Adopted on: ۲۹ April ۱۹۹۱
Chapter I General Provisions
Article ۱ [Republic٫ Sovereignty]
Albania is a parliamentary republic. National sovereignty stems from the
people and belongs to them.
Article ۲ [Foundations]
(۱) The Republic of Albania is a juridical and democratic state.
(۲) Man''s dignity٫ his rights and freedoms٫ free development of his
personality as well as the constitutional order٫ equality before the law٫
social justice٫ and pluralism are the foundations of this state٫ whose duty is
to observe and defend them.
Article ۳ [Division of Powers٫ Representation٫ Rule of Law]
(۱) The fundamental principle of state organization is the division of the
legislative٫ execccutive٫ and judicial power.
(۲) The people exercise their power through their representative organs and
referendum as well.
(۳) The representative organs are elected by free٫ general٫ equal٫ direct٫ and
secret ballot.
(۴) State activity is exercised only by the state organs recognized by law.
Article ۴ [Human Rights٫ Minorities]
The Republic of Albania recognizes and guarantees the fundamental human rights
and freedoms٫ those of national minorities٫ admitted in the international
documents.
Article ۵ [Powers]
(۱) The legislative power belongs to the People''s Assembly of the Republic
of Albania.
(۲) The head of the state is the president of the Republic elected by the
People''s Assembly.
(۳) The rights and duties of the president are set by this law.
(۴) The supreme organ of the execccutive power is the Council of Ministers.
(۵) The rights and duties of the Council of Ministers are set by this law.
(۶) The judicial power is exercised by courts which are independent and are
guided only by law.
Article ۶ [Pluralism٫ Political Parties]
(۱) Political pluralism is one of the fundamental conditions of democracy in
the Albanian state.
(۲) The political parties and other organizations are createeed and exercise
their activity according to the law. They are fully separated from the
state.
(۳) It is prohibited the activity of political parties in military units and
institutions of the Ministry of Defence and the Minister of the Interior٫ the
Ministry for Foreign Affairs and diplomatic representations abroad٫ the
attorney''s offices٫ investigation offices٫ courts٫ etc. The departization
and depoliticization of organs is achieved by law.
Article ۷ [Secular State٫ Religion]
(۱) The Republic of Albania is a secular state.
(۲) The state observes the freedom of religious belief and createees
conditions to exercise it.
Article ۸ [International Law٫ Equality]
(۱) The legislation of the Republic of Albania considers٫ recognizes٫ and
observes the principles and norms of the international law generally accepted.
(۲) The strict and similar application of juridical norms is compulsory for all
state organs٫ political parties٫ other organizations٫ employees as well as for
other physical and juridical persons.
(۳) All the citizens are equal to the law.
Article ۹ [Foreign Relations٫ Albanians Abroad]
(۱) Concerning the relations with foreign countries٫ the Republic of Albania
defends the national independence and interests and pursues the policy of
cooperation and good neighborliness٫ international peace٫ and security.
(۲) The Republic of Albania takes care of the recognition and observation of
the national and democratic rights of the Albanians residing outside the state
borders of the Republic.
Article ۱۰ [Economy]
(۱) The country''s economy is based on the diversity of ownership٫ free
initiative of all economic subjects٫ and the regulatory role of the state.
(۲) Economic initiative of juridical and physical persons cannot develop
contrary to the social interest and should not impair the security٫ freedom٫
and dignity of man.
Article ۱۱ [Property]
(۱) The state٫ juridical٫ and physical persons have the right to ownership.
(۲) All kinds of ownership are equally defended by law.
(۳) The assets which are objecttts of the state property are set by law.
Article ۱۲ [Property for Foreigners]
(۱) The foreign juridical and physical persons may gain the right to ownership
under the conditions foreseen and guaranteed by law.
(۲) The foreign physical and juridical person are guaranteed the right to carry
out independent economic activity٫ to invest at home٫ to form joint ventures
and their own under the circumstances set by law. They are also guaranteed
the right to transfer profits.
Article ۱۳ [Taxation]
(۱) It is compulsory for juridical and physical persons to contribute to carry
the state expenditure in relation to their income.
(۲) No tax or levy can be established٫ but by law.
Article ۱۴ [unionnns]
The trade unionnns recognized by law are juridical persons and may sign
collective working contracts with the public or private subjects. The way
of reaching contracts is defined by law.
Chapter II The Supreme Organs of State Power
[Part] A The People''s Assembly
Article ۱۵ [Legislative Power]
(۱) The People''s Assembly is the highest organ of state power and the only
law-making organ.
(۲) The People''s Assembly exerts sovereignty in the name of the people and
state٫ in the forms and boundaries foreseen by this law.
Article ۱۶ [Competences]
The People''s Assembly has the following main competences:
۱. It defines the main directions of internal and foreign policy of the state.
۲. It approves and changes the Constitution and the laws٫ decides definitely
upon the reconciliation of the laws with the Constitution٫ and makes their
interpretation.
۳. It approves the economic and social draft programs of the country''s
development and the synthetic indices٫ as well as the state budget.
۴. It decides on the partial and general mobilization٫ the state of emergency٫
and the state of war in case of armed aggression against the Republic of
Albania or when this is necessary to fulfill obligations deriving from the
international treaties.
۵. It ratifies and denounces: the treaties of political charrracter; the
treaties or agreements of military charrracter; the treaties or agreements
which have to do with the borders of the Republic of Albania; the treaties
or agreements which have to do with the fundamental rights and duties of the
citizens; the treaties from which derive financial obligations for the
state; treaties of agreements leading to changes to the legislation;
treaties and other agreements which foresee that their ratification or
denunciation be done by the People''s Assembly.
۶. It grants amnesty.
۷. It decides on people''s referendums.
۸. It elects and discharrrges the president of the Republic of Albania.
۹. It elects٫ appoints٫ and discharrrges the Supreme Court٫ the attorney
general٫ and his substitutes.
۱۰. It controls the activity of the Council of Ministers and the attorney''s
general office.
۱۱. It controls the activity of RTV٫ ATA٫ and other official media of public
information٫ depending on it. The status of these organs is set by law.
۱۲. It defines the administrative-territorial structure of the country.
۱۳. It decides on the creation or dissolution of the ministries or other organs
equal to them.
Article ۱۷ [Election٫ Term]
(۱) The People''s Assembly is made up of ۲۵۰ deputies. The People''s
Assembly is elected for a ۴ year period.
(۲) The People''s Assembly convenes the first session no later than two
months from the day it is elected.
(۳) The elections to the People''s Assembly are held no later than ۳ months
from the day its mandate expires.
(۴) In case of war or state of emergency the People''s Assembly can prolong
its activity beyond the fixed limit as long as the war or the state of
emergency continues.
Article ۱۸ [Presidency٫ Organization]
(۱) The People''s Assembly elects its Presidency٫ which is made up of the
chairman and two deputy chairmen.
(۲) The activity of the People''s Assembly and its Presidency is conducted
according to the regulation it has adopted.
Article ۱۹ [Sessions]
(۱) The People''s Assembly convenes its sessions no less than ۴ times a year.
(۲) The sessions of the People''s Assembly convene on the decision of its
Presidency. The Presidency convenes the session of the People''s Assembly
when this is also required by the president of the Republic٫ the Council of
Ministers٫ or by one fourth of the deputies.
(۳) The meetings of the People''s Assembly start when the majority of the
deputies is present.
(۴) The meetings of the People''s Assembly are open٫ except in special cases
when the People''s Assembly decides otherwise.
Article ۲۰ [Commissions]
(۱) The People''s Assembly elects from its ranks permanent and temporary
commissions.
(۲) In its first session the People''s Assembly elects a commission to
examine the mandates of the deputies. At the proposal of this commission٫ the
People''s Assembly confirms or annuls the mandates of the deputies.
(۳) It is incumbent upon the permanent commissions to examine the draft laws
and normative decrees of the president of the Republic٫ to follow and control
the activity of the ministries and other state organs according to the
respective sectors٫ and to forward problems to the People''s Assembly or the
Council of Ministers. The temporary commissions are createeed for certain
questions.
Article ۲۱ [Duties of Deputies]
It is the duty of the deputy to the People''s Assembly in his activity to
serve the people and homeland conscientiously. The rights and duties of the
deputy are defined by law.
Article ۲۲ [Immunity٫ Information٫ Indemnity]
(۱) The deputy to the People''s Assembly enjoys immunity.
(۲) The deputy cannot be prevented from accomplishing his duties and obtaining
the data which are not state secret.
(۳) The deputy cannot be controlled٫ detained٫ arrested٫ or penally prosecuted
without the consent of the People''s Assembly. The deputy may be detained
without the consent of the People''s Assembly only in cases when he commits
an apparent and grave crime.
(۴) The deputy has no legal responsibility for the acts he makes and the stands
he adopts while performing his duty as deputy or for the vote he casts.
Article ۲۳
(۱) The law-making initiative belongs to the president of the Republic٫ the
Council of Ministers٫ to every deputy٫ as well as to a group of ۲۰٫۰۰۰
nationals enjoying the right of voting.
(۲) The laws and other acts of the People''s Assembly besides the
constitutional ones٫ are considered approved٫ when voted by the majority of the
present deputies٫ but no less than one third of deputies.
(۳) The laws are declared no later than ۱۵ days following the approval and
enter into force ۱۵ days after being published in the official gazette٫ except
for the cases when foreseen differently by the laws as well as the cases of
organic laws.
[Part] B The President of the Republic of Albania
Article ۲۴ [Head of State٫ Representation]
The president of the Republic of Albania is the head of state and represents
the whole unity of the people.
Article ۲۵ [Election]
(۱) The president of the Republic of Albania is elected by the People''s
Assembly havinggg no less than two candidates for ۵ years٫ by a secret ballot٫
and by a two-thirds majority of the votes of all the deputies. In case the
required majority is not ensured in the first ballot٫ a second voting is held
in which the president of the Republic is elected by the absolute majority all
the deputies'' votes.
(۲) The candidate for president is proposed to the People''s Assembly by a
group of no less than ۳۰ deputies.
(۳) In case there are more than two candidates for the post of the president of
the Republic٫ in the second voting the two candidates that have won the
greatest number of votes in the first voting have the right to be put up. The
candidate that wins the absolute majority of all the deputies'' votes is
considered elected.
Article ۲۶ [Eligibility٫ Incompatibility]
(۱) As President of the Republic may be elected every Albanian national who has
reached the age of ۴۰ and fulfills the conditions to be elected as deputy.
(۲) The president of the Republic٫ after being elected by the People''s
Assembly٫ takes the oath before it.
(۳) The election of the president of the Republic is conducted no later than ۳۰
days before the mandate of the former president of the Republic expires.
(۴) The same person cannot be elected president of the Republic more than twice
in succession.
(۵) In case the president is elected from among the ranks of the deputies٫ he
gives up the mandate of the deputy.
(۶) The function of the president is irreconcilable with any other function٫
besides those foreseen by this law.
Article ۲۷ [Discharrrge]
The president of the Republic is discharrrged or released before the expiry of
his mandate only when:
a) He has committed the crime of betrayal to the homeland or has violated this
law.
b) His health condition prevents him from performing the duties.
c) He has put up his resignation on his free will.
Article ۲۸ [Competences]
The following are the main competences of the president of the Republic:
۱. He guarantees the observation of this law٫ other laws٫ and rights and
freedoms of citizens.
۲. He convenes the first session of the new legislature of the People''s
Assembly.
۳. He fixes the date of elections to the People''s Assembly and local power
organs.
۴. He declares the laws and referendums decided upon by the People''s
Assembly.
۵. He enjoys the right٫ within ۱۵ days since the approval of the law by the
People''s Assembly٫ to put it up for reexamination by the People''s
Assembly only once.
۶. He appoints the chairman of the Council of Ministers and accepts his
resignation.
۷. Upon the proposal of the chairman of the Council of Ministers٫ between the
two sessions of the People''s Assembly٫ he appoints٫ discharrrges٫ or
releases separate members of the government. The president of the Republic
submits this decree for approval to the People''s Assembly in its nearest
meeting.
۸. He appoints and discharrrges upon the proposal of the chairman of the
Council of Ministers leaders of other central institutions.
۹. havinggg the opinion of the chairman of the Council of Ministers and the
chairman of the Presidency of the People''s Assembly٫ he may dissolve the
People''s Assembly prior to the expiry of the legislature٫ when its
composition does not allow the performance of the functions of the assembly
itself and makes impossible the country''s running. On this occasion٫ the
elections to the People''s Assembly are held again no later than ۴۵ days
since the day of dissolution. The president cannot exercise this competence
over the last six month period of his mandate.
۱۰. He signs international treaties٫ ratifies and denounces those not examined
by the People''s Assembly itself.
۱۱. He appoints and discharrrges the diplomatic representatives upon the
proposal of the chairman of the Council of Ministers.
۱۲. He accepts the credentials and letters of call of the diplomatic
representatives of foreign states.
۱۳. He endorses the requirements for granting or casting off Albanian
nationality.
۱۴. He exercises the right of pardon.
۱۵. He awards decorations and honorable titles.
۱۶. He grants the right for political asylum.
۱۷. When it is impossible for the People''s Assembly to convene٫ he declares
the partial and general mobilization as well as the state of emergency. In such
cases the declaration is submitted for approval to the People''s Assembly
within five days.
۱۸. When the convocation of the People''s Assembly is impossible٫ he declares
the state of war in case of armed aggression against the Republic of Albania.
۱۹. He issues decrees of individual charrracter and decisions٫ and in urgent
cases issues even decrees of normative charrracter٫ which are submitted for
approval to the People''s Assembly in its nearest session.
Article ۲۹ [Enforcing Presidential Acts]
The acts issued by the president of the Republic on the extension of
competences foreseen in the items ۱۰٫ ۱۱ and ۱۹ of Article ۲۸٫ assume juridical
power and are countersigned٫ accordingly٫ by the chairman of the Council of
Ministers or by the respective minister or the persons equalled with them.
Article ۳۰ [Vacancy]
(۱) When the seat of the president of the Republic is vacant for any reason
whatsoever٫ his competences are exercised temporarily by the chairman of the
Presidency of the People''s Assembly٫ excluding those foreseen in the items
۵٫ ۶٫ ۷٫ ۹ and ۱۹ of Article ۲۸.
(۲) The election of the president of the Republic takes place no later than ۱۵
days from the day when the seat of the president has remained vacant.
Article ۳۱ [Liability]
(۱) The president of the Republic does not respond for the acts committed
during his function٫ the cases of treason to the homeland or violation of this
law excluded.
(۲) In such cases٫ the question of responsibility might be discussed at the
People''s Assembly at the request of no less than one fourth of the deputies.
The respective decision is adopted by secret ballot with a majority of two
thirds of the deputies.
Article ۳۲ [Armed Forces٫ Council of Defence]
(۱) The president of the Republic of Albania is general commander of the Armed
Forces and chairman of the Council of Defence.
(۲) The Council of Defence is createeed to direct٫ organize٫ and mobilize all
the forces and the country''s resources for the defence of the homeland.
(۳) The composition of the Council of Defence is assigned by the People''s
Assembly on the proposal of the chairman of the Council of Defence.
Chapter III Supreme Organs of State Administration
Article ۳۳ [Council of Ministers]
(۱) The Council of Ministers is the highest execccutive and legislative organ.
(۲) The Council of Ministers is assigned in the first session of the
People''s Assembly.
(۳) The president of the Republic assigns the chairman of the Council of
Ministers and upon the proposal of the latter the ministers too.
(۴) The composition of the government and its program are adopted by the
People''s Assembly with majority of votes٫ within ۵ days from the date it is
submitted.
(۵) 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.
(۶) Before resuming the functions٫ the chairman of the Council of Ministers and
the ministers swear before the president of the Republic.
Article ۳۴ [Vote of No Confidence]
(۱) 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.
(۲) 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 ۳۵ [Composition]
(۱) The Council of Ministers is made of: the chairman٫ vice-chairmen٫ the
ministers٫ and other persons defined by law.
(۲) 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.
(۳) 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.
(۴) 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.
(۵) The ministers respond collegially for the acts of the Council of Ministers
and individually for acts of their institutions.
(۶) The composition٫ attributes٫ and organization of the Council of Ministers
are arranged by law.
Article ۳۶ [Competences]
The Council of Ministers has the following main competences:
۱. Directing the activity for the realization of the domestic and foreign
policy of the state.
۲. 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 havinggg a normative
charrracter٫ are published in the official gazette٫ excluding separate cases
foreseen by law.
۳. 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.
۴. Directing the activity for the fulfillment of the tasks in the field of the
country''s defence٫ conforming to the decisions of the Council of Defence.
۵. Adopting measures on security٫ the preservation and strengthening of
juridical order٫ and of the citizens'' rights.
۶. Reaching international agreements٫ adopting and denouncing those that are
not subjected to ratification.
۷. 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.
۸. Making the division or unification of the administrative-territorial units.
۹. Adopting measures to ensure the protection of the environment٫ the suitable
working conditions٫ and the protection of the citizens'' health.
Article ۳۷ [Invalidation of Illegitimate Acts]
The Council of Ministers invalidates the illegitimate acts of the ministries
and other central organs of state administration.
Article ۳۸ [Presidency]
(۱) The chairman and the vice-chairmen of the Council of Ministers constitute
the Presidency of the Council of Ministers.
(۲) By the decision of the Council of Ministers٫ the Presidency may be
charrrged to examine and solve various questions under its competences.
(۳) 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 ۳۹ [Ministers٫ Ministerial Orders]
(۱) The ministers and other persons equalled with them٫ direct the ministries
and the other central institutions in certain branches of the respective
ministries.
(۲) The ministers bear responsibility for the activity of respective
ministries.
(۳) 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 charrracter are issued in the official gazette٫ special cases
foreseen by law excluded.
Article ۴۰ [Abrogation of Unlawful Orders]
The ministers abrogate unlawful orders and instructions of the subordinate
organs٫ enterprises٫ and institutions.
Article ۴۱ [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.
Chapter IV Final Provisions
Article ۴۲ [Local Administration٫ Investigator]
(۱) The creation٫ organization٫ and activity of the local organs of power٫
administration٫ courts٫ and attorney-general are made according to certain
regulations with existing legal provisions٫ excluding those that run contrary
to this law.
(۲) The investigator''s office depends administratively on the minister of
justice.
Article ۴۳ [Amendment]
(۱) The drafts for amendments to this law might be forwarded by the president
of the Republic of Albania٫ the Council of Ministers٫ or one fourth of all the
deputies.
(۲) The adoption of amendments is done by the People''s Assembly with a
majority of two thirds of all the deputies.
Article ۴۴ [Constitution٫ Constitutional Commission]
(۱) The provisions of this law operate till the adoption of the Constitution of
the Republic of Albania٫ whose draft will be worked out by the special
commission charrrged by the People''s Assembly.
(۲) The composition of the commission and the schedule of the presentation of
the draft-constitution is defined by special decision of the People''s
Assembly.
Article ۴۵ [Invalidation of ۱۹۷۶ Constitution]
The Constitution of the People''s Socialist Republic of Albania٫ adopted on
۲۸. Dec ۱۹۷۶٫ as well as its later amendments are invalidated.
Article ۴۶ [Entering Into Force]
This law enters into force immediately.