.If the Constitutional Court does not consentwithin 24 hours to the sending of the arrestedjudge before a court, the competent organ isobliged to release him.

3. Other judges may be criminally prosecutedonly with the approval of the High Councilof Justice.

4. A judge may be detained or arrested only ifapprehended in the course of committing acrime or immediately after its commission.The competent organ immediately notifiesthe High Council of Justice. If the HighCouncil of Justice does not consent within24 hours to the sending of the arrested judgebefore a court, the competent organ is obligedto release him.

Article 138The time a judge stays on duty cannot be limited;their pay and other benefits cannot be lowered.

Article 1391. 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;

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e. is declared incompetent to act with a finaljudicial decision.

2. The end of the term of a judge is declaredwith a decision of the High Court.

Article 140A judge of the High Court may be discharged bythe Assembly with two-thirds of all its membersfor violation of the Constitution, commission of acrime, mental or physical incapacity, or acts andbehavior that seriously discredit the position andimage of a judge. The decision of the Assembly isreviewed by the Constitutional Court, which, uponverification of the existence of one of thesegrounds, declares his discharge from duty.

Article 1411. The High Court has original and review

jurisdiction. It has original jurisdiction whenadjudicating criminal charges against thePresident of the Republic, the PrimeMinister, members of the Council ofMinisters, deputies, judges of the High Court,and judges of the Constitutional Court.

2. For a unification or change of judicialpractice, the High Court has the right to selectspecific judicial issues for examination in thejoint college.

Article 1421. 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 143Being a judge is not compatible with any otherstate, political or private activity.

Article 144The courts have a special budget, which theyadminister themselves. They propose their budgetaccording to law.

Article 1451. 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 proceedingsand send the issue to the Constitutional Court.Decisions of the Constitutional Court areobligatory for all courts.

3. Interference in the activity of the courts orthe judges entails liability according to law.

Article 1461. Judges give decisions in the name of the

Republic.2. In every case judicial decisions are announced

publicly.

Article 1471. The High Council of Justice consists of the

President of the Republic, the Chairman ofthe High Court, the Minister of Justice, 3members elected by the Assembly, and 9judges of all levels who are elected by theNational Judicial Conference. Electedmembers stay in office for 5 years, withoutthe right of immediate reelection.

2. The President of the Republic is theChairman of the High Council of Justice.

3. The High Council of Justice, with theproposal of the President, elects a vice-chairman from its ranks. The vice-chairmanorganizes the activity of the High Council ofJustice and chairs its meetings in the absenceof the President of the Republic.

4. The High Council of Justice decides on thetransfer of the judges as well as theirdisciplinary responsibility pursuant to law.

5. The transfer of judges may not be donewithout their consent, except when the needsof reorganization of the judicial systemdictate this.

6. A judge may be removed from office by theHigh Council of Justice for commission of acrime, mental or physical incapacity, acts andbehavior that seriously discredit the positionand image of a judge, or professionalinsufficiency. The judge has the right tocomplain against this decision to the HighCourt, which decides by joint colleges.

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PART TENTHE OFFICE OF THE PROSECUTOR

Article 1481. The office of the prosecutor exercises criminal

prosecution and represents the accusation incourt in the name of the state. The office ofthe prosecutor also performs other duties setby law.

2. Prosecutors are organized and operate nearthe judicial system as a centralized organ.

3. In the exercise of their powers, theprosecutors are subject to the Constitutionand the laws.

Article 1491. The General Prosecutor is appointed by the

President of the Republic with the consentof the Assembly.

2. The General Prosecutor may be dischargedby the President of the Republic upon theproposal of the Assembly for violations ofthe Constitution or serious violations of thelaw during the exercise of his duties, formental or physical incapacity, for acts andbehavior that seriously discredit the positionand reputation of the Prosecutor.

3. The other prosecutors are appointed anddischarged by the President of the Republicupon the proposal of the General Prosecutor.

4. The General Prosecutor informs the Assemblyfrom time to time on the status of criminality.

PART ELEVENREFERENDUM

Article 1501. The people, through 50 thousand citizens

who enjoy the right to vote, have the right toa referendum for the abrogation of a law, aswell as to request the President of theRepublic to hold a referendum about issuesof special importance.

2. The Assembly, upon the proposal of not lessthen one-fifth of the deputies or the Councilof Ministers, can decide that an issue or adraft law of special importance be presentedfor referendum.

3. Principles and procedures for holding areferendum, as well as its validity, areprovided by law.

Article 1511. 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 offundamental human rights and freedoms,budget, taxes, financial obligations of thestate, declaration and abrogation of the stateof emergency, declaration of war and peace,as well as amnesty, cannot be voted upon in areferendum.

3. A referendum upon the same issue cannot berepeated before 3 years have passed since itwas held.

Article 1521. The Constitutional Court reviews

preliminarily the constitutionality of theissues put for a referendum according toarticle 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 providedin paragraphs 1 and 2 of article 150, is notsubject to judgement in the ConstitutionalCourt.

3. The date of the referendum is set by thePresident of the Republic within 45 daysafter the promulgation of the positivedecision of the Constitutional Court or afterthe term within which the ConstitutionalCourt had to have expressed itself hasexpired. Referenda can be held only in oneday of the year.

PART TWELVECENTRAL ELECTION COMMISSION

Article 153The Central Election Commission is a permanentorgan that prepares, supervises, directs, and verifiesall aspects that have to do with elections andreferenda and declares their results.

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Article 1541. The Commission consists of 7 members who

are elected with a mandate of 7 years. Twomembers are elected by the Assembly, 2 bythe President of the Republic, and 3 othermembers by the High Council of Justice.

2. The membership of the Central ElectionCommission is renewed every three yearspursuant to the procedure established by law.

3. The membership in the Commission isincompatible with any other state and politicalactivity.

4. Electoral subjects appoint theirrepresentatives to the Commission. They donot have the right to vote.

5. A member of the Commission enjoys theimmunity of a member of the High Court.

6. The Commission has its own budget.

PART THIRTEENPUBLIC FINANCES

Article 155Fees, taxes and other financial obligations, nationaland local, reductions or exemptions of certaincategories of taxpayers from paying them as wellas the method of their collection are specified bylaw. In such cases, the law may not be givenretroactive effect.

Article 156The State can take and guarantee loans and financialcredits when so authorized by law.

Article 1571. 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 financialobligations as well as from other legalrevenues. It includes all state expenses.

3. Local organs define and collect taxes andother obligations as provided by law.

4. State and local organs are obliged to makepublic their revenues and expenses.

Article 1581. The Prime Minister, on behalf of the Council

of Ministers, presents to the Assembly the

draft law on the budget during the autumnsession, which cannot close withoutapproving it.

2. If the draft law is not approved until thebeginning of the next financial year, theCouncil of Ministers implements every monthone-twelfth of the budget of the previousyear, until the new budget is approved.

3. The Assembly approves the new budgetwithin three months from the last day of theprevious financial year, except whenextraordinary measures have been decided.

4. The Council of Ministers is obligated topresent to the Assembly a report about theimplementation of the budget and about thestate debt from the previous year.

5. The Assembly takes a final decision afterhaving also listened to the High State Controlreport.

Article 159Principles and procedures for drafting the draftbudget, as well as for implementing it are definedby law.

Article 1601. 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 approvingit.

3. Expenses foreseen in other laws cannot bereduced as long as these laws are in force.

Article 1611. The Central State Bank is the Bank of

Albania. It has the exclusive right to issueand circulate the Albanian money, toindependently implement monetary policy,and maintain and administer the exchangereserves of the Republic of Albania.

2. The Bank of Albania is directed by a council,which is chaired by the Governor. TheGovernor is elected by the Assembly for 7years, upon proposal of the President of theRepublic, with the right of reelection.

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PART FOURTEENTHE HIGH STATE CONTROL

Article 1621. 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 isappointed and dismissed by the Assemblyupon proposal of the President of theRepublic. He stays in office for 7 years, withthe right of reelection.

Article 163The High State Control supervises:

a. the economic activity of state institutionsand other state juridical persons;

b. the use and preservation of state fundsby the organs of central and localgovernment;

c. the economic activity of juridicalpersons, in which the state owns morethan half of the quotas or shares, orwhen their debts, credits and obligationsare guaranteed by the state.

Article 1641. 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 previousfinancial year before it is approved bythe Assembly;

c. information about the results of controlsany time it is asked by the Assembly.

2. The High State Control presents to theAssembly a yearly report on its activities.

Article 1651. The Head of the High State Control may be

invited to participate and speak in themeetings of the Council of Ministers whenquestions related to its functions arereviewed.

2. The Head of the High State Control has theimmunity of a member of the High Court.

PART FIFTEENARMED FORCES

Article 1661. The Albanian citizens have the duty to

participate in the defense of the Republic ofAlbania, as provided by law.

2. The citizen, who for reasons of consciencerefuses to serve with weapons in the armedforces, is obliged to perform an alternativeservice, as provided by law.

Article 1671. Military servicemen on active duty cannot be

chosen or nominated for other state dutiesnor participate in a party or political activity.

2. Members of the armed forces or persons whoperform an alternative service enjoy all theconstitutional rights and freedoms, apart fromcases when the law provides otherwise.

Article 1681. The Armed Forces of the Republic of

Albania are composed of the army, navy, andair force.

2. The President of the Republic is the GeneralCommander of the Armed Forces.

3. The National Security Council is an advisoryorgan of the President of the Republic.

Article 1691. The President of the Republic in peacetime

exercises the command of the Armed Forcesthrough the Prime Minister and Minister ofDefense.

2. The President of the Republic in wartimeappoints and dismisses the Commander ofthe Armed Forces upon proposal of thePrime Minister.

3. The President of the Republic, upon proposalof the Prime Minister, appoints and dismissesthe Chief of the General Staff, and upon theproposal of the Minister of Defense appointsand 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 ArmedForces, their subordination to constitutionalorgans, are defined by law.

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PART SIXTEENEXTRAORDINARY MEASURES

Article 1701. Extraordinary measures can be taken due to

a state of war, state of emergency, or naturaldisaster and last for as long as these statescontinue.

2. The principles for actions of public organs,as well as the extent of limitations on humanrights and freedoms during the existence ofsuch situations that require extraordinarymeasures, are defined by law.

3. The law must define the principles, the areas,and the manner of compensation for lossescaused as a result of the limitation of humanrights and freedoms during the period in whichextraordinary measures are taken.

4. Acts taken as a result of extraordinarymeasures must be in proportion with the levelof risk and must aim to re-establish theconditions for the normal functioning of thestate, as soon as possible.

5. During the situations that requireextraordinary measures to be taken, none ofthe following acts should be changed:Constitution, the law on the election of theAssembly and local government organs, aswell as the laws on extraordinary measures.

6. During the implementation period ofextraordinary measures, there may not beelections for local government organs, theremay not be a referendum, and a new Presidentof the Republic may not be elected. Theelections for the local government organs canbe held only in those places where theextraordinary measures are not implemented.

Article 1711. In case of armed aggression against the

Republic of Albania, the President of theRepublic upon request of the Council ofMinisters declares the state of war.

2. In case of external threat, or when a commondefense obligation derives from aninternational agreement, the Assembly, uponproposal of the President of the Republic,declares the state of war, decides the stateof general or partial mobilization ordemobilization.

Article 1721. In the case of paragraph 1 of article 171, the

President of the Republic presents to theAssembly the decree for establishing the stateof war within 48 hours from its signing,specifying the rights to be limited.

2. The Assembly takes immediately underreview and decides, with the majority of allits members, upon the decree of thePresident.

Article 1731. In case of danger to the constitutional order

and to public security, the Assembly, withrequest of the Council of Ministers, maydecide for a state of emergency in one part orin the whole state territory, which lasts for aslong as this danger continues, but not longerthan 60 days.

2. Upon establishment of the state ofemergency, the intervention of armed forcesis done with a decision of the Assembly andonly when police forces are not able to restoreorder.

3. The extension of the term of the state ofemergency may be done only with the consentof the Assembly, for each 30 days, for a periodof time not longer than 90 days.

Article 1741. For the prevention or the avoidance of the

consequences of natural disasters ortechnological accidents, the Council ofMinisters may decide for a period not longerthan 30 days, on the state of natural disasterin one part or in the whole territory of thestate.

2. The extension of the state of natural disastercan be done only with the consent of theAssembly.

Article 1751. During the state of war or state of emergency

the rights and freedoms contemplated byarticles: 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 belimited.

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2. During the state of natural disaster the rightsand freedoms contemplated by articles: 37;38; 41, paragraph 4; 49; 51 may be limited.

3. T he acts for declaring the state of war,emergency or natural disaster must specifythe rights and freedoms which are limitedaccording to paragraphs 1 and 2 of thisarticle.

Article 176When the Assembly cannot be convened duringthe state of war, the President of the Republic,with the proposal of the Council of Ministers, hasthe right to issue acts that have the force of thelaw, which have to be approved by the Assemblyin its first meeting.

PART SEVENTEENREVISION OF THE CONSTITUTION

Article 1771. Initiative for revision of the Constitution may

be undertaken by not less than one-fifth ofthe members of the Assembly.

2. No revision of the Constitution may beundertaken during the time when theextraordinary measures are taken.

3. The draft law is approved by not less thentwo-thirds of all members of the Assembly.

4. The Assembly may decide, with two-thirdsof all its members, that the draftconstitutional amendments be voted in areferendum. The draft law for the revisionof the Constitution enters into force afterratification by referendum, which takes placenot later than 60 days after its approval inthe Assembly.

5. The approved constitutional amendment isput to a referendum when this is required byone-fifth of the members of the Assembly.

6. The President of the Republic does not havethe right to return for review the lawapproved by the Assembly for revision ofthe Constitution.

7. The law approved by referendum is declaredby the President of the Republic and entersinto force on the date provided for in thislaw.

8. Revision of the Constitution for the sameissue cannot be done before a year from theday of the rejection of the draft law by theAssembly and 3 years from the day of itsrejection by the referendum.

PART EIGHTEENTRANSITORY AND FINAL

DISPOSITIONS

Article 1781. Laws and other normative acts approved

before the date this Constitution enters intoforce will be applied as long as they have notbeen abrogated.

2. The Council of Ministers presents to theAssembly draft laws necessary forimplementing this Constitution.

Article 1791. The mandate of the existing constitutional

organs with the entering into force of thisConstitution ends pursuant to the termscontemplated by Law No. 7491, dated29.4.1991, ?On the Main ConstitutionalProvisions? and its respective amendments.

2. The members of the Court of Cassationcontinue their activity as members of theHigh Court pursuant to their previousmandate.

3. The members of the High Council of Justiceelected from the ranks of the prosecutors arereplaced with new members elected by ageneral meeting of the judges.

4. The organs of local government continue theiractivity until their mandate terminates.

Article 1801. International agreements ratified by the

Republic of Albania before this Constitutionenters into force are considered ratifiedaccording to this Constitution.

2. The Council of Ministers presents to theConstitutional Court the internationalagreements which contain provisions thatcome in conflict with the Constitution.

Article 1811. The Assembly, within two to three years from

the date this Constitution enters into force,

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issues laws for the just resolution of differentissues related to expropriations andconfiscations done before the approval ofthis Constitution, guided by the criteria ofarticle 41.

2. Laws and other normative acts, adoptedbefore the date this Constitution enters intoforce, that relate to the expropriations andconfiscations shall be applied when they donot contradict it.

Article 182Law No. 7491, dated 29.4. 1991, “On the MainConstitutional Provisions” as well as the otherconstitutional laws are abrogated the day thisConstitution enters into force.

Article 183This Constitution enters into force with itspromulgation by the President of the Republic.

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