DRAFT CONSTITUTION OF THE REPUBLIC OF ALBANIA - November 1994


PART THREE -- HIGH STATE ORGANS

1. PARLIAMENT

Article 60

Role and Structure

1. The Legislative power is exercised by a Parliament consisting of one chamber, with 140 deputies.
2. the system of elections shall be set by law.

Article 61

1. The Parliament is elected for four years.
2. This mandate may be extended with the approval of the President of the Republic, only in a case of war or a state of emergency and so long as these circumstances continue.
3. The election of a new Parliament shall be done not later than sixty days form the date of termination of the mandate, or the earlier dissolution of Parliament.
4. The mandate of parliament continues until the first meeting of the new Parliament.

Article 62

Sessions

1. Parliament is called to its first session by the President of the Republic, not later than 20 days from the date of conclusion of the elections.
2. Parliament conducts its annual works in two sessions. The first session opens on the third Monday of the month of January, while the second session opens on the first Monday of September.
3. Parliament meets in special session when called by the President of the Republic, one third of the deputies or the Prime Minister

Article 63

Conditions for Being Elected Deputy

Any Albanian citizen with a permanent residence in Albania for at least the past two years and who enjoys the electoral right may be elected a deputy.

Article 64

Incompatibility of Being a Deputy with other Functions

1. Being a deputy is not compatible with any other state function except being a member of government.
2. the rights and duties of the deputy shall be set by law.

Article 65

Representative Limits of the Deputy

A deputy represents all the people and is not connected with any obligatory mandate.

Article 66

Immunity of the Deputy

1. A deputy enjoys immunity. He may not be penally prosecuted except with the approval of Parliament on the basis of a request of the General Prosecutor. A deputy may be penally prosecuted without this approval only when he is apprehended in the commission of a serious crime.
2. A deputy does not have responsibility for opinions expressed in the performance of his function or for the vote given.

Article 67

Internal Organization of Parliament

1. Parliament shall elect a chairmen and his deputies, standing and special committees, and the Bureau of Interparliamentary groups from its ranks.
2. Parliament functions according to the rules established by it.

Article 68

Public Character of Meetings and Presence of a Majority

1. Meetings of Parliament shall be open. On the request of the President of the Republic, the Prime Minister or one fifth of the deputies, meetings of Parliament may be closed, with a majority of all deputies have voted for this.
2. Parliament may conduct its meetings when more than half of the deputies are present.

Article 69

Approval of Laws

1. Laws and other acts of Parliament are considered approved when more than half of the deputies present, but not less than one third of the deputies, have voted for them.
2. The voting is personal.

Article 70

Interpellance and Questions

The deputies have the right to make interpellances and questions to the prime Minister and ministers according to the times and rules set out in the regulations.

Article 71

Presence of Members of the Government

1. Members of the government have the right to take part in every meeting of Parliament and its committees. According to the request presented, they shall be heard on a priority basis.

Article 72

Competences of Parliament

Parliament:

1. Approves, amends and repeals laws.
2. Examines and approves the draft budget of the state and the report on the implementation of the previous budget. Every other law that entails new expenditures shall specify their source.
3. Decides on the holding of referenda. A referendum is not be permitted for the repeal of laws that set out taxes and tariffs, laws for the budget of the state or the promulgation of an amnesty, as well as normative acts with which the ratification of international treaties has been authorized. The manner of holding referenda shall be specified by law.
4. Elects the President of the Republic and discharges him.
5. Approves the Prime Minister, the program of the Government and controls its activity.
6. Elects the Constitutional Court, the Supreme Court, the General Prosecutor and its deputies.
7. Grants amnesty.
8. Decides on partial or general mobilization, on a state of emergency, and also on a state of war in the case of armed aggression against the Republic of Albania, or when this is necessary to fulfill the obligations that result from international treaties.
9. Ratifies and rejects by law:
a) treaties that have a political or military character;
b) treaties or agreements that have to do with the borders of the Republic of Albania;
c) treaties or agreements that have to do with fundamental human rights and freedoms;
d) treaties that result in financial obligations for the state or changes in legislation;
e) other treaties or agreements that provide specifically that they must be ratified or rejected by Parliament.

Article 73

The Legislative Initiative

1. The legislative initiative belongs to the President of the Republic, the Government, every deputy, and also 20.000 voters.
2. Proposed laws that entail financial effects must be presented to parliament only by Government.

Article 74

Procedure for Examining and Voting Laws

1. Every proposed law that is presented to Parliament shall be first examined by the appropriate committees, which shall set out amendments and their evaluation of them. After it is discussed by Parliament, the proposed law shall be subjected to not less than two votes.
2. Parliament may specify in its rules a different procedure for examining particular proposed laws.

Article 75

Promulgation of laws

1. A law is considered promulgated when within 15 days from day when it is presented to the President of the Republic, he is not exercised a veto.
2. The President of Republic may return a law for re-examination only once. In this law, a majority of whole number of deputies must vote for approval the law.

Article 76

A law is effective 15 days after its publication in the "Official journal", except when another date is specified in the law.

Article 77

When a state of war or emergency has been declared, Parliament may decide that a law shall become effective immediately after being notification by the mass media.

2. THE PRESIDENT OF THE REPUBLIC

Article 78

State Position of the president and personal Conditions.

1. The president of Republic is the head of State and represents the unity of people.
2. Only an Albanian citizen with a residence for no less than the past 10 years in Albania, and who has reached the age of 40, may elected President of Republic.

Article 79

1. the president of Republic is elected by Parliament by secret vote and by a two-thirds majority of the votes of all deputies. When in the first voting this majority is not reached, a second voting shall take place, in which the President is elected by an absolute majority of the votes of al deputies.
2. Each candidates for President shall be proposed to Parliament by a group of not less than thirty deputies. A deputy is not permitted to take part in more one of the groups that propose a candidate for President.
3. When there is more than one candidate for President of the Republic, the second vote is done only for the two the first voting. The candidates who has gained an absolute majority of the votes is considered elected.
4. If the election of the president is not accomplished in the second voting either, a third vote shall be held. When even after the third vote no candidate receives an absolute majority, the President shall dissolve Parliament. New election shall be held within 30 days. The new Parliament shall elect as President of Republic the candidate who receives the most votes.

Article 80

MANDATE OF THE PRESIDENT

1. The President of Republic is elected for five years with the right to be re-elected only once. The election of the new President of Republic shall take place no later than 30 days before the end of the mandate.
2. The mandate of President of Republic may be extended only when Parliament can not meet because of war or a state of emergency.
3. After being elected by Parliament, President of Republic shall take the appropriate oath before it and President who is leaving office has ended.

Article 81

Incompatibility with other duties.

The function of President of the Republic is incompatible with any other state or private duty as well as that of chairman of the party.

Article 82

Discharge before the End of Mandate

1. the President of Republic is not responsible for acts performed in the exercise of duty except for treason of the Fatherland or for serious willful violation of the Constitution.
2. The discharge of the President for this cases may be sought by not less than one fourth of the number of deputies and decided on by no less than two thirds of them.

Article 83

Replacement of the President

1. in the case of discharge, death, serious illness that makes him unable to conduct his duty or the resignation of the President, the Chairman of Parliament shall take his place and exercise his competencies, except for the dissolution of Parliament.
2. The election of the new President shall palace with 20 days in these cases.

Article 84

Competencies of the President.

1. Guarantees resect for the Constitution the laws.
2. Sets the date for Parliamentary elections, the organs of local power and conduct of referendum.
3. Promulgates laws and cats for the conduct of referenda decided on by Parliament.
4. Propose to Parliament to decide on popular referenda.
5. With a reasoned message, within 15 days from the date when a law is presented to him may return it to Parliament for re-examination only once.
6. Names the Prime Minister and accepts his resignation.
7. On the proposal of the Prime Minister, names or discharges ministers, other particular members of the government and the directors of central institutions.
8. In particular cases chairs a meeting of the Government, meting in the agenda questions that he considers should be examined and resolved, in these cases he sings the respective decisions.
9. On the proposal or with the countersignature of the Prime Minister, and after receiving the opinion of the Chairman of Parliament, may dissolve Parliament before the end the term of the legislature, when its composition does not permit the exercise of the functions of Parliament itself and makes the governing of country impossible. In this case, the elections for Parliament shall be held again no later 45 days from the date of dissolution. The President may not exercise this competency in the last 6 months of his mandate.
10. On the proposal or with the countersignature of the Prime Minister, he enters into treaties and international agreements, ratifies and reject those that Parliament itself does not examine.
11. Names and discharges diplomatic representatives, on the proposal or countersignature of Prime Minister.
12. Receives letters of credential and designation of diplomatic representatives of foreign states.
13. Approves requests for granting or giving up Albanian citizeneship.
14. Exercises the right of pardon.
15. Gives decorations and titles of honor.
16. On the proposal or within the countersignature of the Prime Minister, awards higher military grades.
17. When it is impossible to convene Parliament, declares partial or general mobilization, as well as a state of emergency. In these cases, the respective decree shall be presented to Parliament for approval within 5 days.
18. When it is impossible to convene Parliament, declares a state of war in case of armed aggression against the Republic of Albania.
19. Communicates with Parliament through messages, which shall be read at plenary sessions.
20. Issues decrees with an individual character and decisions. In urgent cases, on the proposal of the Prime Minister or the appropriate minister, or with their counter-signatures, issues decrees with a normative character, which shall be present to Parliament within 15 days for approval.
21. Creates advisory organizations within his office for assistance.
22. Request the opinion and data in writing form the directors of state institutions for questions that have to do with their duties.
23. Also exercises other competencies contemplated in this Constitution.

Article 85

Attributes in the Field of Defense

The President of Republic of Albania is the Commander in Chief of the Armed Forces and Chairman of the National Council

Article 86

National Security Council

1. The National Security Council is created to direct, organize and mobilize all the forces and resources of the country for the defense of the Fatherland.
2. The composition of the National Security Council shall be the people's Assembly on the proposal of the Chairman of the National Security Council.

3. THE GOVERNMENT

Article 87

Role and Manager of Formation

1. the government sets and directs the policy of the state and exercises general leadership of the state administration.
2. The Prime Minister named by the party that has gained the most votes is not approved by Parliament. The ministers are proposed by Prime Minister and approved by the President of the Republic.
3. If the Prime Minister named by the party that has gained the most votes is not approved, the President of the Republic shall name the Prime Minister from the second party by the number of place in Parliament. If after this the Prime Minister does not succeed in being approved, he shall be named by the third party in number of places. If even after this, approval of the Prime Minister is impossible, the President of the Republic shall dissolve Parliament. New elections shall be held within 30 days. The President of Republic shall create a working government with representatives of all parties represented in Parliament to prepare new elections.

Article 88

Respective Oath and Beginning of the Mandate.

1. The Prime Minister and ministers shall take their respective oath individually before the President of the Republic.
2. The mandate of Government begins from the day when oath is taken and continues until the taking of the oath by the new Government.

Article 89

Vote of Confidence.

The Government must receive a vote of confidence from Parliament within ten days of the taking of the oath.

Article 90

Composition.

1. The Government consist of the Prime Minister, his deputies, the ministers and person equivalent to them.
2. The Prime Minister and each number of the Government may not exercise another state duty or private activity, except that deputy.

Article 91

Principal Competencies

The Government:

1. Issues decisions, orders and directives on the basis of the laws and for their implementation. They shall be signed the Prime Minister and, when they have a normative character in the official Journal.
2. Directs and controls the activity of the ministries and other central institutions of the state administrations.
3. Directs activity for the fulfillment of duties n the field of defense of the country, on the basis and for the implementation of decisions of the National Security Council.
4. Co-ordinates and oversees the activity of the local organs of state administration.
5. Draws up proposed economic and social programs for the development of the country and the proposed budget of the state, and also co-ordinates, disciplines and controls the finance of the state and the system of money and credit.
6. Secure the maintenance and protection of the environment, suitable working conditions and the protection of health of the people.
7. Enters into international agreements, and also approves and rejects those that are not subject to ratification.
8. Orders the repeal of unlawful acts of ministers and directors of central institutions of state administration.

Article 92

Presentation of the Proposed Law on the Budget.

In the name of Government, the Prime Minister must present a proposed law on the budget within the fall session, which may not close without approving it. If the proposed law does not succeed in being approved by the beginning of the following fiscal year, the Government shall implement the budget of the prior year until the new budget is approved.

Article 93

Approval of Expenses

Within the first session of the following year, the Government must present to Parliament for examination and approval the expenses of the past year.

No expense may be authorized except by law.

Taxes and tariffs shall be set by law only for public purposes.

Article 94

Functions of the Prime Minister and Members of Government.

1. The Prime Minister represents of the Government, chairs its meeting and directs its general activity, and also is responsible for it.
2. The ministers and directors of central institutions direct the respective ministry or central institutions of the state administration. Each of them is responsible for the activity of the ministry or other central institution that he has been entrusted to direct.
3. The ministers and directors of central institutions shall issue orders, regulations and for the implementation of the laws and the decisions of those in the Government who have given the orders. Their acts, which have a normative character, shall be published in the "Official Journal."
4. The ministers and directors of central institutions shall repeal unlawful orders and directives of the institutions and the organs dependent on them.

Article 95

Motions

1. A motion of on confidence against the Prime Minister for a specific question, and reasoned, shall be signed by not less than one sixth of the deputies.
2. Another motion of no confidence may be presented only after six months. When it is presented by more than half the number of deputies, this time limit need be respected.
3. A motion of no confidence shall be investigated by Parliament no earlier than three days from the data when it is presented.

Article 96

Request for a Vote of Confidence

The Prime Minister may ask Parliament to give a vote of confidence on a specific question of the activity of the Government.

Article 97

Request for a Vote of Confidence

The Prime Minister may ask Parliament to give a vote of confidence on specific question of the activity of the Government.

Article 97

Resignation

When Parliament approves a motion of no confidence or does not give of confidence, the Prime Minister shall immediately resign.

Article 98

Their Immunity and Penal Responsibility

Members of the Government enjoy immunity. They may not be penally prosecuted without the authorization of the President of the Republic.

The Supreme is competence to adjudicate these penal questions.

Article 99

Cessation of the Mandate

1. The mandate of the Government ends:
a) When Parliament has decided no confidence against the Prime Minister;
b) When the President has accepted the resignation of the Prime Minister;
c) When the Prime Minister has died or, because of the serious health condition, can not continue to exercise this function.
Previous Contents Next

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