It will reach Parliament in January The members of the commission describe the progress of the work ANDREA STEFANI TIRANA — The Constitution: still a stalled dream, or a political project finally brought to fruition? After more than a year of study, the world of the Law of Laws seems, this time, closer to reality than ever. It may even be submitted to Parliament in January. During these last four months, the 42-member commission — representatives of political forces in Parliament and outside it, trade unions, as well as jurists — has been able to move faster in drafting the new project. The chapters on general constitutional principles, human rights and freedoms, Parliament, the President and the Government have thus been completed. The chapters on the judiciary and local government are under discussion. Everything seems to have proceeded amid debate, agreements and disagreements. Among the most debated issues have been those concerning the definition of the nature of the Republic (parliamentary, presidential or something in between?), the clarification of the powers of Parliament, the Government and the President and the relationship between them, the safeguarding of the independence of the judiciary, and the powers of the Constitutional Court. “The debates have been quite lengthy,” Zef Brozi, a member of the Constitutional Commission and PD deputy, tells Gazeta Shqiptare, “but also fierce, both technically and politically. But,” he adds, “the work has moved forward, and where no agreement has been reached it has been decided to submit two versions to Parliament.” According to Brozi, disagreements remain over the right of ordinary courts to refer to the Constitution when a provision of a law may be unconstitutional. The concern is that granting such a right to ordinary courts could infringe on the powers of the Constitutional Court. At the same time, the powers of the latter are also under debate. Will the Constitutional Court have the right to annul laws passed by Parliament, as it does so far? The draft aims to reduce these powers, turning the Court into an advisory body to Parliament and the President. Meanwhile, one of the most pressing issues in recent times for the PS representatives has been defining the nature of the Republic. “Our aim was to state explicitly in the Constitution,” Leonard Tuci, a member of the Constitutional Commission and PS deputy, told Gazeta Shqiptare, “the parliamentary character of the Republic in Albania, which we did not achieve.” In any case, the draft, whose absence—expected five months ago—brought the country to the brink of a parliamentary crisis, is nearing completion. But during this time the balance of forces in Parliament has also changed. Following the departure of several deputies, the majority led by PD, in order to preserve the two-thirds vote required to approve the Constitution, cannot afford a single absence in the chamber. The draft Constitution itself must satisfy all the political groups — including the PBDNJ minority representatives — that make up this qualified majority. — Four points still divide the parties Here are the four main points in the draft Constitution that are being debated: — Whether or not to define Albania’s political system in the Constitution as a “Parliamentary Republic.” — Whether the Constitutional Court will continue to have the power to annul laws passed by Parliament or will become an advisory body to it and the President. Will there be a Constitutional Court or a Constitutional Council? — Separation of powers: the powers of Parliament, the President and the Government, and the relationship between them. — Independence of the judiciary: will ordinary courts have the right law may be unconstitutional? The majority Constitution itself must satisfy all the political groups — including the PBDNJ minority representatives — that are part of this qualified majority. One of the issues most concerning “Our aim was …” A session of Parliament

THE “SHPRESA” CASE — Controversy erupts over the Durrës Maritime Agency. The story ends up in court THE “SHPRESA” CASE Controversy erupts over the Durrës Maritime Agency. The story ends up in court Godo: “An act of piracy” “There is no scandal here,” he adds. But who are the real owners of this company, which earns 20 thousand dollars a month? CARLO BOLLINO TIRANA — “But what scandal? This is an act of piracy.” Sabri Godo, national chairman of the Republican Party, responds to Italian entrepreneur Raffaele Niccoli, who accuses him of having tried to legally appropriate the maritime company “Shpresa.” He explains his position and goes on the attack: “We have gone to court,” he tells Gazeta Shqiptare, “and now one of Niccoli’s partners says he wants to close the case, but they are demanding a percentage of the income through December. No, I cannot accept that either. The judges must declare that ‘Shpresa’ is an economic unit of the Republican Party, and that’s that…” Let us take it in order: “Shpresa” is a private company which, according to its articles of incorporation, is in the names of Niccoli, another Italian partner and three Albanian partners. What does the Republican Party have to do with it? “This company was requested and founded by us in the Republican Party. There is even an agreement in which Niccoli acknowledges this, accepting a monthly salary of 12,000 lekë as an employee, in addition to a 10% share of the profits. Now, he pays … he has appointed himself president of the company: it is absurd.” But the articles of incorporation are dated September 1992, while the agreement between the company and the Republican Party is from 1993: why did you come in so late? “I repeat, we were the owners from day one. But I trusted him; I did not believe such things would be put in writing. One of the members of ‘Shpresa’ has been a friend of mine for 40 years. I would never have believed he would betray me. But I trusted him and was wrong. We should have obtained the licence directly in our own name and not given it to this third-party company…” How much does “Shpresa” earn today? “In the first month we collected around 2,000 dollars. Today we collect sometimes 15,000, sometimes 20,000 dollars a month. Let us hope it continues like this forever.” Does the law on political parties allow you to carry out this activity? “Of course. The law provides for parties to conduct economic activity for self-financing. In this whole story, I am sorry about only one thing: that someone is trying to turn this private activity into a sterile dispute between Albania and Italy.” Sabri Godo

Will the International Court intervene? The entrepreneur speaks of a strange agreement (c. bo.) — “The company is mine, and nobody can take it away from me; I will go to the International Court.” Raffaele Niccoli speaks by telephone from Brindisi. He was expelled from Albania last week on public-order grounds and is now at the centre of a dispute with the Republican Party. You insist that “Shpresa” belongs to you. But the Republican Party says that from the outset the company was set up on the basis of trust and was in reality an economic unit of the party… “The company belongs to me and my partners. At first Sabri Godo said he would appoint two trusted partners of his and that their shares, which amounted to 50%, would be withdrawn. Then, when we started earning thousands of dollars a month, he demanded that his share be increased to 90%. Finally, he tried to remove me completely.” But if you are really in the right, why did you sign an agreement with the party, to which most of the income is handed over, even accepting two salaries as an employee? “Because the shipowner exerted enormous pressure: at that time the ships were held up, they were not allowed to enter the Port of Durrës, and a ship being detained causes extremely heavy financial losses…” What are your intentions now? “I am not leaving the company. I am ready to do anything to defend it: I will even go to the International Court.”

Murdered by three attackers. The second incident TIRANA — Fear and tension among the capital’s private money changers. But the cause is not only a suspicious fatal incident — as all three say — precisely in the… At the Bank of Albania, at one of the places where… Ban Jata, 32, shot dead with a firearm, becomes the second victim among private money changers in just the last three months. On the morning of 13 September, two employees of the Capital’s National Commercial Bank had discovered… The money changer… several… appeared before the prosecutor’s office… the money changer… … Jata, by three unidentified people. The incident took place at around 6 p.m., while the victim and his brother were entering Building 160 on “Kavaja” Street in Tirana. The authorities have not yet made further details of the incident known, while many money changers — colleagues of the victim Jata — tell Gazeta Shqiptare that the motive for the crime was robbery, which the perpetrators were unable to carry out. “We are now highly exposed to the actions of professional robbers,” many of them explain, “who often come and…” In the fourth case of… in Tirana, where… The money changers of Tirana are… While… of… of… helping… the robbers…

TIRANA — (p.r.e.). “Let us say no to the war in Bosnia-Herzegovina,” is the appeal from the “Bosnja skaut Albania” Association. Millions of scouts across Europe are asking the mass media today — 18 December — to raise their voices against the graves and tragedies Bosnia and Herzegovina is experiencing these days. This is an appeal to stop the atrocities of this war that is gnawing at Europe at the end of this century. “Violence against humanity and human dignity continues unabated,” the Albanian scouts’ appeal states. “Let us take responsibility for helping young people express the strength of their spirit against the barbaric acts of war.”

At the embassy with forged passports TIRANA — Six Albanian citizens were caught by the Police inside the Italian Embassy with forged passports. Five men and one woman — all from Fier — had applied for entry visas to Italy. Five passports had pages and photographs replaced. The sixth passport was in the name of an Albanian who is currently in Italy with a valid residence permit. Its photograph had been changed to forge it. Investigations are continuing and it is not yet known whether any measures will be taken against the Albanian citizens.

TIRANA — Tanks have returned to “Skënderbej” Square. The “Sambashët” from the mountain unit of regiment 326 have returned to defend the Palace of Culture, pushing young Democrats with shields and rubber batons. This happened three years ago, and the scene was repeated on Thursday morning. This time, naturally, it was only a reenactment, even though the tanks (pictured) and the police uniforms are real. All of this was done to bring Albania’s history to life in front of director Gianni Amelio’s cameras.

PARLIAMENT RATIFIES THE AGREEMENT BETWEEN THE ALBANIAN MINISTRY OF DEFENCE AND THE US DEPARTMENT OF DEFENSE — Parliament approved the bill ratifying the memorandum of understanding of Defense. The memorandum had been signed earlier in Washington on 8 October and then in Tirana on 14 October 1993. It provides for a broad agreement and cooperation between the two states in the fields of defence and security. A LIBRARY OF FRENCH MEDICAL BOOKS DONATED TO THE FACULTY OF MEDICINE IN TIRANA — A library of French medical books was donated to the Faculty of Medicine by the French Government. This is the third library France has donated to Albania. TOURISM ACTIVITY IMPROVES IN GJIROKASTËR — The activities of Albturizëm branches in Gjirokastër are expanding and improving. Sixty percent of the profits made by these branches has, in accordance with the law on enterprises, been used to invest in their operations and improve and raise the quality of their services. Profits made so far have reached 4 million lekë. TWO GERMAN COMPANIES DONATE 10 THOUSAND MARKS TO ALBANIA — Two German companies have donated 10 thousand marks to help Albania. Tran-sver Service and Titzatrans — two companies operating in the freight-forwarding sector — handed over the sum to the “Community for the Collection of Aid for Albania.” The money will be used to buy an operating microscope for the otorhinolaryngology department at the children’s hospital in Tirana.

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The Air Transport Services Enterprise ALBATRANSPORT announces the completion of the first phase of the competition for the reconstruction and modernization of Rinas Airport. Following a proposal by the Ministry of Transport and Communications, the Council of Ministers, by Decision No. 581 dated 6.12.1993, decided to approve the Ministry’s decision naming SIEMENS AG’s bid the winning bid in the competition.