Constitutionof theRepublic Of Albania
Adopted on 29
April
1991
CHAPTER IGeneral Provisions
ARTICLE 1Republic,
Sovereignty
Albania is a parliamentary
republic. National sovereignty stems from the people and belongs to
them.
ARTICLE 2Foundations
(1) The Republic of Albania
is a juridical and democratic state.cralaw:red
(2) Man's dignity, his rights
and freedoms, free development of his personality as well as the
constitutional
order, equality before the law, social justice, and pluralism are the
foundations
of this state, whose duty is to observe and defend them.
ARTICLE 3Division of
Powers,
Representation, Rule of Law
(1) The fundamental principle
of state organization is the division of the legislative, executive,
and
judicial power.cralaw:red
(2) The people exercise their
power through their representative organs and referendum as well.cralaw:red
(3) The representative organs
are elected by free, general, equal, direct, and secret ballot.cralaw:red
(4) State activity is exercised
only by the state organs recognized by law.
ARTICLE 4Human Rights,
Minorities
The Republic of Albania recognizes
and guarantees the fundamental human rights and freedoms, those of
national
minorities, admitted in the international documents.
ARTICLE 5Powers
(1) The legislative power
belongs to the People's Assembly of the Republic of Albania.cralaw:red
(2) The head of the state
is the president of the Republic elected by the People's Assembly.cralaw:red
(3) The rights and duties
of the president are set by this law.cralaw:red
(4) The supreme organ of
the executive power is the Council of Ministers.cralaw:red
(5) The rights and duties
of the Council of Ministers are set by this law.cralaw:red
(6) The judicial power is
exercised by courts which are independent and are guided only by law.
ARTICLE 6Pluralism,
Political
Parties
(1) Political pluralism is
one of the fundamental conditions of democracy in the Albanian state.cralaw:red
(2) The political parties
and other organizations are created and exercise their activity
according
to the law. They are fully separated from the state.cralaw:red
(3) It is prohibited the
activity of political parties in military units and institutions of the
Ministry of Defence and the Minister of the Interior, the Ministry for
Foreign Affairs and diplomatic representations abroad, the attorney's
offices,
investigation offices, courts, etc. The departization and
depoliticization
of organs is achieved by law.
ARTICLE 7Secular State,
Religion
(1) The Republic of Albania
is a secular state.cralaw:red
(2) The state observes the
freedom of religious belief and creates conditions to exercise it.
ARTICLE 8International
Law,
Equality
(1) The legislation of the
Republic of Albania considers, recognizes, and observes the principles
and norms of the international law generally accepted.cralaw:red
(2) The strict and similar
application of juridical norms is compulsory for all state organs,
political
parties, other organizations, employees as well as for other physical
and
juridical persons.cralaw:red
(3) All the citizens are
equal to the law.
ARTICLE 9Foreign
Relations,
Albanians Abroad
(1) Concerning the relations
with foreign countries, the Republic of Albania defends the national
independence
and interests and pursues the policy of cooperation and good
neighborliness,
international peace, and security.cralaw:red
(2) The Republic of Albania
takes care of the recognition and observation of the national and
democratic
rights of the Albanians residing outside the state borders of the
Republic.
ARTICLE 10Economy
(1) The country's economy
is based on the diversity of ownership, free initiative of all economic
subjects, and the regulatory role of the state.cralaw:red
(2) Economic initiative of
juridical and physical persons cannot develop contrary to the social
interest
and should not impair the security, freedom, and dignity of man.
ARTICLE 11Property
(1) The State, juridical,
and physical persons have the right to ownership.cralaw:red
(2) All kinds of ownership
are equally defended by law.cralaw:red
(3) The assets which are
objects of the state property are set by law.
ARTICLE 12Property for
Foreigners
(1) The foreign juridical
and physical persons may gain the right to ownership under the
conditions
foreseen and guaranteed by law.cralaw:red
(2) The foreign physical
and juridical person are guaranteed the right to carry out independent
economic activity, to invest at home, to form joint ventures and their
own under the circumstances set by law. They are also guaranteed the
right
to transfer profits.
ARTICLE 13Taxation
(1) It is compulsory for
juridical and physical persons to contribute to carry the state
expenditure
in relation to their income.cralaw:red
(2) No tax or levy can be
established, but by law.
ARTICLE 14Unions
The trade unions recognized
by law are juridical persons and may sign collective working contracts
with the public or private subjects. The way of reaching contracts is
defined
by law.
CHAPTER IIThe Supreme Organs
of
State PowerPartAThe People's
AssemblyARTICLE 15Legislative Power
(1) The People's Assembly
is the highest organ of state power and the only law-making organ.cralaw:red
(2) The People's Assembly
exerts sovereignty in the name of the people and State, in the forms
and
boundaries foreseen by this law.
ARTICLE 16Competences
The People's Assembly has
the following main competences:
1. It defines the main directions
of internal and foreign policy of the state.cralaw:red
2. It approves and changes
the Constitution and the laws, decides definitely upon the
reconciliation
of the laws with the Constitution, and makes their interpretation.cralaw:red
3. It approves the economic
and social draft programs of the country's development and the
synthetic
indices, as well as the state budget.cralaw:red
4. It decides on the partial
and general mobilization, the state of emergency, and the state of war
in case of armed aggression against the Republic of Albania or when
this
is necessary to fulfill obligations deriving from the international
treaties.cralaw:red
5. It ratifies and denounces:
the treaties of political character; the treaties or agreements of
military
character; the treaties or agreements which have to do with the borders
of the Republic of Albania; the treaties or agreements which have to do
with the fundamental rights and duties of the citizens; the treaties
from
which derive financial obligations for the state; treaties of
agreements
leading to changes to the legislation; treaties and other agreements
which
foresee that their ratification or denunciation be done by the People's
Assembly.cralaw:red
6. It grants amnesty.cralaw:red
7. It decides on people's
referendums.cralaw:red
8. It elects and discharges
the president of the Republic of Albania.cralaw:red
9. It elects, appoints, and
discharges the Supreme Court, the attorney general, and his substitutes.cralaw:red
10. It controls the activity
of the Council of Ministers and the attorney's general office.cralaw:red
11. It controls the activity
of RTV, ATA, and other official media of public information, depending
on it. The status of these organs is set by law.cralaw:red
12. It defines the administrative-territorial
structure of the country.cralaw:red
13. It decides on the creation
or dissolution of the ministries or other organs equal to them.
ARTICLE 17Election, Term
(1) The People's Assembly
is made up of 250 deputies. The People's Assembly is elected for a 4
year
period.cralaw:red
(2) The People's Assembly
convenes the first session no later than two months from the day it is
elected.cralaw:red
(3) The elections to the
People's Assembly are held no later than 3 months from the day its
mandate
expires.cralaw:red
(4) In case of war or state
of emergency the People's Assembly can prolong its activity beyond the
fixed limit as long as the war or the state of emergency continues.
ARTICLE 18Presidency,
Organization
(1) The People's Assembly
elects its Presidency, which is made up of the chairman and two deputy
chairmen.cralaw:red
(2) The activity of the People's
Assembly and its Presidency is conducted according to the regulation it
has adopted.
ARTICLE 19Sessions
(1) The People's Assembly
convenes its sessions no less than 4 times a year.cralaw:red
(2) The sessions of the People's
Assembly convene on the decision of its Presidency. The Presidency
convenes
the session of the People's Assembly when this is also required by the
president of the Republic, the Council of Ministers, or by one fourth
of
the deputies.cralaw:red
(3) The meetings of the People's
Assembly start when the majority of the deputies is present.cralaw:red
(4) The meetings of the People's
Assembly are open, except in special cases when the People's Assembly
decides
otherwise.
ARTICLE 20Commissions
(1) The People's Assembly
elects from its ranks permanent and temporary Commissions.cralaw:red
(2) In its first session
the People's Assembly elects a commission to examine the mandates of
the
deputies. At the proposal of this Commission, the People's Assembly
confirms
or annuls the mandates of the deputies.cralaw:red
(3) It is incumbent upon
the permanent Commissions to examine the draft laws and normative
decrees
of the president of the Republic, to follow and control the activity of
the ministries and other state organs according to the respective
sectors,
and to forward problems to the People's Assembly or the Council of
Ministers.
The temporary Commissions are created for certain questions.
ARTICLE 21Duties of
Deputies
It is the duty of the deputy
to the People's Assembly in his activity to serve the people and
homeland
conscientiously. The rights and duties of the deputy are defined by law.
ARTICLE 22Immunity,
Information,
Indemnity
(1) The deputy to the People's
Assembly enjoys immunity.cralaw:red
(2) The deputy cannot be
prevented from accomplishing his duties and obtaining the data which
are
not state secret.cralaw:red
(3) The deputy cannot be
controlled, detained, arrested, or penally prosecuted without the
consent
of the People's Assembly. The deputy may be detained without the
consent
of the People's Assembly only in cases when he commits an apparent and
grave crime.cralaw:red
(4) The deputy has no legal
responsibility for the acts he makes and the stands he adopts while
performing
his duty as deputy or for the vote he casts.
ARTICLE 23
(1) The law-making initiative
belongs to the president of the Republic, the Council of Ministers, to
every deputy, as well as to a group of 20,000 nationals enjoying the
right
of voting.cralaw:red
(2) The laws and other acts
of the People's Assembly besides the constitutional ones, are
considered
approved, when voted by the majority of the present deputies, but no
less
than one third of deputies.cralaw:red
(3) The laws are declared
no later than 15 days following the approval and enter into force 15
days
after being published in the official gazette, except for the cases
when
foreseen differently by the laws as well as the cases of organic laws.
PartBThe President of
the
Republic of AlbaniaARTICLE 24Head of State,
Representation
The president of the Republic
of Albania is the head of state and represents the whole unity of the
people.
ARTICLE 25Election
(1) The president of the
Republic of Albania is elected by the People's Assembly having no less
than two candidates for 5 years, by a secret ballot, and by a
two-thirds
majority of the votes of all the deputies. In case the required
majority
is not ensured in the first ballot, a second voting is held in which
the
president of the Republic is elected by the absolute majority all the
deputies'
votes.cralaw:red
(2) The candidate for president
is proposed to the People's Assembly by a group of no less than 30
deputies.cralaw:red
(3) In case there are more
than two candidates for the post of the president of the Republic, in
the
second voting the two candidates that have won the greatest number of
votes
in the first voting have the right to be put up. The candidate that
wins
the absolute majority of all the deputies' votes is considered elected.
ARTICLE 26Eligibility,
Incompatibility
(1) As President of the Republic
may be elected every Albanian national who has reached the age of 40
and
fulfills the conditions to be elected as deputy.cralaw:red
(2) The president of the
Republic, after being elected by the People's Assembly, takes the oath
before it.cralaw:red
(3) The election of the president
of the Republic is conducted no later than 30 days before the mandate
of
the former president of the Republic expires.cralaw:red
(4) The same person cannot
be elected president of the Republic more than twice in succession.cralaw:red
(5) In case the president
is elected from among the ranks of the deputies, he gives up the
mandate
of the deputy.cralaw:red
(6) The function of the president
is irreconcilable with any other function, besides those foreseen by
this
law.
ARTICLE 27Discharge
The president of the Republic
is discharged or released before the expiry of his mandate only when:
a) He has committed the
crime of betrayal to the homeland or has violated this law.
b) His health
condition prevents
him from performing the duties.
c) He has put up his
resignation
on his free will.
ARTICLE 28Competences
The following are the main
competences of the president of the Republic:
1. He guarantees the
observation
of this law, other laws, and rights and freedoms of citizens.
2. He convenes the
first
session of the new legislature of the People's Assembly.
3. He fixes the date
of elections
to the People's Assembly and local power organs.
4. He declares the
laws and
referendums decided upon by the People's Assembly.
5. He enjoys the
right, within
15 days since the approval of the law by the People's Assembly, to put
it up for reexamination by the People's Assembly only once.
6. He appoints the
chairman
of the Council of Ministers and accepts his resignation.
7. Upon the proposal
of the
chairman of the Council of Ministers, between the two sessions of the
People's
Assembly, he appoints, discharges, or releases separate members of the
government. The president of the Republic submits this decree for
approval
to the People's Assembly in its nearest meeting.
8. He appoints and
discharges
upon the proposal of the chairman of the Council of Ministers leaders
of
other central institutions.
9. Having the opinion
of
the chairman of the Council of Ministers and the chairman of the
Presidency
of the People's Assembly, he may dissolve the People's Assembly prior
to
the expiry of the legislature, when its composition does not allow the
performance of the functions of the assembly itself and makes
impossible
the country's running. On this occasion, the elections to the People's
Assembly are held again no later than 45 days since the day of
dissolution.
The president cannot exercise this competence over the last six month
period
of his mandate.
10. He signs
international
treaties, ratifies and denounces those not examined by the People's
Assembly
itself.
11. He appoints and
discharges
the diplomatic representatives upon the proposal of the chairman of the
Council of Ministers.
12. He accepts the
credentials
and letters of call of the diplomatic representatives of foreign states.
13. He endorses the
requirements
for granting or casting off Albanian nationality.
14. He exercises the
right
of pardon.
15. He awards
decorations
and honorable titles.
16. He grants the
right for
political asylum.
17. When it is
impossible
for the People's Assembly to convene, he declares the partial and
general
mobilization as well as the state of emergency. In such cases the
declaration
is submitted for approval to the People's Assembly within five days.
18. When the
convocation
of the People's Assembly is impossible, he declares the state of war in
case of armed aggression against the Republic of Albania.
19. He issues decrees
of
individual character and decisions, and in urgent cases issues even
decrees
of normative character, which are submitted for approval to the
People's
Assembly in its nearest session.
ARTICLE 29Enforcing
Presidential
Acts
The acts issued by the president
of the Republic on the extension of competences foreseen in the items
10,
11 and 19 of ARTICLE 28, assume juridical power and are countersigned,
accordingly, by the chairman of the Council of Ministers or by the
respective
minister or the persons equalled with them.
ARTICLE 30Vacancy
(1) When the seat of the
president of the Republic is vacant for any reason whatsoever, his
competences
are exercised temporarily by the chairman of the Presidency of the
People's
Assembly, excluding those foreseen in the items 5, 6, 7, 9 and 19 of ARTICLE
28.cralaw:red
(2) The election of the president
of the Republic takes place not later than 15 days from the day when
the
seat of the president has remained vacant.
ARTICLE 31Liability
(1) The president of the
Republic does not respond for the acts committed during his function,
the
cases of treason to the homeland or violation of this law excluded.cralaw:red
(2) In such cases, the question
of responsibility might be discussed at the People's Assembly at the
request
of no less than one fourth of the deputies. The respective decision is
adopted by secret ballot with a majority of two thirds of the deputies.
ARTICLE 32Armed Forces,
Council
of Defence
(1) The president of the
Republic of Albania is general commander of the Armed Forces and
chairman
of the Council of Defence.cralaw:red
(2) The Council of Defence
is created to direct, organize, and mobilize all the forces and the
country's
resources for the defence of the homeland.cralaw:red
(3) The composition of the
Council of Defence is assigned by the People's Assembly on the proposal
of the chairman of the Council of Defence.
CHAPTER IIISupreme Organs of
State
AdministrationARTICLE 33Council of
Ministers
(1) The Council of Ministers
is the highest executive and legislative organ.cralaw:red
(2) The Council of Ministers
is assigned in the first session of the People's Assembly.cralaw:red
(3) The president of the
Republic assigns the chairman of the Council of Ministers and upon the
proposal of the latter the ministers too.cralaw:red
(4) The composition of the
government and its program are adopted by the People's Assembly with
majority
of votes, within 5 days from the date it is submitted.cralaw:red
(5) In case he does not get
the vote of confidence, the chairman of the Council of Ministers
immediately
submits his resignation to the president of the Republic, who assigns
the
new chairman of the Council of Ministers.cralaw:red
(6) Before resuming the functions,
the chairman of the Council of Ministers and the ministers swear before
the president of the Republic.
ARTICLE 34Vote of No
Confidence
(1) The deputies enjoy the
right to forward at any time a lack of confidence motion towards the
Council
of Ministers or its separate members. The lack of confidence motion
should
be signed by at least one tenth of the deputies and can be examined by
the People's Assembly only after three days of its presentation.cralaw:red
(2) Non-approval by the People's
Assembly of a proposal forwarded by the government does not necessarily
bring about the compulsory resignation of the government.
ARTICLE 35Composition
(1) The Council of Ministers
is made of: the chairman, vice-chairmen, the ministers, and other
persons
defined by law.cralaw:red
(2) Any Albanian citizen
residing permanently in the Republic of Albania and enjoying the right
to be elected might be in the composition of the Council of Ministers.cralaw:red
(3) The members of the Council
of Ministers should not have, except for the mandate of the deputy, any
other state or professional function and should not take part in
leading
organisms of economic and trade organizations.cralaw:red
(4) The member of the Council
of Ministers may leave his seat vacant even when he does not ensure the
vote of confidence or when he resigns. The Council of Ministers is a
collegial
organ. Decisions are adopted when approved by the absolute majority of
its members.cralaw:red
(5) The ministers respond
collegially for the acts of the Council of Ministers and individually
for
acts of their institutions.cralaw:red
(6) The composition, attributes,
and organization of the Council of Ministers are arranged by law.
ARTICLE 36Competences
The Council of Ministers
has the following main competences:
1. Directing the
activity
for the realization of the domestic and foreign policy of the state.
2. Issuing the
decisions,
ordinances, and instructions in compliance with the Constitution and
laws
and on their implementation. They are signed by the chairman of the
Council
of Ministers and, when having a normative character, are published in
the
official gazette, excluding separate cases foreseen by law.
3. Guiding and
controlling
the activity of ministries and other central organs of the state
administration.
Coordinating and monitoring the activity of local organs of
administration
ensuring the compulsory and similar implementation of the laws and acts
of the government.
4. Directing the
activity
for the fulfillment of the tasks in the field of the country's defence,
conforming to the decisions of the Council of Defence.
5. Adopting measures
on security,
the preservation and strengthening of juridical order, and of the
citizens'
rights.
6. Reaching
international
agreements, adopting and denouncing those that are not subjected to
ratification.
7. Working out
economic and
social programs of the country's developments and the synthetic
economic
indices, the state budget, pursuing and controlling their
implementation,
coordinating, disciplining and controlling the state finances and the
monetary
and credit system.
8. Making the
division or
unification of the administrative-territorial units.
9. Adopting measures
to ensure
the protection of the environment, the suitable working conditions, and
the protection of the citizens' health.
ARTICLE 37Invalidation of
Illegitimate
Acts
The Council of Ministers
invalidates the illegitimate acts of the ministries and other central
organs
of state administration.
ARTICLE 38Presidency
(1) The chairman and the
vice-chairmen of the Council of Ministers constitute the Presidency of
the Council of Ministers.cralaw:red
(2) By the decision of the
Council of Ministers, the Presidency may be charged to examine and
solve
various questions under its competences.cralaw:red
(3) The chairman of the Council
of Ministers represents the Council of Ministers, presides over its
meetings,
directs its general activity and responds for it, ensures the unity of
political and administrative management of the government, and
coordinates
the affairs of the ministries and other central institutions.
ARTICLE 39Ministers,
Ministerial
Orders
(1) The ministers and other
persons equalled with them, direct the ministries and the other central
institutions in certain branches of the respective ministries.cralaw:red
(2) The ministers bear responsibility
for the activity of respective ministries.cralaw:red
(3) The ministers, on questions
under their competences, issue orders, regulations, and instructions
based
on the laws and ordinances and decisions of the Council of Ministers
and
on their implementation. The acts of ministers of normative character
are
issued in the official gazette, special cases foreseen by law excluded.
ARTICLE 40Abrogation of
Unlawful
Orders
The ministers abrogate unlawful
orders and instructions of the subordinate organs, enterprises, and
institutions.
ARTICLE 41Responsibility
The members of the Council
of Ministers respond penally to the violation of this law as well as of
other laws related to the exercise of their function. The penal
prosecution
is approved by the People's Assembly.
CHAPTER IVFinal ProvisionsARTICLE 42Local
Administration,
Investigator
(1) The creation, organization,
and activity of the local organs of power, administration, courts, and
attorney-general are made according to certain regulations with
existing
legal provisions, excluding those that run contrary to this law.cralaw:red
(2) The investigator's office
depends administratively on the minister of justice.
ARTICLE 43Amendment
(1) The drafts for amendments
to this law might be forwarded by the president of the Republic of
Albania,
the Council of Ministers, or one fourth of all the deputies.cralaw:red
(2) The adoption of amendments
is done by the People's Assembly with a majority of two thirds of all
the
deputies.
ARTICLE 44Constitution,
Constitutional
Commission
(1) The provisions of this
law operate till the adoption of the Constitution of the Republic of
Albania,
whose draft will be worked out by the special commission charged by the
People's Assembly.cralaw:red
(2) The composition of the
commission and the schedule of the presentation of the
draft-constitution
is defined by special decision of the People's Assembly.
ARTICLE 45Invalidation of
1976
Constitution
The Constitution of the People's
Socialist Republic of Albania, adopted on 28 December 1976, as well as
its later amendments are invalidated.
ARTICLE 46Entering Into
Force
This law enters into force
immediately.
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