Constitutional Law at Albania
Constitutional Law in Albania is primarily governed by the Constitution of the Republic of Albania, which serves as the supreme legal document of the country. The Constitution outlines the structure of the state, the rights and freedoms of individuals, and the functioning of government institutions. It also establishes the framework for democratic governance, rule of law, and separation of powers in Albania.
Here is an overview of Constitutional Law in Albania:
1. The Constitution of the Republic of Albania (1998):
The Constitution of Albania, adopted on November 28, 1998, is the primary legal document that governs the state structure, the relationship between institutions, and the protection of fundamental rights and freedoms. It replaced the previous 1976 Constitution, which was in place during the communist era, and reflects the democratic changes that Albania underwent after the fall of the communist regime in the early 1990s.
Key Features of the Constitution:
Preamble: The preamble emphasizes Albania’s commitment to democracy, the protection of human rights, the rule of law, and its desire for European integration.
Supremacy of the Constitution: The Constitution holds supreme legal authority, meaning all other laws, regulations, and acts must comply with its provisions. Any law or act that is inconsistent with the Constitution is considered unconstitutional and can be invalidated.
2. Separation of Powers:
One of the core principles enshrined in the Constitution is the separation of powers, which divides the functions of governance into three branches:
Executive: The executive power is vested in the President of the Republic, the Council of Ministers, and the Prime Minister. The President serves as the head of state, but the role is largely ceremonial, with the Prime Minister and Council of Ministers holding actual executive power.
The President is elected by the Parliament for a 5-year term, and while the President has certain powers, such as representing Albania internationally and appointing the Prime Minister (from the majority party in Parliament), the role does not carry significant political authority.
The Prime Minister is the head of government and is appointed by the President based on the outcome of parliamentary elections. The Prime Minister leads the executive branch and implements government policies.
Legislative: The Parliament of Albania (Kuvendi) is unicameral, composed of 140 members who are elected for a 4-year term. The Parliament has the authority to create laws, approve budgets, and scrutinize the executive branch. Laws passed by the Parliament must comply with the Constitution.
Judiciary: The judicial branch is independent, and its role is to interpret and apply the law. The judiciary is headed by the Supreme Court, and the Constitutional Court plays a critical role in safeguarding constitutional principles by reviewing the constitutionality of laws and government actions.
3. Fundamental Rights and Freedoms:
The Constitution guarantees a wide range of fundamental human rights and freedoms, which are closely aligned with international human rights standards, including the rights enshrined in the European Convention on Human Rights (ECHR).
Equality Before the Law: The Constitution ensures that all individuals are equal before the law, regardless of race, ethnicity, gender, religion, or social status.
Freedom of Expression: It guarantees freedom of speech, freedom of the press, and the right to peaceful assembly.
Right to Property: The Constitution protects the right to private property and guarantees that expropriation can only occur for public interest, subject to just compensation.
Right to Fair Trial: It provides the right to a fair and public trial by an independent and impartial court.
Social and Economic Rights: The Constitution includes provisions that guarantee social security, education, healthcare, and other social services, aiming to promote the well-being of all citizens.
4. The Role of the Constitutional Court:
The Constitutional Court of Albania is a key institution for upholding the principles of the Constitution. It is empowered to review the constitutionality of laws and government actions. The Constitutional Court also resolves conflicts between state institutions, such as between the President and the Parliament, or the Parliament and the judiciary.
The Constitutional Court has 9 judges, appointed by the President of the Republic, the Parliament, and the High Council of Justice. These judges serve 9-year terms.
The Constitutional Court’s decisions are final and binding, and it has the authority to annul laws or provisions that are deemed unconstitutional.
5. Amendments to the Constitution:
The Constitution can be amended, but the process is deliberately difficult to ensure stability and consistency in Albania’s legal framework.
An amendment to the Constitution requires the approval of the Parliament by a three-fifths majority. Additionally, a public referendum may be required if the amendment concerns fundamental principles, such as the separation of powers or the rights and freedoms of citizens.
6. Albania's Commitment to European Integration:
The Constitution of Albania includes a commitment to align the country’s legal system with European standards, especially those set out by the European Union (EU). This reflects Albania's aspirations to become a member of the European Union, a process that involves harmonizing its laws with EU regulations and norms.
European Union Accession: The Constitution includes provisions aimed at ensuring Albania’s legal and institutional reforms align with EU principles, such as the rule of law, democracy, and respect for human rights. Albania has been a candidate country for EU membership since 2014, and the Constitution provides a legal basis for continued reforms to meet EU standards.
7. Decentralization and Local Government:
The Constitution also enshrines the principle of decentralization, recognizing the importance of local government and ensuring that local authorities have the power to manage local affairs. Local government units are represented by municipalities and communes, each of which has a degree of autonomy in managing public services and resources.
8. International Law:
The Constitution recognizes the supremacy of international law over domestic law in specific areas. International treaties and conventions that Albania has signed are considered part of the national legal order, and they take precedence over national laws that are inconsistent with them.
European Convention on Human Rights: As a member of the Council of Europe, Albania has committed to respecting the provisions of the European Convention on Human Rights, and this convention is directly applicable in Albanian law.
9. Impeachment of the President:
The President of Albania can be impeached if found guilty of serious violations of the Constitution or laws. Impeachment can be initiated by the Parliament, and the decision must be ratified by a referendum.
10. Electoral System:
Albania’s electoral system is defined by the Constitution and governed by democratic principles. Elections are held every four years for the unicameral Parliament, which is made up of 140 members. The President is elected by the Parliament, while the Prime Minister is appointed by the President after parliamentary elections.
11. Checks and Balances:
The Constitution establishes a system of checks and balances to prevent any branch of government from becoming too powerful. This includes the role of the Constitutional Court in reviewing the constitutionality of laws and actions by state institutions.
Conclusion:
Constitutional law in Albania is founded on the Constitution of 1998, which provides a comprehensive legal framework for governance, fundamental rights, and the protection of freedoms. It reflects Albania’s commitment to democracy, the rule of law, and European integration. The separation of powers, the protection of human rights, and the independence of the judiciary are central principles of the Albanian constitutional system.
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