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Koha Jonë

E Martë 11 Tetor 1994

Constitution by referendum

-the socialists leave the chamber, PSD, AD, PDD and PNDJ refuse to vote Dokle: The President treats parliament like a puppet he plays with after the hunt. Apostoli: The President is a deaf-mute parliamentarian. Baleta: "I do not take part in this "silk" Yesterday the Constitution was voted on in Parliament by referendum. The two enabling initiatives for the referendum vote, despite the fact that the socialists left the chamber and others did not vote, gave the referendum vote the green light. The independent tells us on Saturday that the government keeps alive the right for the country to create some problems in the future regarding the existence of the referendum, up to now with the opposition trio. First to speak was the head of the PD parliamentary group, Azebor Çela. After pointing out the tendency of parliament to leave the draft constitution entirely in the President's hands, he considered this decision hasty and contrary to the parliamentary conception of the constitution. In the absence of the necessary quorum in the session, voting by referendum harms the process. Then, on behalf of the PS group, the member of the assembly presidency Namik Dokle, expressing opposition on behalf of the socialists, said that his group would not vote for the referendum either. He described the procedures followed as unconstitutional and non-parliamentary. Dokle emphasized the fact that the President treats parliament like a puppet he plays with after the hunt. On behalf of the Social Democratic parliamentary group spoke Anesti Angjeli. He said that approving the constitutional draft without the maximum consensus is a failure not only for the majority that demands the referendum but also for the President of the Republic. According to the PAD deputy, Artur Galoçi, the head-of-state institution has not only taken the initiative for the constitution but has also transferred its own powers to the government and to parliament itself. He noted that the referendum could and should be postponed in order to allow more time to find consensus. On behalf of the PDD parliamentary group it was declared that the referendum could only be held after solutions had been found for all issues dividing the parties. The chairman of PNDJ, Abdi Baleta, did not take part in the vote. "This happened because the newspaper "Koha Jonë" has an interview with the Italian deputy prime minister, Mr. Giuseppe Tatarella, given to the newspaper "Koha Jonë" (Continued on page 3)
Azebor Çela Namik Dokle Anesti Angjeli Artur Galoçi Abdi Baleta Parlament

Complaint by PSD to the Constitutional Court

Article 2 of the law “On the referendum” is unconstitutional As was announced, PSD is filing a complaint in the Constitutional Court during the court session and is requesting the annulment of article 2 of the law “On the referendum,” which states that “The referendum may be held on issues of special importance for the state.” After a battle for the constitution, a fierce struggle has encompassed the arena of Albanian politics since the four-year period of pluralism and democracy. The Social Democrats have taken the first step toward bringing the opposition’s demands forward. In Sunday’s session, PSD chairman Arian Starova pointed out that lawmakers, due to the lack of attendance in the session, were hurriedly familiarized with the constitutional provisions law, which states: “The people exercise power through representative bodies and through referendum.” Its representatives and with the referendum. According to yesterday’s PSD announcement on the front page, they will not support it and will also submit appeals to the Special Court. In the first request they apparently object from the outset to article 16/2 and draw attention to the fact that the country still lacks a general and subject-specific constitutional norm and the majority of the people can manipulate it. The constitutional referendum in this condition gives political and legal approval for the parliament to decide for itself on the fundamental values of the pluralist democratic system. Social Democrats also claim that no referendum condition has found in the Constitution that it can be approved for any political or non-political issue. Also in article two there is no mention that the referendum can be given the name constitutional or legal, and constitutional provisions do not stipulate who and in which cases it should be called.
Arian Starova