ALBANIAN CONSTITUTION


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:
a. -- addresses messages to the Assembly;
b. -- exercises the right of pardon according to the law;
c. -- grants Albanian citizenship and permits it to be given up according to the law;
d. -- gives decorations and titles of honor according to the law;
e. -- accords the highest military ranks according to the law;
f. -- on the proposal of the Prime Minister, he appoints and withdraws plenipotentiary representatives of the Republic of Albania to other states and international organizations;
g. -- accepts letters of credentials and the withdrawal of diplomatic representatives of other states and international organizations accredited to the Republic of Albania;
h. -- signs international agreements according to the law;
i. -- upon proposal of the Prime Minister, he appoints the director of the intelligence service of the state;
j. -- nominates the Chairman of the Academy of Sciences and the rectors of universities pursuant to law;
k. -- sets the date of the elections for the Assembly, for the organs of local power and for the conduct of referenda;
l. -- requests opinions and information in writing from the directors of state institutions for issues that have to do with their duties.

Article 93

The President of the Republic, in the exercise of his powers, issues decrees.

Article 94

The President of the Republic may not exercise other powers besides those recognized expressly in the Constitution and granted by laws issued in compliance with it.

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