Source of constitutional authority, Motives for writing constitution
Preamble
God or other deities
We, the people of Albania, proud and aware of our history, with responsibility for the future, and with faith in God and/or other universal values,
with determination to build a social and democratic state based on the rule of law, and to guarantee the fundamental human rights and freedoms,
with a spirit of religious coexistence and tolerance,
Human dignity
with a pledge to protect human dignity and personhood, as well as for the prosperity of the whole nation, for peace, well-being, culture and social solidarity,
with the centuries-old aspiration of the Albanian people for national identity and unity,
with a deep conviction that justice, peace, harmony and cooperation between nations are among the highest values of humanity,
We establish this Constitution:
PART 4. THE PRESIDENT OF THE REPUBLIC
Name/structure of executive(s)
Article 86
- The President of the Republic is the Head of State and represents the unity of the people.
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Eligibility for head of state, Minimum age of head of state
Only an Albanian citizen by birth who has resided in Albania for not less than the past 10 years and who has reached the age of 40 may be elected President.
Head of state selection
Article 87
- A candidate for President is proposed to the Assembly by a group of not less than 20 MPs. One MP is not allowed to propose more than one candidate at the same time.
- The President of the Republic is elected by secret vote and without debate by the Assembly. The Assembly conducts up to five voting for the election of the President.
The first voting takes place not later than seven days from the beginning of the procedure for the election of the President. Each of the other voting takes place not later than seven days from the unsuccessful completion of the preceding voting. A voting is deemed as completed even when no candidates are running in the competition. New candidates may run in the second, third and fourth voting, in accordance with the conditions of point 1 of this article.
- The President is elected in the first, second or third voting when one candidate receives not less than three-fifths of the votes of all the members of the Assembly. In the fourth and fifth voting, the candidate that receives more than half of the votes of all the members of the Assembly is elected President.
- The fifth voting takes place when none of the candidates receive the required majority of votes in the fourth voting. The fifth voting takes place only between the two candidates who have received the highest number of votes in the fourth voting. If there are more than two candidates with the same number of votes, the candidate who will run in the voting shall be determined by lot.
If, after the fourth voting, there are no candidates left to compete, new candidates may run in this voting in accordance with the conditions of point 1 of this article. If more than two candidates are proposed to run, the voting takes place between the two candidates that have ensured the highest number of the proposing MPs.
- If, even after the fifth voting none of the candidates has received the required majority of votes, or if after the unsuccessful completion of the fourth voting no new candidates are proposed, the Assembly is dissolved. The new elections take place within 45 days from its dissolution.
- The subsequent Assembly elects the President of the Republic by a majority of all its members.
Article 88
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Head of state term limits, Head of state term length
The President of the Republic is in every case elected for 5 years, with the right to be reelected only once.
- The mandate expires on the same date, of the same month of the fifth year from the date the President of the Republic takes his oath. The mandate of the President is extended only in case of war, and for as long as the war continues.
- The procedure for the election of the President begins not later than 60 days before the termination of the preceding presidential mandate. When the presidential mandate terminates during the six months preceding the end of the mandate of the existing Assembly, the procedure for the election of the President starts no later than 60 days prior to the termination of the mandate of the Assembly.
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Oaths to abide by constitution, God or other deities
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 takes this oath: "I swear that I will obey the Constitution and laws of the country, I will respect the rights and freedoms of citizens, I will 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!"
- 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 position, may not be a member of a party and may not carry out other private activity.
Article 90
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Head of state immunity
The President of the Republic is not responsible for actions carried out in the exercise of his duty.
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Head of state removal
The President of the Republic may be dismissed for serious violations of the Constitution and for the commission of a serious crime. In these cases, a proposal for the dismissal of the President may be made by not less than one-fourth of the members of the Assembly and shall be supported by not less than two-thirds of all its members.
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Head of state removal
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 dismissal from duty.
Article 91
- When the President of the Republic is temporarily unable to exercise his functions or his place is vacant, the Speaker of the Assembly takes his place and exercises his powers.
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Head of state replacement
If the President cannot exercise his duties for more than 60 days, the Assembly decides by two-thirds of all its members to send the issue to the Constitutional Court, which determines conclusively the fact of his incapacity. In the case of a determination of incapacity, the place of the President remains vacant and the election of a new President begins within 10 days from the date of determination of incapacity.
Head of state powers
Article 92
The President also exercises these powers:
- he addresses messages to the Assembly;
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Power to pardon
he exercises the right of pardon according to law;
- he grants Albanian citizenship and permits it to be relinquished according to law;
- he grants decorations and titles of honor according to law;
- he grants the highest military ranks according to law;
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International organizations
on the proposal of the Prime Minister, he appoints and withdraws plenipotentiary representatives of the Republic of Albania to other states and international organizations;
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International organizations
he accepts letters of credential and the withdrawal of diplomatic representatives of other states and international organizations accredited to the Republic of Albania;
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Treaty ratification, International law
he enters into international agreements according to law;
- on the proposal of the Prime Minister, he appoints the director of the intelligence service of the state;
- he nominates the Chairman of the Academy of Sciences and the rectors of universities pursuant to law;
- he sets the date of the elections for the Assembly, for the organs of local power and for the conduct of referenda;
- he requests opinions and information in writing from the directors of state institutions for issues that relate to their duties.
Head of state decree power
Article 93
The President of the Republic issues decrees in the exercise of his powers.
Article 94
The President of the Republic may not exercise other powers besides those contemplated expressly by the Constitution and granted by laws issued in compliance with it.
PART 5. THE COUNCIL OF MINISTERS
Name/structure of executive(s)
Article 95
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Establishment of cabinet/ministers, Deputy executive
The Council of Ministers consists of the Prime Minister, the deputy prime minister, and the ministers.
- The Council of Ministers exercises every state function that is not given to the organs of other state powers or of local government.
Head of government replacement
Article 96
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Head of government selection
At the beginning of a legislature, as well as when the position of Prime Minister is vacant, the President of the Republic appoints the Prime Minister on the proposal of the party or coalition of parties that has the majority of seats in the Assembly.
- If the Prime Minister appointed is not approved by the Assembly, the President appoints a new Prime Minister within 10 days.
- If the newly appointed Prime Minister is not approved by the Assembly, the Assembly elects another Prime Minister within 10 days. In this case, the President appoints the new Prime Minister.
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Dismissal of the legislature
If the Assembly fails to elect a new Prime Minister, the President of the Republic dissolves the Assembly.
Cabinet selection
Article 97
Within 10 days, the Prime Minister appointed according to article 96, article 104 or article 105 presents the political program of the Council of Ministers, together with its composition, to the Assembly for approval.
Article 98
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Cabinet selection, Cabinet removal
A minister is appointed and dismissed by the President of the Republic, on the proposal of the Prime Minister, within 7 days.
- The decree is reviewed by the Assembly within 10 days.
Oaths to abide by constitution
Article 99
Before taking office, the Prime Minister, the deputy prime minister, and the ministers take an oath before the President of the Republic.
Powers of cabinet
Article 100
- The Council of Ministers determines the principal general policies of the state.
- The Council of Ministers takes decisions upon the proposal of the Prime Minister or the respective minister.
- Meetings of the Council of Ministers are held behind closed doors.
- Acts of the Council of Ministers are valid when signed by the Prime Minister and the proposing minister.
- The Council of Ministers issues decisions and instructions.
Article 101
In cases of necessity and emergency, the Council of Ministers may issue, under its own responsibility, normative acts having the force of law for taking temporary measures. These normative acts are immediately submitted to the Assembly, which is convened within 5 days if it is not in session. These acts lose force retroactively if they are not approved by the Assembly within 45 days.
Head of government powers
Article 102
- The Prime Minister:
- represents the Council of Ministers and chairs its meetings;
- outlines and presents the principal general policies of the state and is responsible for them;
- assures the implementation of legislation and policies approved by the Council of Ministers;
- coordinates and supervises the work of the members of the Council of Ministers and other institutions of the central state administration;
- performs other duties contemplated in the Constitution and laws.
- The Prime Minister resolves disagreements among ministers.
- The Prime Minister issues orders in the exercise of his powers.
- Within the principal general policies of the state, a minister directs, under his responsibility, activities within his competency. A minister issues orders and instructions in the exercise of his powers.
Article 103
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Eligibility for cabinet, Eligibility for head of government
Anyone who is eligible to be a deputy may be appointed a minister.
- A minister may not exercise any other state activity or be a director or member of the organs of profit-making companies.
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Head of government immunity
Members of the Council of Ministers enjoy the immunity of a deputy.
Dismissal of the legislature
Article 104
- The Prime Minister is entitled to present to the Assembly a motion of confidence towards the Council of Ministers. If the motion of confidence is voted by less than half of all the members of the Assembly, the Prime Minister, within 48 hours from the voting of the motion, requests the President of the Republic to dissolve the Assembly.
- The President dissolves the Assembly within 10 days from the receipt of the request. A request for a motion of confidence may not be presented while a motion of no confidence is being examined according to article 105.
- The voting of the motion may not take place unless three days have passed from its submission.
Head of government removal
Article 105
- One-fifths of the Members of Parliament is entitled to present for voting to the Assembly a motion of no confidence towards the incumbent Prime Minister, by proposing a new Prime Minister.
- The Assembly may vote a motion of no confidence towards the Prime Minister only by electing a new Prime Minister with the votes of more than half of all the members of the Assembly.
- The President of the Republic decrees the dismissal of the incumbent Prime Minister and the appointment of the elected Prime Minister not later than 10 days from the voting of the motion at the Assembly.
Article 106
The Prime Minister and the ministers are obligated to stay in office until the formation of the succeeding Council of Ministers.
Article 107
- Public employees apply the law and are at the service of the people.
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Civil service recruitment
Employees in the public administration are selected by competition, except when the law provides otherwise.
- Guarantees of tenure and legal treatment of public employees are regulated by law.
Municipal government, Subsidiary unit government
PART 6. LOCAL GOVERNMENT
Article 108
- Communes or municipalities and regions are the units of local government. Other units of local government are regulated by law.
- The territorial-administrative division of the units of local government is established by law on the basis of mutual economic needs and interests, and of historical tradition. Their borders may not be changed without first hearing the opinion of their inhabitants.
- Communes and municipalities are basic units of local government. They perform all the duties of self-government, with the exception of those that are given by law to other units of local government.
- Self-government in the local units is exercised through their representative organs and local referenda. The principles and procedures for the conduct of local referenda are provided by law in accordance with article 151, paragraph 2.
Article 109
- The representative organs of the basic units of local government are the councils, which are elected every four years by direct general elections and by secret ballot.
- The executive organ of a municipality or commune is the mayor, who is elected directly by the people in the manner contemplated in paragraph 1 of this article.
- Only citizens with permanent residence in the territory of the respective local unit have the right to be elected to the local councils and as mayor of the municipality or commune.
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International organizations
The organs of local government units have the right to form unions and joint institutions with one another for the representation of their interests, to cooperate with local units of other countries, and to be represented in international organizations of local governments.
Article 110
- A region consists of several basic units of local government with traditional, economic and social ties and common interests.
- The region is the unit where regional policies are made and implemented and where they are harmonized with policies of the state.
- The representative organ of the region is the regional council. Municipalities and communes delegate members to the regional council in proportion to their population, but in any case at least one member. The mayors of communes and municipalities are always members of the regional council. Other members are elected through proportional lists from among the municipal or communal councilors by the respective councils.
- The Regional Council has the right to issue ordinances and decisions with general binding force for the region.
Article 111
- The units of local government are juridical persons.
- The units of local government have an independent budget, which is set in the manner provided by law.
Article 112
- Powers of the state administration may be delegated by law to the units of local government. Expenses that are incurred in the exercise of the delegation are covered by the state.
- Obligations may be imposed on the organs of local government only in compliance with law or according to agreements entered into by them. Expenses related to the obligations imposed by law on the organs of local government are covered by the state budget.
Article 113
- The communal, municipal and regional councils:
- regulate and administer in an independent manner local issues within their jurisdiction;
- exercise property rights, administer their income independently, and are entitled to exercise economic activity;
- have the right to collect and spend income necessary for the exercise of their functions;
- have the right, in compliance with law, to establish local taxes as well as their level;
- establish rules for their organization and operation in compliance with law;
- create symbols of local government and local titles of honor;
- undertake initiatives for local issues before the organs set by law.
- The organs of units of local government issue ordinances, decisions and orders.
- The rights of self-government of the units of local government are protected in court.
Article 114
The Council of Ministers appoints a prefect as its representative in every region. The powers of the prefect are set by law.
Article 115
- A directly elected organ of a local government unit may be dissolved or discharged by the Council of Ministers for serious violations of the Constitution or the laws.
- The dissolved or discharged organ may complain, within 15 days, to the Constitutional Court, in which case the decision of the Council of Ministers is suspended.
- If the right to complain is not exercised within 15 days, or if the Constitutional Court upholds the decision of the Council of Ministers, the President of the Republic sets a date for elections in the respective local unit.
PART 8. CONSTITUTIONAL COURT
Article 124
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Establishment of constitutional court, Constitutional interpretation
The Constitutional Court guarantees respect for the Constitution and interprets it conclusively.
- The Constitutional Court is subject only to the Constitution.
Article 125
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Constitutional court selection
The Constitutional Court is composed of nine members, who are appointed by the President of the Republic with the consent of the Assembly.
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Eligibility for const court judges, Constitutional court term length, Constitutional court term limits
Judges are named for nine years without the right to be reelected, among lawyers with high qualifications and with professional work experience of not less than fifteen years.
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Constitutional court selection
One-third of the composition of the Constitutional Court is renewed every three years, according to the procedure determined by law.
- The President of the Constitutional Court is appointed for a 3-year term from the ranks of its members by the President of the Republic with the consent of the Assembly.
- A judge of the Constitutional Court continues in office until the appointment of his successor.
Article 126
A judge of the Constitutional Court cannot be criminally prosecuted without the consent of the Constitutional Court. A judge of the Constitutional Court can be detained or arrested only if apprehended while committing a crime or immediately after its commission. The competent organ notifies the Constitutional Court immediately. If the Constitutional Court does not give its consent within 24 hours to bring the arrested judge to court, the competent organ is obliged to release him.
Mandatory retirement age for judges
Article 127
- The mandate of a judge of the Constitutional Court ends when:
- he is sentenced by a final court decision for commission of a crime;
- he fails to appear for duty, without reason, for more than 6 months;
- he reaches 70 years of age;
- he resigns;
- he is declared incapable of acting by a final court decision.
- The end of the mandate of a judge is declared by a decision of the Constitutional Court.
- In the case of a vacancy, the President of the Republic with the consent of the Assembly appoints a new judge, who remains in office until the end of the mandate of the departed judge.
Constitutional court removal, Supreme/ordinary court judge removal
Article 128
A judge of the Constitutional Court can be removed by the Assembly by two-thirds of all its members for violation of the Constitution, commission of a crime, mental or physical incapacity, or acts and behavior that seriously discredit judicial integrity and reputation. The decision of the Assembly is reviewed by the Constitutional Court, which, when it determines the existence of one of these grounds, declares the removal from office of the member of the Constitutional Court.
Oaths to abide by constitution
Article 129
A judge of the Constitutional Court takes office after taking an oath before the President of the Republic.
Article 130
Being a judge of the Constitutional Court is incompatible with any other state, political or private activity.
Constitutional court powers
Article 131
The Constitutional Court decides on:
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International law
the compatibility of a law with the Constitution or with international agreements as provided in article 122;
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International law, Legal status of treaties
the compatibility of international agreements with the Constitution, prior to their ratification;
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International law
the compatibility of normative acts of the central and local organs with the Constitution and international agreements;
- conflicts of competencies among the powers as well as between central government and local government;
- the constitutionality of parties and other political organizations, as well as their activity, according to article 9 of this Constitution;
- removal from office of the President of the Republic and verification of his inability to exercise his functions;
- issues related to the eligibility and incompatibilities in exercising the functions of the President of the Republic and of the deputies, as well as the verification of their election;
- the constitutionality of a referendum and the verification of its results;
- the final adjudication of the complaints of individuals for the violation of their constitutional rights to due process of law, after all legal remedies for the protection of those rights have been exhausted.
Article 132
- The decisions of the Constitutional Court have general binding force and are final. The Constitutional Court can only invalidate the acts it reviews.
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Constitutionality of legislation
The decisions of the Constitutional Court enter into force on the day of their publication in the Official Journal, unless the Constitutional Court has decided that the law or normative act be invalidated on another date. A dissenting opinion is published together with the decision.
Article 133
- The acceptance of complaints for adjudication is decided by the number of judges determined by law.
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Constitutionality of legislation
The Constitutional Court takes decisions by a majority of all its members.
Article 134
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Constitutionality of legislation
The Constitutional Court initiates a proceeding only on the request of:
- the President of the Republic;
- the Prime Minister;
- not less than one-fifth of the deputies;
- the head of High State Control;
- any court, under article 145, paragraph 2 of this Constitution;
- the People's Advocate;
- the organs of local government;
- the organs of religious communities;
- political parties and other organizations;
- individuals.
- The subjects contemplated in subparagraphs f (dh), g, h, i and j of paragraph 1 of this article may make a request only for issues related to their interests.
PART 9. THE COURTS
Article 135
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Structure of the courts
The judicial power is exercised by the High Court, as well as by the courts of appeal and courts of first instance, which are established by law.
- The Assembly may by law establish courts for particular areas, but in no case an extraordinary court.
Article 136
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Supreme court selection
The members of the High Court are appointed by the President of the Republic with the consent of the Assembly.
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Supreme court selection
One of the members is appointed President following the procedure contemplated by paragraph 1 of this article.
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Supreme court term length, Supreme court term limits
The President and members of the High Court hold office for 9 years without the right of re-appointment.
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Ordinary court selection
The other judges are appointed by the President of the Republic upon the proposal of the High Council of Justice.
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Eligibility for supreme court judges, Eligibility for ordinary court judges
Only citizens with higher legal education may be judges. The conditions and procedures for selection are defined by law.
Article 137
- A judge of the High Court may be criminally prosecuted only with the approval of the Assembly.
- A judge of the High Court may be detained or arrested only if apprehended while committing a crime or immediately after its commission. The competent organ notifies the Constitutional Court immediately. If the Constitutional Court does not consent within 24 hours to bring the arrested judge before a court, the competent organ is obliged to release him.
- Other judges may be criminally prosecuted only with the approval of the High Council of Justice.
- A judge may be detained or arrested only if apprehended while committing a crime or immediately after its commission. The competent organ notifies the High Council of Justice immediately. If the High Council of Justice does not consent within 24 hours to bringing the arrested judge before a court, the competent organ is obliged to release him.
Protection of judges' salaries, Ordinary court term length
Article 138
The time judges stay in office cannot be limited; their pay and other benefits cannot be lowered.
Mandatory retirement age for judges
Article 139
- The mandate of a High Court judge ends when:
- he is convicted of a crime by a final court decision;
- fails to appear for duty, without reason, for more than six months;
- he reaches 65 years of age;
- he resigns;
- he is declared incapable of acting by a final court decision.
- The end of the mandate of a judge is declared by a decision of the High Court.
Supreme/ordinary court judge removal
Article 140
A judge of the High Court may be removed by the Assembly by two-thirds of all its members for violation of the Constitution, commission of a crime, mental or physical incapacity, or acts and behavior that seriously discredit judicial integrity and reputation. The decision of the Assembly is reviewed by the Constitutional Court, which, when it determines the existence of one of these grounds, declares his removal from office.
Article 141
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Supreme court powers
The High Court has original and review jurisdiction. It has original jurisdiction when adjudicating criminal charges against the President of the Republic, the Prime Minister, members of the Council of Ministers, deputies, judges of the High Court, and judges of the Constitutional Court.
- For the unification or amendment of judicial practice, the High Court has the right to select particular judicial cases for review in the joint colleges.
Supreme court opinions
Article 142
- Judicial decisions shall be reasoned.
- The High Court shall publish its decisions as well as the minority opinions.
- State organs must execute judicial decisions.
Article 143
Being a judge is incompatible with any other state, political or private activity.
Article 144
Courts have a separate budget, which they administer themselves. They propose their budget according to law.
Article 145
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Judicial independence
Judges are independent and subject only to the Constitution and the laws.
- If judges believe that a law is unconstitutional, they do not apply it. In this case, they suspend the proceedings and send the question to the Constitutional Court. Decisions of the Constitutional Court are binding on all courts.
- Interference in the activity of the courts or of the judges entails liability according to law.
Article 146
- Courts render decisions in the name of the Republic.
- In every case judicial decisions are announced publicly.
Supreme/ordinary court judge removal
Article 147
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Establishment of judicial council
The High Council of Justice consists of the President of the Republic, the President of the High Court, the Minister of Justice, three members elected by the Assembly, and nine judges of all levels elected by the National Judicial Conference. Elected members stay in office for five years, without the right of immediate reelection.
- The President of the Republic is the Chairman of the High Council of Justice.
- The High Council of Justice, on the proposal of the President, elects a vice-chairman from its ranks. The vice-chairman organizes the activity of the High Council of Justice and chairs its meetings in the absence of the President of the Republic.
- The High Council of Justice decides on the transfer of judges as well as their disciplinary responsibility pursuant to law.
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Establishment of judicial council
Transfer of judges may not be done without their consent, except when the need for reorganization of the judicial system requires it.
- A judge may be removed by the High Council of Justice for commission of a crime, mental or physical incapacity, acts and behavior that seriously discredit judicial integrity and reputation, or professional insufficiency. The judge has the right to appeal this decision to the High Court, which decides in the joint colleges.
PART 15. ARMED FORCES
Article 166
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Duty to serve in the military
Albanian citizens have the duty to participate in the defense of the Republic of Albania, as provided by law.
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Right to conscientious objection
A citizen who, for reasons of conscience, refuses to serve with weapons in the armed forces is obliged to perform alternative service, as provided by law.
Restrictions on the armed forces
Article 167
- Military servicemen on active duty cannot be elected or appointed to other state duties or take part in political activity or in a party.
- Members of the armed forces or persons who perform alternative service enjoy all the constitutional rights and freedoms, except when the law provides otherwise.
Article 168
- The Armed Forces of the Republic of Albania are composed of the army, navy, and air force.
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Designation of commander in chief
The President of the Republic is the Commander-in-Chief of the Armed Forces.
- The National Security Council is an advisory organ of the President of the Republic.
Article 169
- In time of peace the President of the Republic exercises command of the Armed Forces through the Prime Minister and the Minister of Defense.
- In time of war the President of the Republic appoints and dismisses the Commander of the Armed Forces on the proposal of the Prime Minister.
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Selection of active-duty commanders
On the proposal of the Prime Minister, the President of the Republic appoints and dismisses the Chief of the General Staff, and on the proposal of the Minister of Defense he appoints and dismisses the commanders of the army, navy, and air force.
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Designation of commander in chief, Selection of active-duty commanders
The powers of the President of the Republic as Commander-in-Chief of the Armed Forces and those of the Commander of the Armed Forces, and their subordination to the constitutional organs, are defined by law.
PART 16. EXTRAORDINARY MEASURES
Article 170
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Emergency provisions
Extraordinary measures can be imposed because of a state of war, a state of emergency, or a state of natural disaster and last for as long as these conditions continue.
- The principles of operation of public organs, and the extent of the restriction of human rights and freedoms during the existence of the situations that require extraordinary measures, are defined by law.
- A law shall define the principles, areas, and manner of compensation for losses caused as a result of the restriction of human rights and freedoms during the period in which extraordinary measures are imposed.
- Actions taken as a result of extraordinary measures shall be in proportion to the level of risk and shall aim at re-establishing conditions for the normal operation of the state as soon as possible.
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Emergency provisions
During situations that require the imposition of extraordinary measures, none of the following acts may be changed: the Constitution, the laws on the election of the Assembly and of local government organs, and the laws on extraordinary measures.
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Emergency provisions
During the period of extraordinary measures, local elections may not be held, a referendum may not be held, and a new President of the Republic may not be elected. Local elections may be held only where the extraordinary measures are not in effect.
Article 171
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Power to declare/approve war, Emergency provisions
In the case of armed aggression against the Republic of Albania, the President of the Republic, at the request of the Council of Ministers, declares a state of war.
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International law, Emergency provisions
In a case of external threat, or when a common defense obligation derives from an international agreement, the Assembly, on the proposal of the President of the Republic, declares a state of war, and imposes a state of general or partial mobilization or demobilization.
Power to declare/approve war
Article 172
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Emergency provisions
In the case of paragraph 1 of article 171, the President of the Republic submits to the Assembly a decree for establishing a state of war within 48 hours of its signing, specifying the rights that are restricted.
- The Assembly immediately discusses and decides, by a majority of all its members, upon the decree of the President.
Article 173
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Emergency provisions
In the case of a threat to the constitutional order and public security, the Assembly, at the request of the Council of Ministers, may impose a state of emergency in a part or in the whole territory of the State, which lasts for as long as this threat continues, but no longer than 60 days.
- When a state of emergency is imposed, and if the police are not able to restore order, the Assembly decides to call on the armed forces to intervene.
- The duration of the state of emergency may be extended only with the consent of the Assembly every 30 days for a period of time not longer than 90 days.
Emergency provisions
Article 174
- For preventing or eliminating the consequences of natural disasters or technological accidents, the Council of Ministers may impose for a period of not longer than 30 days a state of natural disaster in a part or the whole territory of the State.
- A state of natural disaster may be extended only with the consent of the Assembly.
Emergency provisions
Article 175
- During a state of war or a state of emergency, the rights and freedoms contemplated by articles 15; 18; 19; 20; 21; 24; 25; 29; 30; 31; 32; 34; 39, paragraph 1; 41, paragraphs 1, 2, 3, and 5; 42; 43; 48; 54; 55 may not be restricted.
- During a state of natural disaster, the rights and freedoms contemplated by articles 37; 38; 41, paragraph 4; 49; 51 may be restricted.
- Acts declaring a state of war, emergency or natural disaster shall specify the rights and freedoms that are restricted according to paragraphs 1 and 2 of this article.
Article 176
When the Assembly cannot convene during a state of war, the President of the Republic, on the proposal of the Council of Ministers, may issue acts having the force of law, which shall be approved by the Assembly at its first meeting.
PART 17. AMENDING THE CONSTITUTION
Constitution amendment procedure
Article 177
- An initiative for amending the Constitution may be taken by not less than one-fifth of the members of the Assembly.
- No amendment to the Constitution may take place when extraordinary measures are in effect.
- A proposed amendment is approved by not less than two-thirds of all members of the Assembly.
- The Assembly may decide, by two-thirds of all its members, that the proposed constitutional amendments be voted on in a referendum. The proposed constitutional amendment becomes effective after ratification by referendum, which takes place not later than 60 days after its approval by the Assembly.
- An approved constitutional amendment is submitted to referendum when one-fifth of the members of the Assembly request it.
- The President of the Republic cannot return for re-consideration a constitutional amendment approved by the Assembly.
- An amendment approved by referendum is promulgated by the President of the Republic and becomes effective on the date provided for in it.
- An amendment of the Constitution cannot be made unless a year has passed since the rejection by the Assembly of a proposed amendment on the same issue or three years have passed from its rejection by referendum.