Constitution (1998) (excerpts)
Translation by Kathleen Imholz, Esq., Krenar Loloçi, Esq.,and ACCAPP
Constitution of Albania
(relevant part)
Approved by the Albanian Parliament
on 21 October 1998
Preamble
We, the people of Albania, proud and aware of our history, with responsibility for the future, and with faith in God and/or other universal values,
with determination to build a social and democratic state based on the rule of law, and to guarantee the fundamental human rights and freedoms,
with a spirit of tolerance 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,
with the 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 the highest values of humanity,
We establish this Constitution:
Part One--Basic Principles
Article 1
1. Albania is a parliamentary republic.
2. The Republic of Albania is a unitary and indivisible state.
3. Governance is based on a system of elections that are free, equal, general and periodic.
Article 2
1. Sovereignty in the Republic of Albania belongs to the people.
2. The people exercise sovereignty through their representatives or directly.
(…)
Article 9
1. Political parties are created freely. Their organization shall conform with democratic principles.
2. Political parties and other organizations, the programs and activity of which are based on totalitarian methods, which incite and support racial, religious, regional or ethnic hatred, which use violence to take power or influence state policies, as well as those with a secret character, are prohibited pursuant to the law.
3. The financial sources of parties as well as their expenses are always made public.
Part Two--The Fundamental Human Rights and Freedoms
Chapter II--Personal Rights and Freedoms
Article 22
1. Freedom of expression is guaranteed.
2. The freedom of the press, radio and television are guaranteed.
3. Prior censorship of a means of communication is prohibited.
4. The law may require the granting of authorization for the operation of radio or television stations.
Chapter III--Political Rights and Freedoms
Article 45
1. Every citizen who has reached the age of 18, even on the date of the elections, has the right to elect and to be elected.
2. Citizens who have been declared mentally incompetent by a final court decision do not have the right to elect.
3. Convicts that are serving a sentence that deprives them of freedom have only the right to elect.
4. The vote is personal, equal, free and secret.
Article 46
1. Everyone has the right to organize collectively for any lawful purpose.
2. The registration of organizations or societies in court is done according to the procedure provided by law.
3. Organizations or societies that pursue unconstitutional purposes are prohibited pursuant to law.
Article 47
1. Freedom of peaceful meetings and without arms, as well the participation in them is guaranteed.
2. Peaceful meetings in squares and places of public passage are held in conformity with the law.
Article 48
Everyone, by himself or together with others, may direct requests, complaints or comments to the public organs, which are obliged to answer in the time periods and conditions set by law.
Part Three--The Assembly
Chapter I--Election and Term
Article 64
1. The Assembly consists of 140 deputies. One-hundred deputies are elected directly in single-member electoral zones with an approximate number of voters. Forty deputies are elected from the multi-name lists of parties or party coalitions according to their respective order.
2. The total number of deputies of a party or a party coalition shall be, to the closest possible extent, proportional to the valid votes won by them on the national scale in the first round of elections.
3. Parties that receive less than 2.5 per cent, and party coalitions that receive less than 4 per cent, of the valid votes on the national scale in the first round of elections do not benefit from their respective multi-name lists.
Article 65
1. The Assembly is elected for four years.
2. Elections for the Assembly are held within 60 to 30 days before the end of the mandate and not later than 45 days after its dissolution.
3. The mandate of the Assembly continues until the first meeting of the new Assembly. In this interval, the Assembly may not issue laws or take decisions, except when extraordinary measures have been established.
Article 66
The mandate of the Assembly is extended only in the case of war and for so long as it continues. When the Assembly is dissolved, it recalls itself.
Article 67
1. The newly elected Assembly is called to its first meeting by the President of the Republic no later than 20 days from the conclusion of the elections.
2. If the President of the Republic does not exercise this power, the Assembly must convene itself within 10 days from the end of the term provided in paragraph 1 of this article.
Chapter II--The Deputies
Article 68
1. Candidates for deputy may be presented only by political parties, coalitions of parties, and voters.
2. The rules for the designation of candidates for deputy, for the organization and conduct of the elections, as well as the definition of electoral zones and the conditions of validity for elections, are regulated by the electoral law.
Article 69
1. Without resigning from duty, the following may not run as candidates nor be elected deputies:
a) judges, prosecutors;
b) military servicemen on active duty;
c) staff of the police and of National Security;
d) diplomatic representatives;
e) chairmen of municipalities and communes as well as prefects in the places where they carry out their duties;
f) chairmen and members of the electoral commissions;
g) the President of the Republic and the high officials of the state Administration contemplated by law.
2. A mandate gained in violation of paragraph 1 of this article is invalid.
Article 70
1. Deputies represent the people and are not bound by any obligatory mandate.
2. Deputies may not simultaneously exercise any other public duty with the exception of that of a member of the Council of Ministers. Other cases of incompatibility are specified by law.
3. Deputies may not carry out any profit-making activity that stems from the property of the state or of local government, nor may they acquire their property.
4. For every violation of paragraph 3 of this article, on the motion of the chairman of the Assembly or one-tenth of its members, the Assembly decides on sending the issue to the Constitutional Court, which determines the incompatibility.
Article 71
1. The mandate of the deputy begins on the day when he is declared elected by the respective electoral commission.
2. The mandate of the deputy ends or is invalid, as the case may be:
a) when he does not take the oath;
b) when he resigns from the mandate;
c) when one of the conditions of inelectability contemplated in articles 69, and 70, paragraphs 2 and 3 is ascertained;
d) when the mandate of the Assembly ends;
e) when he is absent for more than six consecutive months in the Assembly without reason.
f) when he is convicted by a final court decision for commitment of a crime.
Article 72
Before beginning the exercise of the mandate, the deputies take the oath in the Assembly.
Article 73
1. A deputy does not bear responsibility for opinions expressed in the Assembly and votes given. This provision is not applicable in the case of defamation.
2. A deputy may not be criminally prosecuted without the authorization of the Assembly. Authorization is also required when he is to be arrested.
3. A deputy may be detained or arrested without authorization when he is apprehended during or immediately after the commission of a serious crime. In these cases, the General Prosecutor immediately notifies the Assembly, which, when it determines that the proceeding is misplaced, decides to lift the measure.
4. For issues contemplated in paragraphs 2 and 3, the Assembly decides by secret vote.
Chapter IV--The Legislative Process
Article 81
1. The Council of Ministers, every deputy, and 20,000 electors each have the right to propose laws.
Part Four--The President of the Republic
Article 86
1. The President of the Republic is the Head of State and represents the unity of the people.
2. Only an Albanian citizen by birth who has been a resident in Albania for not less than the past 10 years and who has reached the age of 40 may be elected President.
Article 87
1. A candidate for President is proposed to the Assembly by a group of not less than 20 of its members. A member is not permitted to take part in more than one proposing group.
2. The President of the Republic is elected by secret vote and without debate by the Assembly by a majority of three-fifths of all its members.
3. When this majority is not reached in the first voting, a second voting takes place within 7 days from the day of the first voting.
4. When this majority is not reached even in the second voting, a third voting takes place within 7 days.
5. When there is more than one candidate and none of them has received the required majority, within 7 days, a fourth voting takes place between the two candidates who have received the greatest number of votes.
6. If even in the fourth voting neither of the two candidates has received the required majority, a fifth one takes place.
7. If even in the fifth voting neither of the two candidates has received the required majority, the Assembly is dissolved and new general elections take place within 60 days.
8. The new Assembly elects the President pursuant to the procedure contemplated by paragraphs 1 to 7 of this article. If even the new Assembly does not elect the President, the Assembly is dissolved and new general elections take place within 60 days.
9. The subsequent Assembly elects the President of the Republic by a majority of all its members.
Article 88
1. The President of the Republic is in every case elected for 5 years, with the right of reelection only once.
2. The procedure for the election of the President begins no later than 30 days before the end of the previous presidential mandate.
3. The President begins his duties after he takes the oath before the Assembly, but not before the mandate of the President who is leaving has been completed. The President swears as follows:
"I swear that I will obey to the Constitution and laws of the country, that I will respect the rights and freedoms of citizens, protect the independence of the Republic, and I will serve the general interest and the progress of the Albanian People." The President may add: "So help me God!"
4. A President who resigns before the end of his mandate may not be a candidate in the presidential election that takes place after his resignation.
Article 89
The President of the Republic may not hold any other public duty, may not be a member of a party or carry out other private activity.
Article 90
1. The President of the Republic is not responsible for acts carried out in the exercise of his duty.
2. The President of the Republic may be discharged for serious violations of the Constitution and for the commission of a serious crime. In these cases, a proposal for the discharge of the President may be made by not less than one-fourth of the members of the Assembly and must be supported by not less than two-thirds of all its members.
3. The decision of the Assembly is sent to the Constitutional Court, which, when it verifies the guilt of the President of the Republic, declares his discharge from duty.
Article 91
1. When the President of the Republic is temporarily unable to exercise his functions or his place remains vacant, the Chairman of the Assembly takes his place and exercises his powers.
2. In case the President cannot exercise his duty for more than 60 days, the Assembly by two-thirds of all its members decides on sending the issue to the Constitutional Court, which verifies conclusively the fact of his incapacity. In case of verification of incapacity, the place of the President remains vacant and the election of the new President begins within 10 days from the date of verification of incapacity.
Article 92
The President also exercises these powers:
k) sets the date of the elections for the Assembly, for the organs of local power and for the conduct of referenda;
Part Six--Local Government
Article 108
1. The units of local government are communes or municipalities and regions. Other units of local government are regulated by law.
2. The territorial-administrative division of the units of local government are established by law on the basis of mutual economic needs and interests and historical tradition. Their borders may not be changed without first taking the opinion of the inhabitants.
3. Communes and municipalities are the basic units of local government. They perform all the duties of self-government, with the exception of those that the law gives to other units of local government.
4. Self-government in the local units is exercised through their representative organs and local referenda. The principles and procedures for the organization of local referenda are provided by law in accordance with article 151, paragraph 2.
Article 109
1. The representative organs of the basic units of local government are councils that are elected every three years by general direct elections and with secret voting.
2. The executive organ of a municipality or commune is the Chairman, who is elected directly by the people in the manner contemplated in paragraph 1 of this article.
3. Only citizens who have a permanent residence in the territory of the respective local entity have the right to be elected to the local councils and as chairman of the municipality or commune.
4. The organs of local government units have the right to form unions and joint institutions with one another for the representation of their interests, to cooperate with local units of other countries, and also to be represented in international organizations of local powers.
Part Eight--Constitutional Court
Article 131
The Constitutional Court decides on:
e) constitutionality of the parties and other political organizations, as well as their activity, according to article 9 of this Constitution;
f) dismissal from duty of the President of the Republic and verification of the impossibility for him to exercise his functions;
g) issues related with the election and incompatibility in exercising the functions of the President of the Republic and of the deputies, as well as the verification of their election;
h) constitutionality of the referendum and verification of its results;
i) final adjudication of the individual complaints for the violation of their constitutional rights to due process of law, after all legal means for the protection of those rights have been exhausted.
Part Eleven--Referendum
Article 150
1. The people, through 50 thousand citizens who enjoy the right to vote, have the right to a referendum for the abrogation of a law, as well as to request the President of the Republic to hold a referendum about issues of special importance.
2. The Assembly, upon the proposal of not less then one-fifth of the deputies or the Council of Ministers, can decide that an issue or a draft law of special importance be presented for referendum.
3. Principles and procedures for holding a referendum, as well as its validity, are provided by law.
Article 151
1. A law approved by referendum is promulgated by the President of the Republic.
2. Issues related to the territorial integrity of the Republic of Albania, limitations of fundamental human rights and freedoms, budget, taxes, financial obligations of the state, declaration and abrogation of the state of emergency, declaration of war and peace, as well as amnesty, cannot be voted upon in a referendum.
3. A referendum upon the same issue cannot be repeated before 3 years have passed since it was held.
Article 152
1. The Constitutional Court reviews preliminarily the constitutionality of the issues put for a referendum according to article 150, paragraphs 1 and 2, Article 151, paragraphs 2 and 3, as well as article 177, paragraphs 4 and 5, within 60 days.
2. The importance of special issues, as provided in paragraphs 1 and 2 of article 150, is not subject to judgement in the Constitutional Court.
3. The date of the referendum is set by the President of the Republic within 45 days after the promulgation of the positive decision of the Constitutional Court or after the term within which the Constitutional Court had to have expressed itself has expired. Referenda can be held only in one day of the year.
Part Twelve--Central Election Commission
Article 153
The Central Election Commission is a permanent organ that prepares, supervises, directs, and verifies all aspects that have to do with elections and referenda and declares their results.
Article 154
1. The Commission consists of 7 members who are elected with a mandate of 7 years. Two members are elected by the Assembly, 2 by the President of the Republic, and 3 other members by the High Council of Justice.
2. The membership of the Central Election Commission is renewed every three years pursuant to the procedure established by law.
3. The membership in the Commission is incompatible with any other state and political activity.
4. Electoral subjects appoint their representatives to the Commission. They do not have the right to vote.
5. A member of the Commission enjoys the immunity of a member of the High Court.
6. The Commission has its own budget.
Part Seventeen--Revision of the Constitution
Article 177
1. Initiative for revision of the Constitution may be undertaken by not less than one-fifth of the members of the Assembly.
2. No revision of the Constitution may be undertaken during the time when the extraordinary measures are taken.
3. The draft law is approved by not less then two-thirds of all members of the Assembly.
4. The Assembly may decide, with two-thirds of all its members, that the draft constitutional amendments be voted in a referendum. The draft law for the revision of the Constitution enters into force after ratification by referendum, which takes place not later than 60 days after its approval in the Assembly.
5. The approved constitutional amendment is put to a referendum when this is required by one-fifth of the members of the Assembly.
6. The President of the Republic does not have the right to return for review the law approved by the Assembly for revision of the Constitution.
7. The law approved by referendum is declared by the President of the Republic and enters into force on the date provided for in this law.
8. Revision of the Constitution for the same issue cannot be done before a year from the day of the rejection of the draft law by the Assembly and 3 years from the day of its rejection by the referendum.