Albania 1998 (rev. 2016) Subsequently amended

Article 1

1. Type of government envisioned
   Albania is a parliamentary republic.
2. The Republic of Albania is a unitary and indivisible state.
3. Governance is based on a system of elections that are free, equal, general and periodic.

Article 2

1. Sovereignty in the Republic of Albania belongs to the people.
2. The people exercise sovereignty through their representatives or directly.
3. For the maintenance of peace and national interests, the Republic of Albania may take part in a system of collective security, on the basis of a law approved by a majority of all the members of the Assembly.

Article 3

Article 4

1. The law constitutes the basis and the boundaries of the activity of the state.
2. The Constitution is the highest law in the Republic of Albania.
3. The provisions of the Constitution are directly applicable, except when the Constitution provides otherwise.

Article 5

Article 6

Article 6-1

Article 7

Article 8

1. The Republic of Albania protects the national rights of the Albanian people who live outside its borders.
2. The Republic of Albania protects the rights of its citizens with a temporary or permanent residence outside its borders.
3. The Republic of Albania assures assistance for Albanians who live and work abroad in order to preserve and develop their ties with the national cultural inheritance.

Article 9

1. Right to form political parties
   Political parties are created freely. Their organization shall conform to democratic principles.
2. Prohibited political parties
   Political parties and other organizations, whose programs and activity are based on totalitarian methods, that incite and support racial, religious, regional or ethnic hatred, that use violence to take power or influence state policies, as well as those with a secret character, are prohibited pursuant to the law.
3. The financial sources of parties as well as their expenses are always made public.

Article 10

1. In the Republic of Albania there is no official religion.
2. The state is neutral in questions of belief and conscience, and also, it guarantees the freedom of their expression in public life.
3. The state recognizes the equality of religious communities.
4. Separation of church and state
   The state and the religious communities mutually respect the independence of one another and work together for the good of each of them and for all.
5. Relations between the state and religious communities are regulated on the basis of agreements achieved between their representatives and the Council of Ministers. These agreements are ratified by the Assembly.
6. Religious communities are legal entities. They have independence in the administration of their properties according to their principles, rules and canons, to the extent that interests of third parties are not infringed.

Article 11

1. The economic system of the Republic of Albania is based on private and public property, as well as on a market economy and on freedom of economic activity.
2. Private and public property are equally protected by law.
3. Limitations on the freedom of economic activity may be established only by law and for important public reasons.

Article 12

1. The armed forces secure the independence of the country, as well as protect its territorial integrity and constitutional order.
2. Restrictions on the armed forces
   The armed forces maintain neutrality in political questions and are subject to civilian control.

Article 13

Article 14

1. Official or national languages
   The official language in the Republic of Albania is Albanian.
2. National flag
   The national flag is red with a two-headed black eagle in the centre.
3. The seal of the Republic of Albania presents a red shield with a black, two-headed eagle in the centre. At the top of the shield, in gold colour, is the helmet of Skanderbeg.
4. National anthem
   The national anthem is "United Around Our Flag."
5. The National Holiday of the Republic of Albania is the Flag Day, November 28.
6. National capital
   The capital city of the Republic of Albania is Tirana.
7. National anthem
   The form and dimensions of the national symbols, the content of the text of the national anthem, and their use shall be regulated by law.

CHAPTER I. GENERAL PRINCIPLES

CHAPTER II. PERSONAL RIGHTS AND FREEDOMS

CHAPTER III. POLITICAL RIGHTS AND FREEDOMS

CHAPTER IV. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND FREEDOMS

CHAPTER V. SOCIAL OBJECTIVES

CHAPTER VI. PEOPLE'S ADVOCATE

CHAPTER I. ELECTION AND TERM

CHAPTER II. THE DEPUTIES

CHAPTER III. ORGANIZATION AND FUNCTIONING

CHAPTER IV. THE LEGISLATIVE PROCESS

Article 86

1. Name/structure of executive(s)
   The President of the Republic is the Head of State and represents the unity of the people.
2. Minimum age of head of state, Eligibility for head of state
   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. The 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.
2. The President of the Republic is elected by secret vote and without debate by the Assembly. The Assembly conducts up to five voting rounds 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.

3. 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.
4. 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.

5. 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.
6. The subsequent Assembly elects the President of the Republic by a majority of all its members.

Article 88

1. 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 of re-election only once.
2. Emergency provisions
   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.
3. Scheduling of elections
   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 ends 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 ending of the mandate of the Assembly.
4. God or other deities, Oaths to abide by constitution
   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!"

5. A President who resigns before the end of his mandate cannot be a candidate in the presidential election that takes place after his resignation.

Article 89

Article 90

1. Head of state immunity
   The President of the Republic is not held responsible for acts carried out in the exercise of his duty.
2. Head of state removal
   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 to discharge 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. Constitutional court powers, Head of state removal
   The decision of the Assembly is sent to the Constitutional Court, which, when it proves the culpability 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 post remains vacant, the Chairman of the Assembly takes his post 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 conclusively proves the fact of his incapacity. When the incapacity is proved, the post of the President remains vacant and the election of the new President begins within 10 days from the date the incapacity is proved.

Article 92

Article 93

Article 94

Article 95

1. Name/structure of executive(s), Deputy executive
   The Council of Ministers consists of the Prime Minister, deputy prime minister, and ministers.
2. Powers of cabinet
   The Council of Ministers exercises every state function that is not given to other bodies of State power or local government.

Article 96

1. The President of the Republic, at the beginning of the legislature, as well as when the post of the Prime Minister remains vacant, appoints the Prime Minister on the proposal of the party or coalition of parties that have the majority of seats in the Assembly.
2. When the appointed Prime Minister is not approved by the Assembly, the President appoints a new Prime Minister within 10 days.
3. When even 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.
4. Dismissal of the legislature
   If the Assembly fails to elect a new Prime Minister, the President of the Republic dissolves the Assembly.

Article 97

Article 98

1. Cabinet removal, Cabinet selection
   A minister is appointed and dismissed by the President of the Republic, on the proposal of the Prime Minister, within 7 days.
2. The decree is reviewed by the Assembly within 10 days.

Article 99

Article 100

1. Powers of cabinet
   The Council of Ministers determines the principal directions of the general state policy.
2. The Council of Ministers takes decisions upon the proposal of the Prime Minister or the respective minister.
3. Meetings of the Council of Ministers are closed.
4. Acts of the Council of Ministers are valid when signed by the Prime Minister and the proposing minister.
5. The Council of Ministers issues decisions and instructions.

Article 101

Article 102

1. The Prime Minister:
   1. represents the Council of Ministers and chairs its meetings;
   2. outlines and presents the principal directions of general state policy and is responsible for them;
   3. assures the implementation of legislation and policies approved by the Council of Ministers;
   4. coordinates and supervises the work of the members of the Council of Minister and other institutions of the central state administration;
   5. performs other duties prescribed in the Constitution and the laws.
2. The Prime Minister resolves disagreements between ministers.
3. The Prime Minister, in the exercise of his powers, issues orders.
4. The minister, within the principal directions of general state policy, directs, under his responsibility, actions for which he has powers. The minister, in the exercise of his powers, issues orders and instructions.

Article 103

1. Eligibility for cabinet, Eligibility for head of government
   Anyone who has the capacity to be a deputy may be appointed a minister.
2. A minister may not exercise any other state function nor be a director or member of the bodies of profit-making companies.
3. Head of government immunity
   Members of the Council of Ministers enjoy the immunity of a deputy.

Article 104

1. The Prime Minister is entitled to present to the Assembly a motion of confidence for 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.
2. 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.
3. The voting of the motion may not take place unless three days have passed since its submission.

Article 105

1. One-fifths of the Members of Assembly 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.
2. 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.
3. 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

Article 107

1. Public employees apply the law and are in the service of the people.
2. Civil service recruitment
   Employees in the public administration are selected through competition, except when the law provides otherwise.
3. Guarantees of tenure and legal treatment of public employees are regulated by law.

Article 108

1. The units of local government are communes or municipalities and regions. Other units of local government are regulated by law.
2. The territorial-administrative division of the units of local government are established by law on the basis of mutual economic needs and interests and historical tradition. Their borders may not be changed without first taking the opinion of the inhabitants.
3. Communes and municipalities are the basic units of local government. They perform all the duties of self-government, with the exception of those that the law gives to other units of local government.
4. Self-government in the local units is exercised through their representative organs and local referenda. The principles and procedures for the organization of local referenda are provided by law in accordance with article 151, paragraph 2.

Article 109

1. The representative authorities of the basic local governance shall be the councils, which are elected in every four years, through general, direct and secret voting.
2. The executive organ of a municipality or commune is the Chairman, who is elected directly by the people in the manner provided for in paragraph 1 of this article.
3. Only citizens who have a permanent residence in the territory of the respective local entity have the right to be elected to the local councils and as chairman of the municipality or commune.
4. 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 also to be represented in international organizations of local powers.

Article 110

1. A region consists of several basic units of local government with traditional, economic and social ties and joint interests.
2. The region is the unit in which regional policies are constructed and implemented and where they are harmonized with state policy.
3. 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 always at least one member. The chairperson of communes and municipalities are always members of the Regional Council. Other members are elected through proportional lists from among the municipal or communal councillors by their respective councils.
4. The Regional Council has the right to issue orders and decisions with general obligatory force for the region.

Article 111

1. The units of local government are legal entities.
2. The units of local government have an independent budget, which is created in the manner provided by law.

Article 112

1. Powers of state administration by law may be delegated to units of local government. Expenses that are incurred in the exercise of the delegation are covered by the state.
2. Bodies of local government are assigned duties only in compliance with law or according to agreements achieved by them. The expenses that are connected with the duties assigned by law to the bodies of local government are covered by the budget of the state.

Article 113

1. The councils of the communes, municipalities and regions:
   1. regulate and administer in an independent manner local issues within their jurisdiction;
   2. exercise the rights of ownership, administer in an independent manner the income created, and also have the right to exercise economic activity;
   3. have the right to collect and spend the income that is necessary for the exercise of their functions;
   4. have the right, in compliance with law, to establish local taxes as well as their level;
   5. establish rules for their organization and functioning in compliance with law;
   6. create symbols of local government as well as local titles of honour;
   7. undertake initiatives for local issues before the bodies defined by law.
2. The bodies of local government issue directives, decisions and orders.
3. The rights of self-government of the units of local government are protected in court.

Article 114

Article 115

1. A directly elected body of a local government unit may be dissolved or discharged by the Council of Ministers for serious violations of the Constitution or the laws.
2. The dissolved or discharged body has the right to complain, within 15 days, to the Constitutional Court, and in this case, the decision of the Council of Ministers is suspended.
3. If the right to complain is not exercised within 15 days, or when the Constitutional Court upholds the decision of the Council of Ministers, the President of the Republic sets a date for holding of elections of the respective unit of local government.

CHAPTER I. NORMATIVE ACTS

CHAPTER II. INTERNATIONAL AGREEMENTS

Article 124

1. Constitutional interpretation
   The Constitutional Court settles constitutional disputes and makes the final interpretation of the Constitution.
2. The Constitutional Court is subject only to the Constitution.
3. The Constitutional Court shall have a separate budget, which it administers independently.

Article 125

1. Constitutional court selection
   The Constitutional Court shall consist of 9 (nine) members. Three members shall be appointed by the President of the Republic, three members shall be elected by the Assembly and three members shall be elected by the High Court. The members shall be selected among the three first ranked candidates by the Justice Appointments Council, in accordance with the law.
2. Constitutional court selection
   The Assembly shall appoint the Constitutional Court judges by three-fifth majority of its members. If the Assembly fails to appoint the judges, within 30 days of the submission of the list of candidates by the Justice Appointment Council, the first ranked candidate shall be deemed appointed.
3. Constitutional court term limits, Constitutional court term length
   The judges of the Constitutional Court shall be appointed for a 9 year mandate without the right to re-appointment.
4. Eligibility for const court judges
   The judge of the Constitutional Court shall have a law degree, at least 15 years of experience as judges, prosecutors, advocates, law professors or lectors, senior employees in the public administration, with a renowned activity in the constitutional, human rights or other areas of law.
5. Eligibility for const court judges
   The judge shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. Further criteria and the procedure for the appointment and election of judges of the Constitutional Court shall be provided for by law.
6. One-third of the composition of the Constitutional Court shall be renewed every 3 years in accordance with the law.
7. The Constitutional Court judge shall continue to stay in office until the appointment of the successor, except under cases of Article 127, paragraph 1, subparagraph c, ç), d), and dh).

Article 126

Article 127

1. Constitutional court removal
   The mandate of Constitutional Court judges shall end, upon:
   1. Mandatory retirement age for judges
      reaching the age of 70 years;
   2. the expiry of the 9 year mandate;
   3. his or her resignation;
   4. dismissed in accordance with the provisions of article 128 of the Constitution;
   5. establishing the conditions of inelectibility and incompatibility;
   6. establishing incapacity to exercise the duties;
2. The end of the mandate of the Constitutional Court judge shall be declared upon the decision of the Constitutional Court.
3. Where the position of a judge remains vacant, the responsible organ shall appoint a new judge, the latter staying in office until the expiry of the mandate of the outgoing judge.

Article 128

1. The Constitutional Court judge shall be disciplinarily liable in accordance with the law.
2. Constitutional court powers
   The disciplinary procedure against a judge is adjudicated by the Constitutional Court, which decides on dismissal if he or she:
   1. Commits serious professional or ethical misconduct which discredit the figure and the position of the judge during the exercise of his or her mandate; or
   2. Is convicted with final court decision for commission of a crime.
3. The judge of the Constitutional Court is suspended from its duty upon decision of the Constitutional Court when:
   1. against him or her the personal security measure of pre-detention or home arrest is given for commission of a criminal offence;
   2. he or she is accused for a serious crime committed with intention; or
   3. upon initiation of the disciplinary proceeding in accordance with the law.

Article 129

Article 130

Article 131

1. The Constitutional Court decides on:
   1. International law
      compatibility of the law with the Constitution or with international agreements as provided for in Article 122;
   2. Legal status of treaties, International law
      compatibility of international agreements with the Constitution, prior to their ratification;
   3. International law, Federal review of subnational legislation
      compatibility of normative acts of the central and local bodies with the Constitution and international agreements;
   4. conflicts of competencies between powers, as well as between central government and local government;
   5. Regulation of political parties
      constitutionality of the parties and other political organizations, as well as their activity, according to Article 9 of this Constitution;
   6. Head of state removal
      dismissal from duty of the President of the Republic and verification of his inability to exercise his functions;
   7. issues related to the electability and incompatibility in exercising the functions of the President of the Republic, members of the parliament, officials of the other organs mentioned in the Constitution, as well as to the verification of their election.
   8. Referenda
      constitutionality of the referendum and verification of its results;
   9. final examination of the complaints of individuals after all effective legal means for the protection of those rights have been exhausted against the acts of the public power or judicial acts impairing the fundamental rights and freedoms guaranteed by the Constitution, unless provided elsewhere by the Constitution.
2. The Constitutional Court, in case it is set a motion to control the constitutionality of a law approved by the Assembly on the revision of the Constitution, according to article 177, it controls only the compliance with the procedural requirements foreseen in the Constitution.

Article 132

1. The decisions of the Constitutional Court shall be final and binding for enforcement.
2. The decisions of the Constitutional Court shall enter in force on the day of their publication in the Official Journal. The Constitutional Court may decide that its decision, which has examined the act, gives effect on another date.
3. Constitutional court opinions
   The minority’s opinion shall be published along with the final decision.

Article 133

1. The admission of complaints for adjudication shall be decided by a number of judges as determined by law.
2. Constitutionality of legislation
   Final decisions of the Constitutional Court shall be decided with the majority of all members, unless otherwise regulated by law.

Article 134

1. Constitutionality of legislation
   Recourse to the Constitutional Court shall be only upon the request of:
   1. President of the Republic;
   2. Prime Minister;
   3. not less than one-fifth of the members of Assembly;
   4. Ombudsman;
   5. Head of High State Audit;
   6. any court, in the event of Article 145, point 2, of this Constitution;
   7. any commissioner established by law for the protection of the fundamental rights and freedoms guaranteed by the Constitution;
   8. Establishment of judicial council
      High Judicial Council and High Prosecutorial Council;
   9. local governance units;
   10. religious communities forums;
   11. political parties;
   12. organizations;
   13. Individuals.
2. The entities provided for in sub-paragraphs d, dh, e, ë, f, g, gj, h, and i of paragraph 1 of this Article may file a request only regarding the issues connected to their interests.

Article 135

1. Structure of the courts
   The judicial power shall be assumed by the High Court as well as by the appeal courts, first instance courts, which shall be established by law.
2. Courts for judging public officials
   Specialized courts shall be competent to adjudicate corruption and organized crime, as well as criminal offences committed by the President of the Republic, Speaker of the Assembly, Prime Minister, the member of the Council of Ministers, the judge of the Constitutional Court, and High Court and the Prosecutor General, High Justice Inspector, the Mayor, Deputy of the Assembly, deputy minister, the member of the High Judicial Council and High Prosecutorial Council, and heads of central or independent state institutions as defined by the Constitution or by law, as well as charges against former above mentioned officials.
3. The Assembly may establish by law other specialized courts; however, under no circumstances shall it establish extraordinary courts.
4. Telecommunications, Establishment of judicial council
   Judges of these specialized courts provided in paragraph 2 of this article are appointed by the High Judicial Council in accordance with the law. Judges of the specialized courts may only be removed from the office with a 2/3 majority of the High Judicial Council. The candidates for judges and judicial civil servant in the specialized courts, as well as their close family members, prior to their appointment, must successfully pass a review of their assets and their background and shall consent to periodic reviews of their financial accounts and personal telecommunications, in accordance with the law.

Article 136

1. Supreme court term limits, Supreme court term length, Supreme court selection, Establishment of judicial council
   The judges of the High Court shall be appointed by the President of the Republic upon proposal of the High Judicial Council, with a 9 years mandate, without the right to re-appointment.
2. Supreme court selection, Establishment of judicial council
   The President of the Republic within 10 days following the day of the decision of the High Judicial Council shall appoint the judge of the High Court, with the exception when there are grounds of his or her insufficient qualifications or ineligibility in accordance with the law. The decree of the President of the Republic to reject the candidate loses its effect when the majority of the members of High Judicial Council vote against the decree. In this case, as well in case the President does not express him or herself, the candidate shall be deemed appointed and shall take office within 15 days following the date of the High Judicial Council’s decision.
3. Eligibility for supreme court judges
   The judges of the High Court shall be selected from the ranks of the judges with at least 13 years of experience. One-fifth of the judges may be selected from among those renowned jurists with not less than 15 years of experience having worked as advocates, law professors or lectors, senior employees in the public administration or other practice of law. Candidates who are not from the ranks of judges must have an academic grade in law.
4. Eligibility for supreme court judges
   The judges who are not from the ranks of the judges shall not have held a political post in the public administration or a leadership position in a political party in the past 10 years before becoming candidate. Further criteria and the procedure for the appointment and election of judges shall be regulated by law.
5. The High Court judge shall continue to stay in office until the appointment of the successor, except in cases under Article 139, paragraph 1, subparagraph c), ç), d) and dh).

Article 136-a

1. Establishment of judicial council
   Judges are Albanian citizens appointed by the High Judicial Council after finishing the School of Magistrates and after passing a preliminary evaluation of their assets and their background, in accordance with the law.
2. Further criteria for the selection and appointment of the judge are regulated by law.

Article 137

Article 138

Article 139

1. The mandate as High Court judge shall end, upon:
   1. Mandatory retirement age for judges
      reaching the retirement age;
   2. the expiry of the 9 year mandate;
   3. his or her resignation;
   4. dismissed as provided in Article 140 of the Constitution;
   5. establishing the conditions of inelectibility and incompatibility;
   6. establishing incapacity to exercise the duties;
2. The end of the mandate of the High Court judge shall be declared upon the decision of the High Court.
3. The procedure for the appointment of the judge as a judge in a different court upon expiry of mandate is regulated by law.

Article 140

1. The judge shall be disciplinarily liable in accordance with the law.
2. Establishment of judicial council, Supreme/ordinary court judge removal
   The judge shall be dismissed upon decision of the High Judicial Council when he or she:
   1. commits serious professional or ethical misconduct which discredit the figure and the position of the judge during the exercise of his or her duties; or
   2. is convicted with final court decision for commission of a crime.
3. Establishment of judicial council
   The judge is suspended from its duty upon decision of the High Judicial Council when:
   1. against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or
   2. he or she is accused for a serious crime committed with intention;
   3. upon initiation of the disciplinary proceedings in accordance with the law.
4. Against the dismissal decision, appeal can be filed at the Constitutional Court.

Article 141

1. The High Court shall decide cases relating to the meaning and application of the law in order to ensure the unification or evolution in the judicial practice, in accordance with the law.
2. For the change of the judicial practice, the High Court shall draw for review by the Joint Chambers, specific judicial issues decided by the chambers, in accordance with the law.

Article 142

1. Judicial decisions must be reasoned.
2. The High Court must publish its decisions as well as minority opinions.
3. The state bodies are obliged to execute judicial decisions.

Article 143

Article 144

Article 145

1. Judicial independence
   Judges are independent and subject only to the Constitution and the laws.
2. Constitutionality of legislation
   When judges find that a law comes into conflict with the Constitution, they do not apply it. In this case, they suspend the proceedings and send the case to the Constitutional Court. Decisions of the Constitutional Court are binding for all courts.
3. Interference in the activity of the courts or the judges entails liability according to law.

Article 146

1. Courts shall render their decisions in the name of the Republic.
2. The judicial decisions shall, under all circumstances, be announced publicly.

Article 147

1. The High Judicial Council shall ensure the independence, accountability and appropriate functionality of the judicial power in the Republic of Albania.
2. The High Judicial Council shall be composed of 11 members, six of which are elected by the judges of all levels of the judicial power and five members are elected by the Assembly among jurists who are non-judges.
3. The judge members shall be selected from judges of high moral integrity and professional proficiency in accordance with an open and transparent procedure that ensures a fair representation of all levels of the judiciary. The lay member shall be selected among highly qualified jurist, with no less than 15 years of professional experience, of high moral and professional integrity. The lay member shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. Further criteria and the procedure for selecting and ranking the candidates are provided by law.
4. Two lay members shall be elected from the advocates, two from the corps of law professors and the School of Magistrates and one shall be from civil society. The Secretary General of the Assembly, based on an open call and transparent procedure, shall announce the vacancies in accordance with the law.
5. The Secretary General of the Assembly, not later than 10 days from the presentation of the applications, shall verify if the candidates fulfill the criteria foreseen in the Constitution and the law and assess the professional and moral criteria to be a member of the High Judicial Council. In case the candidates do not fulfil the criteria to be elected, the Secretary General of the Assembly deletes candidates from the list.
6. The Secretary General of the Assembly, upon completion of the verification sends immediately to the parliamentary committee under paragraph 7 of this article the list of candidates who fulfill the formal criteria.
7. Legislative committees
   The parliamentary committee responsible for legal issues establishes a subcommittee for the further assessment and selection of candidates not later than three days from the submission of the list. The subcommittee is composed of five members of the Assembly, three members nominated by the parliamentary majority and two by the opposition. The subcommittee may with at least four votes include a candidate who was previously removed from the list by the Secretary General of the Assembly. The subcommittee selects the candidates supported by 4 members. In case the majority cannot be reached the candidate shall be selected by lot.
8. Legislative committees
   The selections from the subcommittee are consolidated into one list and sent to the Chairman of the Assembly. Within ten days, the Assembly may reject the entire list of candidates as a block by a majority of two-thirds. If the list is rejected, the procedure shall be repeated by the subcommittee under paragraph 7 of this article, but no more than two times. If the Assembly after the competition of the procedure for the third time, has not approved the presented list, the candidates of this list shall be deemed elected. Detailed procedures shall be regulated by law.
9. The Chairperson of the High Judicial Council is elected by its members from the ranks of the lay members in accordance with the law.
10. Members of the High Judicial Council shall practice their duty full-time for a period of five years without the right of immediate re-election. At the end of the term, the judge members return to their previous working positions. The mandate of judges of the High Court, or specialized courts shall be suspended during the period of time of their service as member of High Judicial Council. The lay members who before the appointment worked full time in the public sector shall return to the previous working positions or, if not possible, to positions equivalent to them.

Article 147-a

1. The High Judicial Council shall exercise the following powers:
   1. appoints, evaluates, promotes and transfers judges of all levels;
   2. decides on disciplinary measures on judges of all levels;
   3. Supreme court selection
      proposes to the President of the Republic candidates for judges of the High Court in accordance with the law;
   4. approves the rules of judicial ethics and monitors their observation;
   5. directs and manages the administration of the courts with the exception of the management of the information technology structure of the courts, which is regulated upon decision of the Council of Ministers;
   6. proposes and administers its own budget and the budget of the courts;
   7. informs the public and the Assembly on the state of the judicial system;
   8. exercises other powers defined by law.
2. The law may provide the establishment of decision making sub-bodies of the High Judicial Council.
3. The Minister of Justice may participate, without the right to vote, in the meetings of the High Judicial Council when issues of strategic planning and budget of the judiciary are discussed.

Article 147-b

1. The mandate of the member of the High Judicial Council shall end upon:
   1. reaching the retirement age;
   2. expiry of the 5 year mandate;
   3. his or her resignation;
   4. dismissal in accordance with the provisions of 147-c;
   5. establishing the conditions of inelectibility and incompatibility;
   6. establishing of incapacity to exercise the duties;
2. The expiry of the mandate of the member shall be declared upon a decision of the High Judicial Council.
3. Where the position of the member remains vacant, the body having appointed the preceding member, shall, under Article 147, appoint the new member, the latter staying in office until the expiry of the member of the outgoing member.
4. The member shall continue to stay in office until the appointment of the successor, except under cases provided in subparagraph c), ç), d) and dh) of paragraph 1 of this article.

Article 147-c

1. The member of the High Judicial Council shall be disciplinarily liable in accordance with the law.
2. Constitutional court powers
   The member shall be dismissed upon decision of the Constitutional Court if he or she:
   1. commits serious professional or ethical misconduct;
   2. is convicted with final court decision for commission of a crime.
3. Constitutional court powers
   The member is suspended from its duty upon decision of the Constitutional Court when:
   1. against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or
   2. he or she is accused for a serious crime committed with intention.
   3. upon initiation of the disciplinary proceedings in accordance with the law.

Article 147ç

Article 147-d

1. The High Justice Inspector shall be responsible for the verification of complaints against judges and prosecutors of all levels, members of the High Judicial Council, High Prosecutorial Council and Prosecutor General, as well as for the investigation, on its own initiative, of the disciplinary misconduct and initiation of disciplinary procedure against them, in accordance with the law.
2. The High Justice Inspector shall also be responsible for inspecting the courts and prosecution offices as institutions.
3. The High Justice Inspector is elected upon three fifth majority of all members of the Assembly, for nine years, without the right to re-election, among highly qualified jurists with no less than 15 years of professional experience, of high moral and professional integrity. He or she shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate.
4. The High Justice Inspector is elected from the list of five candidates selected and ranked by the Justice Appointment Council based on a transparent and open procedure of the most qualified candidates. If the Assembly does not reach the majority of three-fifths for any of the candidates, within 30 days of receiving the list, the highest ranking candidate is automatically appointed.
5. The High Justice Inspector shall have the status of the High Court judge.
6. The procedures for the decision making of the High Justice Inspector are regulated by law. Decision imposing sanctions on inspectors shall be appealed at the Constitutional Court.

Article 147-dh

1. The mandate of the High Justice Inspector ends when:
   1. reaching the retirement age;
   2. ends the mandate of 9 years;
   3. his or her resignation;
   4. dismissal in accordance with article 147-e of the Constitution;
   5. establishing the conditions of inelectibility and incompatibility;
   6. establishing the incapacity to exercise the duties;
2. The end of the mandate of the High Justice Inspector is declared by decision of the joint meeting of the High Judicial Council and High Prosecutorial Council.
3. The High Justice Inspector remains in duty until the appointment of the new Inspector, except under cases under paragraph 1, subparagraph c, ç), d), and dh).
4. After the end of the mandate and upon his or her request, the High Justice Inspector shall be appointed in the position he or she held before the appointment or in positions equivalent to them.

Article 147-e

1. The High Justice Inspector shall be disciplinarily liable in accordance with the law.
2. Constitutional court powers
   The High Justice Inspector shall be dismissed upon decision of the Constitutional Court if he or she:
   1. commits serious professional or ethical misconduct;
   2. is convicted with final court decision for commission of a crime;
3. Legislative committees
   A parliamentary investigative comittee shall investigate allegations of misconduct by the High Justice Inspector, respecting his or her rights to a fair trial. The parlametary invetigative comittee proposes the dismissal of the High Justice Inspector in cases when he or she finds out misconducts as provided in paragraph 2 of this article in accordance with the law.
4. Constitutional court powers
   The High Justice Inspector is suspended from its duty upon decision of the Constitutional Court when:
   1. against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or
   2. he or she is accused for a serious crime committed with intention;
   3. upon initiation of the disciplinary proceedings in accordance with the law.

Article 147ë

Article 148

1. The Prosecution Office exercises criminal prosecution and represents accusation in court on behalf of the state. The Prosecution Office performs other duties in accordance with the law.
2. The Prosecution Office is an independent body, which shall ensure the coordination and control of its actions as well as respects the internal independence of prosecutors to investigate and prosecute, in accordance with the law.
3. The prosecution is organized and functions near the judiciary system.
4. A Special Prosecution Office, which is independent from the Prosecutor General, and an independent investigation unit, shall investigate and prosecute corruption, organized crime and crimes in accordance with article 135 paragraph 2 of the Constitution. The independent investigation unit shall be subordinate to the Special Prosecution Office.

Article 148-a

1. The Prosecutor General is appointed by three-fifths of the members of Assembly among three candidates proposed by the High Prosecutorial Council, for a seven-year, non-renewable mandate.
2. The High Prosecutorial Council shall select and rank the three most qualified candidates, based on an open and transparent procedure and forwards them to the Assembly, in accordance with the law.
3. The Prosecutor General shall be selected among highly qualified jurists, with no less than 15 years of professional experience as jurists, of high moral and professional integrity, that have graduated from the School of Magistrates or academic degree in law. He or she shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate.
4. If the Assembly cannot elect the Prosecutor General within 30 days of receiving the proposals from the High Prosecutorial Council, the highest ranking candidate is automatically appointed.
5. After the end of the mandate and upon his or her request, the Prosecutor General shall be appointed in the position he or she held before the appointment or as judge in the Court of Appeal.

Article 148-b

1. represents accusation in the High Court and cases before the Constitutional Court, unless represented by prosecutors of the Special Prosecution Office;
2. issues only written general guidance to prosecutors, with the exception of prosecutors of the Special Prosecution Office;
3. manages the Prosecution Office administration, with the exception of the administration of the Special Prosecution Office. The establishment and management of the information technology structure is regulated upon decision of the Council of Ministers;
4. proposes and administers the budget of the Prosecution Office with the exception of the budget for the Special Prosecution Office;
5. reports to the Assembly on the situation of criminality;
6. exercises other powers defined by law.

Article 148-c

1. The mandate of the Prosecutor General ends when:
   1. reaches the retirement age;
   2. expiry of the 7 year mandate;
   3. his or her resignation;
   4. dismissal according to a procedure provided in article 149-c;
   5. establishing the conditions of inelectibility and incompatibility;
   6. establishing the incapacity to exercise the duties;
2. The termination of the mandate of the Prosecutor General is declared by decision of the High Prosecutorial Council.

Article 148ç

1. Prosecutors are Albanian citizens appointed by the High Prosecutorial Council after finishing the School of Magistrates and after a passing an evaluation of their assets and their background in accordance with the law.
2. Further criteria for the selection and appointment of prosecutors are regulated by law.

Article 148-d

1. The prosecutor shall be disciplinarily liable in accordance with the law.
2. The prosecutor shall be dismissed upon decision of the High Prosecutorial Council when he or she:
   1. commits serious professional or ethical misconduct which discredits the figure and the position of the prosecutor during the exercise of his or her duties; or
   2. is convicted with final court decision for commission of a crime.
3. Against the dismissal decision, appeal can be filed at the Constitutional Court.
4. The prosecutor is suspended from its duty upon decision of the High Prosecutorial Council when:
   1. against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or
   2. he or she is accused for a serious crime committed with intention;
   3. upon initiation of the disciplinary proceedings in accordance with the law.

Article 148-dh

1. The Special Prosecution Office exercises criminal prosecution and represents accusation in the specialized courts under article 135 paragraph 2 of the Constitution as well as the High Court.
2. The High Prosecutorial Council shall assign at least 10 prosecutors to the Special Prosecution Office for a 9-year mandate, without the right to re-appointment. Further criteria for the selection of the prosecutors as well as the transparent and open procedure are regulated by law.
3. The Chief Special Prosecutor shall be elected by a majority of the High Prosecutorial Council from the ranks of Special Prosecutors for a three-year term, without the right to re-appointment, in accordance with the law.
4. The special prosecutor may only be removed from the office before their mandate ends in cases of serious misconduct or for commission of a crime with a 2/3 majority of the High Prosecutorial Council.
5. Telecommunications
   The candidate to be special prosecutors, personnel in the Special Prosecution Office and independent investigation unit, as well as their close family members, prior to their appointment, must successfully pass a review of their assets and their background and shall consent to periodic reviews of their financial accounts and personal telecommunications, in accordance with the law.

Article 149

1. The High Prosecutorial Council shall guarantee the independence, accountability, discipline, status and career of Prosecutors in the Republic of Albania.
2. The High Prosecutorial Council shall be composed of 11 members, six of which are elected by the prosecutors of all levels of the Prosecution Office and five members are elected by the Assembly among jurists who are non-prosecutors.
3. The prosecutor members shall be selected from prosecutors of high moral and professional integrity in accordance with an open and transparent procedure that ensures a fair representation of all levels of the prosecution system. The lay member shall be selected among highly qualified jurist, with no less than 15 years of professional experience, of high moral and professional integrity. The lay member shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. Further criteria and the procedure for selecting and ranking the candidates are provided by law.
4. Two lay members shall be elected from the advocates, two from the corps of law professors and the School of Magistrates and one shall be from civil society. The Secretary General of the Assembly, based on an open call and transparent procedure, shall announce the vacancies in accordance with the law.
5. The Secretary General of the Assembly, not later than 10 days from the presentation of the applications, shall verify if the candidates fulfill the criteria foreseen in the Constitution and the law and assess the professional and moral criteria to be a member of the High Prosecutorial Council. In case the candidates do not fulfill the criteria to be elected, the Secretary General of the Assembly deletes candidates from the list.
6. Legislative committees
   The Secretary General of the Assembly, upon completions of the verification sends immediately to the parliamentary committee under paragraph 7 of this article the list of candidates who fulfill the formal criteria.
7. Legislative committees
   The parliamentary committee responsible for legal issues establishes a subcommittee for the further assessment and selection of candidates not later than three days from the submission of the list. The subcommittee is composed of five members of the Assembly, three members nominated by the parliamentary majority and two by the opposition. The subcommittee may with at least four votes include a candidate who was previously removed from the list by the Secretary General of the Assembly. The subcommittee selects the candidates supported by 4 members. In case the majority cannot be reached the candidate shall be selected by lot.
8. Legislative committees
   The selections from the subcommittee are consolidated into one list and sent to the Chairman of the Assembly. Within ten days, the Assembly may reject the entire list of candidates as a block by a majority of two-thirds. If the list is rejected, the procedure shall be repeated by the subcommittee under paragraph 7 of this article, no more than two times. If the Assembly after the competition of the procedure for the third time, has not approved the presented list, the candidates of this list shall be deemed elected. Detailed procedures shall be regulated by law.
9. The Chairperson of the High Prosecutorial Council is elected by its members from the ranks of the lay members in accordance with the law.
10. Members of the High Prosecutorial Council shall practice their duty full-time for a period of five years without the right of immediate re-appointment. At the end of the term, the prosecutor members return to their previous working positions. The mandate of the special prosecutor shall be suspended during the period of time of the exercise of the duties as member of High Prosecutorial Council. The lay members who before the appointment worked full time in the public sector shall return to the previous working positions or, if not possible, to positions equivalent to them.

Article 149-a

1. The High Prosecutorial Council shall exercise the following powers:
   1. appoints, evaluates, promotes and transfers all prosecutors of all levels;
   2. decides on disciplinary measures against all prosecutors of all levels;
   3. proposes to the Assembly candidates for Prosecutor General in accordance with the law;
   4. adopts rules of ethics for prosecutors and supervises their observance;
   5. proposes and administers its own budget;
   6. informs the public and the Assembly on the state of the Prosecution Office; and
   7. exercises other responsibilities as regulated by law.
2. The law shall provide for the establishment of decision-making sub-bodies of the High Prosecutorial Council.

Article 149-b

1. The mandate of the member of the High Prosecutorial Council shall end upon:
   1. reaching the retirement age;
   2. expiry of the 5 year mandate;
   3. his or her resignation;
   4. dismissal according to the provisions of article 149-c;
   5. establishing the conditions of inelectibility and incompatibility;
   6. establishing the incapacity to exercise the duties;
2. The expiry of the mandate of the member shall be declared upon a decision of the High Prosecutorial Council.
3. Where the position of the member remains vacant, the body having appointed the preceding member, shall under Article 149, appoint the new member, the latter staying in office until the expiry of the member of the outgoing member.
4. The member shall continue to stay in office until the appointment of the successor, except under cases provided in subparagraph c), ç), d) and dh) of paragraph 1 of this article.

Article 149-c

1. The Prosecutor General and member of the High Prosecutorial Council shall be disciplinarily liable in accordance with the law.
2. Constitutional court powers
   The Prosecutor General and member shall be dismissed upon decision of the Constitutional Court if he or she:
   1. commits serious professional or ethical misconduct;
   2. is convicted with final court decision for commission of a crime.
3. Constitutional court powers
   The Prosecutor General and member is suspended from its duty upon decision of the Constitutional Court when:
   1. against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or
   2. he or she is accused for a serious crime committed with intention.
   3. upon initiation of the disciplinary proceedings in accordance with the law.

Article 149ç

Article 149-d

1. The Justice Appointments Council is responsible for verifying the fulfillment of legal requirements and assessment of professional and moral criteria of the candidates for the High Justice Inspector, as well as for the members of the Constitutional Court. The Justice Appointments Council examines and ranks the candidates according to their professional merits. The ranking is not binding except when the Assembly fails to make an appointment.
2. The Justice Appointments Council meets whenever it is necessary.
3. Establishment of administrative courts
   The Justice Appointments Council shall consist of nine members selected by lot from the ranks of judges and prosecutors who are not under disciplinary measures, who shall serve a one-year term beginning on January 1 each year. Between December 1 and December 5 of each year, the President shall select by lot two judges of the Constitutional Court, one judge of the High Court, one prosecutor from the Office of the Prosecutor General, two judges and two prosecutors from the Courts of Appeal and one judge from the Administrative Courts. If the President does not make this selection by December 5, the Chairperson of the Assembly shall make the selection by lot before December 10 of the year. The Ombudsperson shall serve as an observer of the selection by lot of the Justice Appointment Council, as well as its meetings and operations.
4. The member from the High Court is Chairperson of the Justice Appointments Council. The High Court creates working conditions for the operation of the Justice Appointments Council.
5. Further qualification criteria of the scale of qualification of candidates participating in the lot and the organization and functioning of the Justice Appointments Council are regulated by law.

Article 150

1. The people, through 50 thousand citizens, who enjoy the right to vote, have the right to a referendum for the abrogation of a law, as well as to request the President of the Republic to hold a referendum about issues of special importance.
2. The Assembly, upon the proposal of not less than one-fifth of the deputies or the Council of Ministers, can decide that an issue or a draft law of special importance be presented for referendum.
3. Principles and procedures for holding a referendum, as well as its validity, are provided by law.

Article 151

1. A law approved by referendum is promulgated by the President of the Republic.
2. Issues related to the territorial integrity of the Republic of Albania, limitations of fundamental human rights and freedoms, budget, taxes, financial obligations of the state, declaration and abrogation of the state of emergency, declaration of war and peace, as well as amnesty, cannot be voted upon in a referendum.
3. A referendum upon the same issue cannot be repeated before 3 years have passed since it was held.

Article 152

1. The Constitutional Court reviews preliminarily the constitutionality of the issues presented for a referendum according to Article 150, paragraphs 1 and 2, Article 151, paragraphs 2 and 3, as well as Article 177, paragraphs 4 and 5, within 60 days.
2. The importance of special issues, as provided in paragraphs 1 and 2 of article 150, is not subject to adjudication in the Constitutional Court.
3. The date of the referendum is set by the President of the Republic within 45 days after the promulgation of the positive decision of the Constitutional Court or after the term within which the Constitutional Court had to have expressed itself has expired.

Article 153

Article 154

Article 155

Article 156

Article 157

1. The budgetary system is composed of the state budget and local budgets.
2. The state budget is created by revenues collected from taxes, fees and other financial obligations as well as from other legitimate revenues. It includes all state expenses.
3. Subsidiary unit government, Municipal government
   Local bodies define and collect taxes and other obligations as provided by law.
4. State and local bodies are obliged to make public their revenues and expenses.

Article 158

1. The Prime Minister, on behalf of the Council of Ministers, presents to the Assembly the draft law on the budget during the autumn session, which cannot be closed without approving it.
2. If the draft law is not approved until the beginning of the next financial year, the Council of Ministers implements every month one-twelfth of the budget of the previous year, until the new budget is approved.
3. The Assembly approves the new budget within three months from the last day of the previous financial year, except when extraordinary measures have been decided.
4. The Council of Ministers is obligated to present to the Assembly a report about the implementation of the budget and about the state debt from the previous year.
5. The Assembly takes a final decision after having also listened to the High State Audit report.

Article 159

Article 160

1. During the financial year, the Assembly may make changes in the budget.
2. The changes in the budget are made based on defined procedures for drafting and approving it.
3. Expenses foreseen in other laws cannot be reduced as long as these laws are in force.

Article 161

1. The Central State Bank is the Bank of Albania. It has the exclusive right to issue and circulate the Albanian currency, to independently implement monetary policy, and maintain and administer the exchange reserves of the Republic of Albania.
2. The Bank of Albania is directed by a council, which is chaired by the Governor. The Governor is elected by the Assembly for 7 years, upon proposal of the President of the Republic, with the right of re-election.

Article 162

1. The High State Audit is the highest institution of economic and financial control. It is subject only to the Constitution and laws.
2. The Head of the High State Audit is appointed and dismissed by the Assembly upon proposal of the President of the Republic. He stays in office for 7 years, with the right of re-election.

Article 163

Article 164

1. The High State Audit presents to the Assembly:
   1. a report on the implementation of the state budget;
   2. its opinion on the Council of Ministers’ report about the expenses of the previous financial year before it is approved by the Assembly;
   3. information about the results of audits any time it is asked by the Assembly.
2. The High State Audit presents to the Assembly a yearly report on its activities.

Article 165

1. The Head of the High State Audit may be invited to participate and speak in the meetings of the Council of Ministers when questions related to its functions are reviewed.
2. The Head of the High State Audit has the immunity of a member of the High Court.

Article 166

1. Duty to serve in the military
   The Albanian citizens have the duty to participate in the defence of the Republic of Albania, as provided by law.
2. Right to conscientious objection
   The citizen, who for reasons of conscience refuses to serve with weapons in the armed forces, is obliged to perform an alternative service, as provided by law.

Article 167

1. Military servicemen on active duty cannot be chosen or nominated for other state duties nor participate in a party or political activity.
2. Members of the armed forces or persons who perform an alternative service enjoy all the constitutional rights and freedoms, apart from cases when the law provides otherwise.

Article 168

1. The Armed Forces of the Republic of Albania are composed of the army, navy, and air force.
2. Designation of commander in chief
   The President of the Republic is the General Commander of the Armed Forces.
3. Advisory bodies to the head of state
   The National Security Council is an advisory body of the President of the Republic.

Article 169

1. The President of the Republic in peacetime exercises the command of the Armed Forces through the Prime Minister and Minister of Defence.
2. The President of the Republic in wartime appoints and dismisses the Commander of the Armed Forces upon proposal of the Prime Minister.
3. The President of the Republic, upon proposal of the Prime Minister, appoints and dismisses the Chief of the General Staff, and upon the proposal of the Minister of Defence appoints and dismisses the commanders of the army, navy, and air force.
4. The powers of the President of the Republic, as General Commander of the Armed Forces, and those of the Commander of the Armed Forces, their subordination to constitutional organs, are defined by law.

Article 170

1. Extraordinary measures can be taken due to a state of war, state of emergency or natural disaster and last for as long as these states continue.
2. The principles of the activity of public bodies, as well as the extent of limitations on human rights and freedoms during the period of the existence of situations that require extraordinary measures, are defined by law.
3. The law must define the principles, the areas, and the manner of compensation for losses caused as a result of the limitation of human rights and freedoms during the period in which extraordinary measures are taken.
4. Acts taken as a result of extraordinary measures must be in proportion with the level of risk and must aim to re-establish the conditions for the normal functioning of the state, as soon as possible.
5. During the situations that require extraordinary measures to be taken, none of these acts may be changed: the Constitution, the laws on the election of the Assembly and local government organs, as well as the laws on extraordinary measures.
6. During the implementation period of extraordinary measures, there may not be held elections for local government bodies, there may not be a referendum, and a new President of the Republic may not be elected. The elections for the local government bodies can be held only in those places where the extraordinary measures are not implemented.

Article 171

1. In case of armed aggression against the Republic of Albania, the President of the Republic upon request of the Council of Ministers declares the state of war.
2. International law
   In case of external threat, or when a common defence obligation derives from an international agreement, the Assembly, upon proposal of the President of the Republic, declares the state of war and decides on the state of general or partial mobilization or demobilization.

Article 172

1. In the case of paragraph 1 of Article 171, the President of the Republic presents to the Assembly the decree for establishing the state of war within 48 hours from its signing, specifying the rights to be limited.
2. The Assembly immediately reviews and decides with the majority of all its members, upon the decree of the President.

Article 173

1. In case of danger to the constitutional order and to public security, the Assembly, with request of the Council of Ministers, may decide for a state of emergency in one part or the whole territory of the state, which lasts for as long as this danger continues, but not longer than 60 days.
2. Upon establishment of the state of emergency, the intervention of armed forces is done with a decision of the Assembly and only when police forces are not able to restore order.
3. The extension of the term of the state of emergency may be done only with the consent of the Assembly, for each 30 days, for a period of time not longer than 90 days.

Article 174

1. For the prevention or the avoidance of the consequences of natural disasters or technological accidents, the Council of Ministers may decide on the state of natural disaster for a period not longer than 30 days, in one part or in the whole territory of the state.
2. The extension of the state of natural disaster can be done only with the consent of the Assembly.

Article 175

1. During the state of war or state of emergency the rights and freedoms provided for in 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 limited.
2. During the state of natural disaster the rights and freedoms provided for in Articles: 37; 38; 41, paragraph 4; 49; 51 may be limited.
3. The acts for declaring the state of war, emergency or natural disaster must specify the rights and freedoms which are limited according to paragraphs 1 and 2 of this Article.

Article 176

Article 177

1. Initiative for revision of the Constitution may be undertaken by not less than one-fifth of the members of the Assembly.
2. Emergency provisions
   No revision of the Constitution may be undertaken during the time when the extraordinary measures are taken.
3. The draft law is approved by not less than two-thirds of all members of the Assembly.
4. Referenda
   The Assembly may decide, with two-thirds of all its members that the draft constitutional amendments be voted in a referendum. The draft law for the revision of the Constitution enters into force after ratification by referendum, which takes place not later than 60 days after its approval in the Assembly.
5. Referenda
   The approved constitutional amendment is put to a referendum when this is required by one-fifth of the members of the Assembly.
6. The President of the Republic does not have the right to return for review the law approved by the Assembly for revision of the Constitution.
7. The law approved by referendum is declared by the President of the Republic and enters into force on the date provided for in this law.
8. Revision of the Constitution for the same issue cannot be done before a year from the day of the rejection of the draft law by the Assembly and 3 years from the day of its rejection by the referendum.

Article 178

1. Laws and other normative acts approved before the date this Constitution enters into force will be applied as long as they have not been abrogated.
2. The Council of Ministers presents to the Assembly draft laws necessary for implementing this Constitution.

Article 179

1. Members of the Constitutional Court shall continue their activity as members of the Constitutional Court, in accordance with the previous mandate.
2. The first opening for new members for the Constitutional Court shall be appointed by the President of the Republic, the second selected by the Assembly and the third selected by the High Court. This shall be the order for all future appointments after entry into force of this law.
3. Aiming at the regular renewal of the Constitutional Court, the new judge who shall succeed the judge whose mandate will end in 2017 shall remain in office until 2025 and the new judge who will succeed the judge whose mandate will end in 2020 shall remain in office until 2028. The other Constitutional Court judges shall be appointed the entire duration of the mandate in accordance with the law.
4. Members of the High Court shall continue their activities accordance with the previous mandate. The new members due to replace the members, whose mandate expires, shall be appointed under the provisions of this law.
5. The High Judicial Council shall be established at least within 8 months from the entry into force of this law. Three judge members and two lay members of the High Judicial Council shall be appointed initially for a 3-years term, with the purpose of partial renewal of this body. The members of the High Council of Justice shall end their mandate after the establishment of the High Judicial Council, but not later than after all members of the High Judicial Council are selected as determined by law. For the first appointment of the lay members of the High Judicial Council after entry into force of this law, the verification of the candidates as provided in article 147 of the Constitution shall be conducted by the General Secretary of the Assembly and International Monitoring Operation.
6. The High Prosecutorial Council shall be established within at least 8 months from the entry into force of this law. Three prosecutor members and two lay members of the High Prosecutorial Council shall be appointed initially for a 3-years term, with the purpose of partial renewal of this body. For the first appointment of the lay members of the High Prosecutorial Council after entry into force of this law, the verification of the candidates as provided in article 147 of the Constitution shall be conducted by the General Secretary of the Assembly and the International Monitoring Operation.
7. During their 9 years mandate the judges of the Appeal Chamber established in Article 179-b shall have disciplinary jurisdiction over all Constitutional Court judges, the members of High Judicial Council, the High Prosecutorial Council, the Prosecutor General, and the High Justice Inspector. The Appeal Chamber shall also have jurisdiction on the appeals against decisions of the High Judicial Council, High Prosecutorial Council as well as High Justice Inspector, imposing disciplinary sanctions respectively against judges, prosecutors and other inspectors.
8. Telecommunications
   The Serious Crimes Court and Serious Crimes Appeals Court shall assume the name, function and competence of the first instance court and appeals court within 2 months of the establishment of the High Judicial Council, in accordance with the law. The transfer of cases shall be done in accordance with the law. The existing judges of these courts shall be transferred to other courts, if they or their close family members refuse to agree to the periodic reviews of their financial accounts and personal telecommunication. The Special Prosecution Office shall be established and prosecutors appointed within 2 months of the establishment of the High Prosecutorial Council, in accordance with the law. Upon the establishment of this office, the Serious Crimes Prosecution Office shall cease to exist. The transfer of investigations and cases shall be done in accordance with the law.
9. The High Justice Inspector shall be appointed within 6 months after entry into force of this law. The transition period and manner of functioning of the existing inspectorates shall be regulated by law.
10. Judges and prosecutors who have not finished the School of Magistrate shall continue on duty and are subject to the transitional qualification assessment according to article 179-b and the Annex.
11. Within 5 days of the entry into force of this law, the President of the Republic shall elects in accordance with article 149-d paragraph 3 of the Constitution. If the President does not select within 5 days of entry into force of this law, the Speaker of the Parliament shall select by lot within 10 days of the entry into force. Those selected shall serve as the Justice Appointments Council until December 31 of the year that this law enters into force. The Ombudsperson shall serve as an observer of the selection by lot of the Justice Appointment Council, as well as its meetings and operations. The members of the Justice Appointment Council shall be subject to the Transitional Qualification Assessment of Judges and Prosecutors under Article 179-b as soon as possible.
12. The President of the Republic shall remain as Chairperson of the High Council of Justice until the High Judicial Council is established up to 8 months from the entry into force of this law. The President shall then have the right to appoint judges of the High Court upon the proposal of the High Judicial Council in accordance with article 136 of this law. The President of the Republic shall have the right to appoint a judge to fill one current vacancy of the Constitutional Court under paragraph 2 of this article, followed by the Assembly which fills the other current vacancy in accordance with article 125 of this law.
13. Until a national election is held after the entry into force of this law, but not later than September 1, 2017, the election of High Justice Inspector, and Prosecutor General, shall be passed by 2/3 of the members of the Assembly, after which the elections shall be done by 3/5 of the members of Assembly.

Article 179-a

1. The mandate of officials elected or appointed in the constitutional organs and the organs established by law, which was obtained prior to the entry into force of this law, shall terminate or become invalid, if it is ascertained that the elected or appointed person falls in the ranks of the subjects which are exempted from the right to be elected, under Articles 6-1 and 45, point 3, of the Constitution.
2. Within 30 days from entry into force of this law, the Assembly shall approve the law providing for the conditions and rules for guaranteeing the integrity of the organs elected, appointed or exercising public functions, in accordance with the procedure of Article 81, point 2 of the Constitution.

Article 179-b

1. In order to re-establish the proper function of rule of law and true independence of the judicial system, as well as the public trust and confidence in these institutions a re-evaluation system is established.
2. The re-evaluation shall be carried out on the basis of the principles of the fair trial and conducted by respecting the fundamental rights of the assesse.
3. All judges, including judges of the Constitutional Court and High Court, all prosecutors, including the Prosecutor General, the Chief Inspector and the other inspectors of the High Council of Justice shall ex officio be re-evaluated.
4. All legal advisors of the Constitutional Court and High Court, legal assistants of the administrative courts, legal assistants of the General Prosecution Office shall ex officio be re-evaluated. Former judges or prosecutors, and former legal advisors of the Constitutional Court and High Court with at least three years of work experience in this function may undergo upon their request the re-evaluation process, if they fulfil the criteria regulated by law.
5. The re-evaluation shall be conducted by an Independent Qualification Commission (Commission). Its decision can be appealed by the assesse or the Public Commissioner. Appeals shall be considered by the Specialized Qualification Chamber (Appeal Chamber) which shall function within the Constitutional Court. During the transition period of 9 years the Constitutional Court shall consist of two chambers.
6. The Commission and the Appeal Chamber shall both operate and decide independently and impartially.
7. The decision of dismissal in the re-evaluation process constitutes a ground for the immediate termination of the exercise of functions, in addition to the grounds provided in the Constitution. Judges and prosecutors including seconded or former judges or prosecutors, who successfully pass the re-evaluation, shall remain or will be appointed judges and prosecutors. All other assessees who pass successfully the re-evaluation shall be appointed as judges or prosecutors under the conditions regulated by law.
8. The mandate of the Commission and the Public Commissioner expires after five years of operation. The Appeal Chamber shall cease to exist after nine years of operation. After the dissolution of the Commission pending cases shall be conducted by the High Judicial Council in accordance with the law. Pending cases of the prosecutors shall be conducted by the High Prosecutorial Council in accordance with the law. After the dissolution of the Public Commissioner their competences shall be exercised by the Chief Special Prosecutor of the Special Prosecution Office. The judges at the Appeal Chamber shall serve until the end of their 9 year mandate. Any appeals shall be adjudicated by the Constitutional Court.
9. The Assembly shall vote to repeal the Annex after the last re-evaluation decision became final following a report of the Chairperson of the Appeal Chamber sent to the Assembly or at the end of the mandate of the Appeal Chamber.
10. Additional provisions are laid down in the Annex ‘Transitional Qualification Assessment’. Details shall be regulated by law.

Article 180

1. International agreements ratified by the Republic of Albania before this Constitution enters into force are considered ratified according to this Constitution.
2. The Council of Ministers presents to the Constitutional Court the international agreements which contain provisions that come in conflict with the Constitution.

Article 181

1. The Assembly, within two to three years from the date this Constitution enters into force, issues laws for the fair resolution of different issues related to expropriations and confiscations done before the approval of this Constitution, guided by the criteria of Article 41.
2. Laws and other normative acts, adopted before the date this Constitution enters into force, that relate to the expropriations and confiscations shall be applied when they do not come in conflict with it

Article 182

Article 183

Article A. Limitation of the constitutional rights

1. To the extent necessary to carry out the re-evaluation the application range of some articles of this Constitution, in particular provisions regarding privacy, to include Articles 36 and 37, provisions related to the burden of proof, and other provisions including Articles 128, 131, paragraph f, 135, 138, 140, 145 paragraph 1, 147-a paragraph 1, letter b), 149-a paragraph 1, letter b), are partly limited in accordance with Article 17 of the Constitution.
2. Persons who have passed the re-evaluation as provided in this Annex, are subject to the permanent accountability system regulated by the ordinary rules contained in the Constitution and the relevant Laws.

Article B. International Monitoring Operation

1. Regional group(s), International organizations
   An International Monitoring Operation shall support the re-evaluation process by monitoring and overseeing the entire process of the re-evaluation. It shall include, partners, within the framework of the European integration process and Euro-Atlantic cooperation and shall be led by the European Commission.
2. International law
   The International Monitoring Operation shall perform its tasks in the framework of international arrangements in force. The International Monitoring Operation will appoint International Observers following a notification to the Council of Ministers. International Observers shall be members with at least 15 years of experience as judges or prosecutors in the judiciary in their own countries. The mandate of an international observer shall only be revoked for gross misconduct, by the International Monitoring Operation.
3. International Observers shall have the following duties and authority:
   1. They may issue recommendations to the Assembly concerning the qualification and selection of the candidates for the position of members of the Commission (Commissioner), the Appeal Chamber (Judge) and Public Commissioners, in accordance with the rules provided by law;
   2. They are entitled to file findings and opinions with the Commission and the Appeal Chamber and in particular may contribute to the background assessment regulated in Article DH. In those findings, the International Observers may request that the Commission or the Appeal Chamber take evidence or may present evidence obtained from state bodies, foreign entities or private persons, in accordance with the law.
   3. they are entitled to submit a written recommendation to the Public Commissioners to file an appeal. If the latter decides not to follow this recommendation, the Public Commissioner is required to issue a written justification.
   4. they have immediate access to all information, people and documents necessary to monitor the re-evaluation at all levels and in all stages.

Article C. General provisions for the Commission and Appeal Chamber

1. The Commission shall consist of four permanent first instance panels having three members each.
2. Two Public Commissioners shall represent the public interest and may appeal the decision of the Commission.
3. The Commission and Appeal Chamber shall both operate with accountability, integrity and transparency and with the objective of promoting an independent and competent system of justice free from corruption. During their mandate, the members of the Commission and Public Commissioner shall have the status of a judge at the High Court. The judges appointed to the Appeal Chamber shall not be subject to age limit and have the status of judges of the Constitutional Court, unless provided differently by law.
4. All members of the Commission and judges of the Appeal Chamber, the Public Commissioners and the staff of these institutions as set by law, must consent to the yearly disclosure of their assets, constant monitoring of their financial accounts and waiver of the privacy of their communication related to their work. All asset declarations shall become public.
5. All members of the Commission and the judges of the Appeal Chamber shall have a university degree in law, and no less than fifteen years’ experience as a judge, prosecutor, law professor, advocate, notary, senior employees in public administration, or other legal profession related to the justice sector. Candidates for member of the Commission and judges at the Appeal Chamber may not have been judges, prosecutors or legal advisors or legal assistants in the two years prior to their nomination. They shall not have held a political post in the public administration or a leadership position in a political party for the past 10 years before becoming a nominee.
6. The President of the Republic of Albania shall conduct an open and transparent application process for the positions of the members in the Commission, judges of the Appeal Chamber and Public Commissioners. All candidates shall send applications and all declarations in accordance with the law to the President. Within 7 days from the deadline for the submission of applications, the President shall compile a candidate list of applicants who meet the formal criteria for each position and a separate list of applicants who do not meet the formal criteria. This process is monitored by the International Monitoring Operation. If the President cannot complete the process within 45 days of the entry into force of this Annex, the duty shall revert to the Ombudsperson.
7. A panel of at least three representatives of the International Monitoring Operation (IMO) shall assess the candidates, in accordance with the law. Not later than 14 days from the day of submission of the 2 lists by the President, the panel shall on the basis of its assessment submit its recommendations to the President, who then forwards them to the Parliament. If the President cannot exercise his competences within 5 days, the competence shall revert to the Ombudsperson.
8. Within three days of receiving the list of applicants who meet the formal criteria, the list of applicants who do not meet the formal criteria and the list of IMO recommendations, the Assembly shall create an ad hoc committee with six members consisting of equal representatives from the majority and opposition. The committee may with at least four votes move a candidate from the list of those who do not meet formal criteria to the list of those who do. The committee may with at least five votes move an applicant from the IMO’s recommendations list to the candidate list for voting. Within ten days of its formation, the ad hoc committee shall forward the candidate list for voting for each position to the ad hoc committees for selection. The other two lists shall not be forwarded for voting.
9. The Assembly shall form within ten days two ad hoc committees for selection consisting of equal representatives from the majority and opposition, one committee with 12 members and one committee with 6 members.
10. Within 30 days of forming the ad hoc committee, each member of the 12 member committee shall select, from the candidate list for voting, a candidate for commissioner, without debate and in a secret and electronic vote that ensures that one member may elect one candidate. The committee shall then select two candidates from the candidate list for voting for public commissioner, using a simple vote where the two candidates with the most votes are selected. In case of a tie, a lot shall be used. Two alternate members for each position shall be selected in the same manner used for public commissioner.
11. Within 30 days of forming the ad hoc committee, each member of the 6 member committee shall select from the candidate list for voting a candidate for judges of the appeals chamber, without debate and in a secret and electronic vote that ensures that one member may elect one candidate. The committee shall then select the seventh judge from the remaining candidates on the candidate list for voting, using a simple vote where the candidate with the most votes is selected. In case of a tie, a lot shall be used. Two alternate judges for each position shall be selected in the same manner used for the seventh judge.
12. The selections from the two ad hoc committees are consolidated into one list and sent to the Chairman of the Assembly. Within ten days, the Assembly shall approve the entire list of candidates as a block by a majority of three-fifths. If the Assembly fails to approve the block of candidates, the Chairman of the Assembly shall send it to the ad hoc committees to repeat their selection process and submit a second list within 10 days. Within ten days, the Assembly may reject the entire list of candidates as a block by a majority of two-thirds. If the list is not rejected, those selected shall be automatically appointed. The details of this procedure are regulated by law.
13. Members in the Commission, judges of the Appeal Chamber and Public Commissioners shall work full time and may not hold any other position or employment during their mandate.
14. The Commission and Appeal Chamber and the Public Commissioners shall have a budget, staff and facilities sufficient to support their duties and the duties of the international observers, in accordance with the law.
15. The official languages of the Commission, Appeal Chamber and Public Commissioners shall be Albanian and English, and they shall have translators and interpreters accordingly.
16. Members of the Commission, judges of the Appeal Chamber and Public Commissioners are subject to disciplinary liability. The disciplinary cases shall be reviewed by the Appeal Chamber, in accordance with the law.
17. The members, judges, public commissioner, international observers, staff, and their families shall be protected at highest level in accordance with the law.

Article Ç. Re-evaluation

1. The re-evaluation will include an Asset Assessment under Article D, a Background Assessment under Article DH and a Proficiency Assessment under Article E of this Annex and the law.
2. The Commission and Appeal Chamber may publish information and take into account comments obtained from the public. They shall respect the balance between privacy and investigation needs, and shall guarantee the right to a fair trial.
3. Official bodies of the Republic of Albania shall cooperate with and disclose requested information to the Commission and Appeal Chamber shall grant direct access to their databases and may provide opinions and proposals in accordance with the law.
4. The Commission, or the Appeal Chamber through their staff, the Public Commissioners, its members and assisted by the international observers, shall review the assessee’s completed background declarations, may interview people named in the declaration or others, and shall seek cooperation with other state or foreign institutions to confirm the veracity and accuracy of the disclosure. The Commission, the Appeal Chamber and the international observers shall have direct access to all relevant government databases and files, if not classified as state secret, including the assessees’ personal files, statistical data, files selected for evaluation, self-evaluations, opinions of supervisors, training records and complaints, verification of complaints, disciplinary decisions against the assessee, property and land registers, bank accounts, tax offices, car registration data bases, border control documentation as well as any other relevant documents. The Commission or the Appeal Chamber may order private individuals and companies to provide testimony or evidence in accordance with the law.
5. The shift of the burden of proof to the assessee applies only for this assessment and not for other, in particular, criminal proceedings.

Article D. Asset Assessment

1. Assesses shall be subject to declaration and audit of their assets with the purpose of identifying assesses, who possess or have the use of assets greater than can be legitimately explained, or those assessees who have failed to accurately and fully disclose their assets and those of their related persons.
2. Assessees shall submit a new and fully detailed asset declaration in accordance with the law. The High Inspectorate for the Declaration and Audit of Assets and Conflict of Interests shall audit the asset declaration and submit to the Commission a report about the legitimacy of the assets and the accuracy and fullness of the disclosure, in accordance with the law.
3. The assessee has to credibly explain the lawful origin of assets, property and income. Income shall only be considered legitimate if it has been declared and taxes have been paid. Legitimate income shall be defined in detail by law.
4. If the assessee has assets greater than twice the amount justified by legitimate income, a presumption for the disciplinary measure of dismissal shall be established which the assessee shall have the burden to dispel.
5. If the assessee has not submitted the asset declaration in time in accordance with the law, he or she shall be dismissed. If the assesse takes steps to inaccurately disclose or hide assets in his or her possession or use, a presumption for the disciplinary measure of dismissal shall be established which the assessee shall have the burden to dispel.

Article DH. Background Assessment

1. Assesses shall be required to submit a background declaration and be subject to a background assessment with the purpose of identifying assessees with inappropriate contacts with persons involved in organized crime. The background assessment on persons involved in organized crime will be based on the background declaration and other evidence as appropriate, including Albanian or foreign court decisions.
2. Assessees shall submit a duly filled-in detailed background declaration to the Commission for the period January 1, 2012 to the day of the declaration, as regulated by law. The completed background declaration can only be used as evidence in this procedure and by no means may be used in a criminal case.
3. If the assessee has inappropriate contacts with persons involved in organized crime, a presumption for the disciplinary measure of dismissal shall be established, which the assessee shall have the burden to dispel.
4. If the assessee does not submit the duly completed background declaration in time in accordance with the law, he or she shall be dismissed. If the assessee takes steps to inaccurately disclose or hide contacts with persons involved in the organized crime, a presumption in for the disciplinary measure of dismissal shall be established, which the assessee shall have the burden to dispel.

Article E. Proficiency Assessment

1. Assesses shall be subject to a proficiency assessment, with the purpose of identifying those who are not qualified to perform their role and those who have deficiencies which can be remedied with education.
2. The Proficiency Assessment shall be conducted with the assistance of the officials in charge of the ethical and professional evaluation of judges or prosecutors at the time of the Assessment. The Proficiency Assessment for judges, legal advisors or legal assistants shall assess judicial capacity, organizational skills, ethics and commitment to judicial values, personal quality and professional commitment, based on standards provided by law. The Proficiency Assessment for prosecutors shall assess prosecutorial capacity, organizational skills, ethics and commitment to prosecutorial values, personal quality and professional commitment based on standards provided by law. The Proficiency Assessment for legal advisors or legal assistance includes a test at the School of Magistrate. The Proficiency Assessment shall not consider pending cases.
3. If the assessee has demonstrated poor knowledge, skill, judgment, or aptitude, or there is a consistent or substantial pattern of work possibly non-compliable with the position, the deficiency shall be identified and a presumption for the disciplinary measure of suspension with education to remedy that deficiency shall be established which the assessee shall have the burden to dispel.
4. If the assessee has demonstrated inadequate knowledge, skill, judgment, or aptitude, or there is a consistent and substantial pattern of work of a quality which is inadequate with the position, and the deficiency is unlikely to be remedied with one year of education program, a presumption for the disciplinary measure of dismissal shall be established which the assessee shall have the burden to dispel.
5. If the assessee acts to substantially prevent or confound his or her assessment, or has demonstrated such insufficient knowledge, skill, judgment, aptitude, or a consistent or substantial pattern of work which can threaten or diminish the rights of citizens, the assesse shall be considered inadequate and a presumption for the disciplinary measure of dismissal shall be established which the assessee shall have the burden to dispel.

Article Ë. Disciplinary Measures

1. If either the Commission or the Appeal Chamber determines that an assessee requires disciplinary measures, it shall issue a reasoned decision which orders either the disciplinary measure of one year suspension with education or the disciplinary measure of dismissal.
2. A decision ordering suspension with education identifies an assessee’s deficiency, suspends the official with 75 % of the relevant salary, assigns the assessee to the School of Magistrates until the education program starts and orders one year of education which is designed to remedy the deficiency. At the end of the education program, the suspended official shall be tested. The test is done under international supervision. Assessees failing the test are dismissed by the Commission.
3. The dismissal of a judge or prosecutor does not constitute a ground for the re-opening of cases decided or prosecuted by the assessee, except in the cases based on which a review can be requested according to the procedural codes.

Article F. Appeal Chamber

1. The Appeal Chamber shall consist of seven judges. Only judges appointed to the Appeal Chamber may decide appeals against the re-evaluation in accordance with the Annex and the law. They decide in panels of composed of five members each.
2. The assessee shall have the right to appeal to the Appeal Chamber in accordance with the law. The Public Commissioners shall each also have the right to appeal, expect for decisions under article Ë, paragraph 2, of the Annex.
3. The Appeal Chamber enjoys the power to take specific fact finding steps and shall remedy any procedural errors of the Commission taking into account the assesses fundamental rights. The Appeal Chamber shall decide the case and may not transfer the case back to the Commission. This constitutional jurisdiction does not allow to call into question the constitutionality of the principles on which the re-evaluation process as such is based and the criteria used in this law.
4. The international observer takes part with the same rights like those in first instance.
5. In the case of appeal the salary is 75 % of the relevant salary. In the case of a successful appeal at the Appeal Chamber the remaining salary shall be paid. A final decision ordering dismissal has ex lege immediate effect.
6. An assessee filing an appeal of a disciplinary measure is suspended pending the decision of the Appeal Chamber.
7. The Appeal Chamber shall uphold, modify or overrule the decision of the Commission In cases of appeal by the Public Commissioner, it may not impose a more strict disciplinary measure without providing the assessee with sufficient notice to prepare and respond in a hearing.
8. Assessees shall have access to the European Court of Human Rights.

Article G. Resignation

1. If the assessee resigns during the re-evaluation procedure, he or she not assessed any further.
2. Assessees who resign under this provision may no longer serve as a judge or prosecutor at any level, member of the High Judicial Council or High Judicial Inspector or High Prosecutorial Council, or Prosecutor General for the duration of fifteen years.