10/04/1991
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Zëri i Popullit

10 April 1991

POWER DERIVES FROM THE PEOPLE AND BELONGS TO THE PEOPLE

DRAFT CONSTITUTION OF THE REPUBLIC OF ALBANIA

PART ONE Chapter I Fundamental principles ARTICLE 1 Albania is a Republic, which expresses and protects the interests of the people and is based on their unity. ARTICLE 2 The Republic of Albania is a democratic state governed by the rule of law, based on social justice, the protection of human freedoms and rights, and political pluralism. ARTICLE 3 National sovereignty in the Republic of Albania belongs to the people. The people exercise power through representative bodies as well as directly. The representative bodies are the People’s Assembly and the people’s councils. No one other than the bodies expressly specified in this Constitution may exercise national sovereignty and its attributes in the name of the Republic of Albania. ARTICLE 4 The representative bodies are elected by the people by universal, equal, direct and secret vote. The organization and conduct of elections, as well as the circumstances under which a deputy’s mandate ends, are provided for by law. ARTICLE 5 State activity is conducted on the basis of the Constitution and the laws. Strict and uniform implementation of legal norms is binding on all state bodies, political parties, other organizations, and officials. The legislation of the Republic of Albania takes into account generally recognized norms of international law. ARTICLE 6 All citizens are equal before the law. Productive, commercial, service or other socially beneficial activity. Cooperative ownership may be converted into another form of ownership in accordance with the rules provided by law. ARTICLE 15 The right to private property and inheritance thereof is recognized and guaranteed by law. Private initiative is free, provided that it does not harm social interests. ARTICLE 16 A foreign legal or natural person may acquire the right of ownership under the conditions established by law. A foreign person has the right to carry out independent economic activity, invest in enterprises in the country, and establish joint enterprises or enterprises alone, under the conditions established by law. ARTICLE 17 Private property may be expropriated in exceptional cases and when the general interest cannot be achieved in any other way. Expropriation is carried out in exchange for compensation equal to the value of the expropriated property. Disputes arising as a result of expropriation are resolved through the courts. ARTICLE 18 Protecting the land, natural resources, waters and air from pollution and contamination is the duty of the state, organizations and all citizens. ARTICLE 19 The state is responsible for planning overall economic and social activity and harmonizing national and local interests, in order to meet society’s material and cultural needs and strengthen the country’s independence and defense. ARTICLE 20 The state exercises control over domestic and foreign trade. ARTICLE 21 Work is the foundation of all the country’s economic and social life. And to be elected to all bodies of state power. The right to vote is denied only to persons who have been deprived of this right by a court decision because they have committed a criminal offense, persons declared mentally incapacitated as such by a court, those serving a sentence of imprisonment, and those arrested by court order or with the approval of the prosecutor. ARTICLE 30 Citizens have the right to work. The state takes care of their employment and takes measures to protect workers at work and provide them with qualifications. Citizens have the right to choose and practice their profession according to their personal abilities and inclinations. Citizens who are in an employment relationship have the right to compensation in the amount established by law if their work is interrupted for reasons beyond their control. Citizens are recognized as having the right to emigrate in order to work outside the country’s borders. The state takes care of regulating emigration and protecting the rights of citizens who have emigrated. ARTICLE 31 Trade unions, as well as workers themselves, have the right to strike, in accordance with rules established by law, to protect their economic, social and professional interests. Strikes for political purposes are prohibited. ARTICLE 32 Citizens enjoy the right to rest after work. Daily and weekly working hours, as well as paid annual leave, are regulated by law. Rest homes, cultural centers and other facilities of this kind are established for the benefit of workers. ARTICLE 33 Workers in the city and countryside are provided with the necessary material means of subsistence in old age, in the event of illness or loss of working capacity. The state takes special care of the disabled veterans of the National Liberation War, those disabled in the defense of the homeland, and workers who have become disabled, and creates conditions for their rehabilitation. The minor children of those who fell in defense of the country are under the care of the state. ARTICLE 34 The state provides citizens with the necessary medical services free of charge

ARTICLE 7

State activity is carried out only by the state bodies recognized by law.

ARTICLE 8

Political parties and other organizations are separate from the state. The state supports and cooperates with them and creates the conditions for their activities to develop, so that they may influence state policy through democratic methods. Organizations of various kinds may be dissolved only in the cases provided for by law. In the Republic of Albania, parties and organizations of a fascist, racist or warmongering character, as well as those that seek to overthrow by force the order established by the Constitution, are prohibited.

ARTICLE 9

In its foreign relations, the Republic of Albania protects its independence and national interests and pursues a policy of friendship, cooperation, peace and international security. The Republic of Albania supports good-neighborly relations and relations with all states on the basis of equality, respect for sovereignty, non-interference in internal affairs and mutual benefit. The Republic of Albania opposes every form of aggression, national oppression, racial discrimination and terrorism. It adheres to the principle of the self-determination of peoples, the exercise of full national sovereignty and the equality of all countries in international relations. The Republic of Albania cooperates with international organizations and bodies that operate on the basis of democratic and peace-loving principles.

ARTICLE 10

The Republic of Albania takes care to ensure recognition and respect for the national and democratic rights of the Albanian population living outside the state borders of the Republic.

ARTICLE 11

The following forms of ownership exist in the Republic of Albania: state property, the property of cooperatives and other organizations, and private property. All forms of ownership enjoy equal protection under the law.

ARTICLE 12

The following are state property: land and underground resources, mines, forests, waters, natural energy resources, communication routes by water, natural resources for rail transport, postal, telegraph and telephone services, radio and television stations, cinematography, theaters, broadcasting stations for the above-mentioned specific facilities; with the exception of land, these may be permitted only by law.

ARTICLE 13

Land is granted for use to legal and natural persons. The manner in which land is granted for use, with or without compensation, shall be determined by law. Agricultural land may be used for other purposes only with the consent of the relevant state authorities.

ARTICLE 14

Cooperative property belongs to a group of workers who unite—

ARTICLE 21

Work is the foundation of the country’s entire economic and social life. Work is the main source of livelihood for every citizen.

ARTICLE 22

Legal and natural persons are obliged to contribute to meeting society’s expenses in proportion to their income. The tax system shall be established by law.

ARTICLE 23

The Republic of Albania is a secular state. The state respects freedom of religious belief. Religious faiths are free and equal before the law. Their abuse for political purposes and national division is prohibited. Relations between the state and religious institutions are regulated by law.

ARTICLE 24

The state protects the cultural values and cultural heritage of the people and takes care of the comprehensive development of national culture.

Chapter II — Fundamental Rights and Duties of Citizens

Chapter II Fundamental Rights and Duties of Citizens

ARTICLE 25

Citizens of the Republic of Albania are those who hold Albanian citizenship under the law. No one may be deprived of citizenship without their request.

ARTICLE 26

No restriction or privilege in the rights and duties of citizens shall be recognized on grounds of sex, race, color, origin, language, political beliefs, religious faith, education, social background or position, or material circumstances.

ARTICLE 27

Women enjoy equal rights with men in employment, remuneration, leave, social security, education, all areas of social and political activity, and in the family.

ARTICLE 28

The Republic of Albania guarantees national minorities the rights to freely express, preserve and develop their ethnic, cultural or religious identity, to use their mother tongue and learn it at school, and to develop their culture in all its aspects. Members of national minorities have the right to establish and maintain, without hindrance, contact with one another within the country, as well as across borders with citizens of other states who share the same nationality. Any national privilege or inequality, and any act that violates the rights of national minorities, is unconstitutional and punishable by law.

ARTICLE 29

Citizens who have reached the age of 18 have the right to vote

ARTICLE 34

care and treatment at its health centers free of charge.

ARTICLE 35

Marriage and the family are under the care and protection of the state and society. Marriage is contracted before the competent state bodies and dissolved by them. Parents are responsible for the proper upbringing and education of their children. Children have a duty to care for parents who are incapacitated and lack sufficient means of subsistence. Children born outside marriage have the same rights and duties as children born within marriage. Children left without parents and without support are raised and educated by the state.

ARTICLE 36

The mother and child enjoy special care and protection under the law. The mother has the right to paid leave before and after childbirth. The state establishes maternity homes, nurseries and kindergartens for children.

ARTICLE 37

Citizens have the right to private property.

ARTICLE 38

Citizens have the right to education. Education is organized and directed by the state, is open to everyone, and is provided free of charge. Ten-year education is compulsory.

ARTICLE 39

The state guarantees freedom of creativity in the fields of science, technology, literature, and the arts, and provides for their development. Copyright is protected by law.

ARTICLE 40

Citizens are provided with the conditions necessary to engage in physical education and sports.

ARTICLE 41

Citizens are free to move within the territory of the Republic of Albania. They have the right to choose and change their place of residence. These rights may be restricted by law to avert a threat to public order, the defense of the country, and public welfare; to prevent the danger of an epidemic or the consequences of a natural disaster; to prevent criminal acts; and to enforce criminal sentences. Citizens have the right to leave and enter the territory of the Republic of Albania freely. This right may be restricted only by law, in special cases, to protect national security, public order, health, public morals, or the rights and freedoms of other citizens.

ARTICLE 42

Citizens may not be expelled from the territory of the Republic of Albania. Extradition is permitted only in the cases expressly provided for (Continued on page 2)