DRAFT CONSTITUTION OF THE REPUBLIC OF ALBANIA - November 1994


PART FOUR -- THE ORGANIZATION OF JUSTICE AND THE CONSTITUTIONAL COURT

THE JUDICIAL SYSTEM

Article 100

1. The judicial power is independent. It is exercised by the Supreme Court and by other courts specified by law.
2. Judges are subject only to Constitution and laws in the exercise of their duties.
3. The organization and competencies of the courts shall be regulated by low.
4. The pay and benefits of judges not be lowered.

Article 101

Prohibition of Special Courts

Parliament may create courts for particular

Fields, but in no case for specific questions.

Article 102

The Supreme Court

1. the Supreme Court is the highest judicial authority. It consists of 9 judges. The chairman and members of the Supreme Court are elected by the parliament on the proposal of the President of the Republic.
2. The conditions for being elected a number of the Supreme Court shall be set by law.
3. The Chairman of the Supreme Court holds his position for years with the right of re-election only once. He is replaced by the above procedure by one of the members.
4. Judges of the Supreme Court may be removed from duty and penally prosecuted in the conditions contemplated by law on the basis of a reasoned decision of Parliament on the proposal of the President of the Republic and when a majority of all members of Parliament have voted for this.

Article 103

In questions connected with the fundamental human rights and freedoms, judges may apply the constitutional provisions directly. These questions shall obligatorily be examined by the Supreme Court, which decides by a majority of all its members.

Article 104

Reasoning of Judicial Decisions

1. Judicial decision must be reasoned.
2. The Supreme Court must publish its decisions.

Article 105

Immunity of Judges

1. Judges may be prosecuted penally or removed from o by decision of the High Council of Justice, under conditions provide by law.
2. They right of appeal to the supreme Court.

OFFICE OF THE PROSECUTOR

Article 106

Role and Juridical position of the office of the Prosecutor

1. The office of the prosecutor is the authority that exercises penal prosecution in the investigative stage and in court.
2. The office of the prosecutor is organized and functions as a unitary and centralized organ.
3. In the exercise of their competencies prosecutors are subject to the law.

Article 107

The General Prosecutor and his Deputies

1. The General Prosecutor and his deputies are elected and discharged from office by Parliament, on Proposal of the President of the Republic.
2. The organization and other competencies of the office of the prosecutor shall be regulated by law.
3. The directors of the prosecutors in each link of the judicial chain enjoy the immunity contemplated by article 105.

Article 108

Incompatibility with Other Duties.

The office of judges and prosecutors are not compatible with any other state or private function.

Article 109

High Council of Justice

1. The High Council of Justice is chaired by he President of the republic and consists of the minister of Justice, the chairman of the Supreme Court, the general Prosecutor, and also 9 juristic, known for their high professional competence, who are elected by a joint meeting of the members of the Supreme Court and Office of the General Prosecutor, for 5 year period and without the right of right of immediate re-election.
2. The High Council of Justice is the sole organ that decides on the appointment, promotion and demotion, disciplinary responsibly and transfer of judges and directors of the prosecutors in each of the judicial chain.
3. The manner of exercise of activity of High Council of Justice shall be set by law.

CONSTITUTIONAL COURT

Article 110

Its Role and Independence

The Constitutional Court is an independent organ has for its duty to guarantee respect of Constitution.

Article 111

Composition and Manner of Formation

The Constitutional Court consists of 9 members. The chairman and members of the Constitutional Court are elected by Parliament on the proposal of the President of the Republic.

Article 112

Incompatibility with Other Duties and Activity

The function of the members of the Constitutional Court is not compatible with other state, party or private duty.

Article 113

The Mandate

1. The mandate of the members of Constitutional Court is eight years.
2. The composition of the Constitutional Court is renewed at the end of every four years around four members and in the second round for other five.

Article 114

Immunity

1. A member of the Constitutional Court does not have legal responsibility for the opinions and decisions give in the exercise of his functions.
2. A member of the Constitutional Court enjoys immunity. He many not be penally prosecuted without the permission of the Constitutional Court, given by a majority of votes and with a reason decision by its general meeting .

Article 115

Competencies

The Constitutional Court has these competencies

1. It makes interpretations of the Constitution, decides on the compatibility of laws, decrees and regulations with the Constitution. It orders the suspension of these acts when it observes that serous consequence could be caused by their implementation.
2. It decides weather an international agreement entered into in the name of Republic of Albania, but not yet ratified, is the compatible with the Constitution. Also, it decides on the incompatibility of legal provisions in force with generally accepted norms of international law, and also with the content of agreements to which the Republic of Albania is party.
3. It resolves disagreements on competencies between state powers
4. It decides on questions that have to do with the constitutionality of the activity of parties and other political or social organizations.
5. It resolves complaints and the legality of the election of the President of Republic and the deputies. It also investigates the legality of popular referenda, promulgating the final results.
6. It investigates the constitutionality of a penal accusation that Parliament has presented against the President of Republic.

Article 116

Subject Entitled to present Complaints

The President of Republic, every parliamentary group, one fifth of deputies, the Council of Ministers and the organs of local power have the right to present a complaint the adjudication of a question by the Constitutional Court.

Article 117

Decisions

1. The Constitutional Court decides by majority vote of all its members.
2. Decisions of the Constitutional Court are final and bending. They must be reasoned. In case of doubt or disagreement about the meaning of decision, the Court has the right to interpret it in its own initiative or on the complaint of the interested parties, within 30 days from the date of notification of the complaint.
3. A law, decree, regulation and their specific provisions declared incompatible with provisions of this Constitutions, or with law, with the generally accepted norms of international law or agreements to which the Republic of Albania is party, lose their force the day after publications of the decision in the "Official Journal."
4. In other cases, the decision of Constitutional Court is effective at the time prescribed by it.
5. When the repeal of laws or other acts is decided and the relations that have arisen require juridical regulation, the decision of the Constitutional Court shall be made know to the People's Assembly or other competent organs for them to take the measure prescribed by the Constitution.

Article 118

Organization of Functioning

The organization and functioning of the Constitutional Court, the procedure for resolving cases, as well as other fundamental questions for the performance of its duties, shall be regulated by law.


Previous Contents Next

Copyright © 2001 -- The HTML version was prepared by IPLS - Institute for Policy & Legal Studies. All rights reserved.