ALBANIAN CONSTITUTION - Adopted on: 29 April 1991

Chapter III Supreme Organs of State Administration

Article 33 [Council of Ministers]

1) The Council of Ministers is the highest executive and legislative organ.

2) The Council of Ministers is assigned in the first session of the People's Assembly.

3) The president of the Republic assigns the chairman of the Council of Ministers and upon the proposal of the latter the ministers too.

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.

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.

6) Before resuming the functions, the chairman of the Council of Ministers and the ministers swear before the president of the Republic.

Article 34 [Vote 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.

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 35 [Composition]

1) The Council of Ministers is made of: the chairman, vice-chairmen, the ministers, and other persons defined by law.

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.

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.

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.

5) The ministers respond collegially for the acts of the Council of Ministers and individually for acts of their institutions.

6) The composition, attributes, and organization of the Council of Ministers are arranged by law.

Article 36 [Competences]

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 defense, conforming to the decisions of the Council of Defense.

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 37 [Invalidation of Illegitimate Acts]

The Council of Ministers invalidates the illegitimate acts of the ministries and other central organs of state administration.

Article 38 [Presidency]

1) The chairman and the vice-chairmen of the Council of Ministers constitute the Presidency of the Council of Ministers.

2) By the decision of the Council of Ministers, the Presidency may be charged to examine and solve various questions under its competences.

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 39 [Ministers, Ministerial Orders]

1) The ministers and other persons equaled with them, direct the ministries and the other central institutions in certain branches of the respective ministries.

2) The ministers bear responsibility for the activity of respective ministries.

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 40 [Abrogation of Unlawful Orders]

The ministers abrogate unlawful orders and instructions of the subordinate organs, enterprises, and institutions.

Article 41 [Responsibility]

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.

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