12/10/1994
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Zëri i Popullit

12 October 1994

PRESIDENT BERISHA HASTENS TO «REAP THE UNCONSTITUTIONAL FRUITS»

While the complaint by the Socialist Party parliamentary group has arrived at the Constitutional Court, seeking to have Article 2 of the law «On the Referendum» and the People’s Assembly decision «On the Approval of the Constitution of Albania by Referendum» declared unconstitutional, President Sali Berisha hastened to decree November 6 as the date on which the referendum on the Constitution would be held. Apparently, Albanians have no reason to spend much time thinking about our Constitution before voting «like sheep», as the party wants, putting on PD glasses and convincing themselves that this is «the best Constitution in the world». President Berisha has reason to hurry and «reap the fruits» of the unconstitutional seeds he himself has sown.

COMPLAINT AGAINST THE UNCONSTITUTIONAL ACTIONS OF BERISHA’S GOVERNMENT

- The SP parliamentary group appeals to the Constitutional Court and requests: 1. That Article 2 of the law «On the Referendum», adopted by the People’s Assembly on 7.10.1994, be declared unconstitutional. 2. That the People’s Assembly decision «On the Approval of the Constitution of Albania by Referendum» be declared unconstitutional. 3. Suspension of the implementation of the above-mentioned law and decision. Socialist Party of Albania SP Parliamentary Group Constitutional Court Subject: The following is requested: 1. That Article 2 of the law «On the Referendum», adopted by the People’s Assembly on 7.10.1994, be declared unconstitutional. 2. That of Albania by Referendum» be declared unconstitutional. 3. Suspension of the implementation of the above-mentioned law and decision. The legal basis for the request is Article 25 of the law «On Certain Amendments and Additions to Law No. 7491, dated 29.4.1991, “On the Main Constitutional Provisions”.» Mr. Chairman! Honorable judges! As you are aware, on 7.10.1994 the People’s Assembly adopted the law “On the Referendum”, stating that it would enter into force immediately. Likewise, on 10.10.1994, the People’s Assembly decided that the Albanian Constitution should be approved directly by the people through a referendum. [The following is] in keeping with the content of certain constitutional provisions: 1. Under Article 15 of the law «On the Main Constitutional Provisions», the People’s Assembly is the highest body of state power and the only legislative body. In short, according to the above-mentioned provision, legislative power in Albania is exercised only by the People’s Assembly and nobody else. 2. Most importantly, under paragraph 2 of Article 16 of this law, among its principal powers the People’s Assembly has the drafting and approval of the Constitution and other laws. Therefore, no other body besides it has the power to approve the Constitution referred to in Article 2 of the law «On the Referendum». Contrary to the content of the above-mentioned provisions, government officials and members of the majority group have claimed that the right to adopt the above-mentioned law falls within the competence of the People’s Assembly. These claims have no basis in law. [Regarding] the exercise of power over one or several concrete issues, it is not difficult to understand that by the words “and by referendum” the legislators meant a procedure for concrete issues on which two alternative positions are put forward. c) Besides these points, and most importantly, when the People’s Assembly adopted the above-mentioned law as a whole, it did not envisage that the Constitution could also be approved by referendum. Therefore, by imposing restrictions in this regard, it provided that the Constitution could be adopted and amended only by parliament. Had the legislative body considered this normal, it would have drafted the wording of paragraph 2 of Article 16 of this law differently. 3. From the wording of Article 44 of the law «On the Main Constitutional Provisions», which stipulates that the provisions of that law remain in force until ... [the text is incomplete]. [The decision] is of great procedural significance, because a total of 63 deputies took part in the vote, fewer than the number required to constitute a quorum, since, under Article 43 of the Rules of Procedure of Parliament, a law may be adopted only when more than half of the total number of deputies participate in the vote. Thus, the failure of the total number of deputies to participate constitutes a serious violation of the law by the presidium of the People’s Assembly and also runs counter to the spirit of constitutional law. In connection with the above, we state that the decision dated 10.10.1994 is unconstitutional, because it was adopted on the basis of and in implementation of that law, which had not entered into force on that date, despite the claim that it supposedly entered into force immediately. In view of the foregoing, the Socialist Party deputies’ group insisted that the Constitution be approved by parliament. Furthermore, should parliament deem it necessary, we agreed that, through the relevant amendments and additions to the above-mentioned provisions, it could be submitted to the people by referendum. In view of the foregoing, we request: 2. That the implementation of the above-mentioned law and decision. Chairman of the PSSH Parliamentary Group NAMIK DOKLE It is not good to remind those who overthrew Bolshevism of it Statement by the spokesperson of the Albanian Eurosocialist Forum The Eurosocialist Youth Forum has always followed with attention the “Issue” of Albania’s new Constitution. It has conveyed this attention, as well as its concern, through its leaders who are members of the SP parliamentary group. The Eurosocialists put forward one of the most moderate proposals for resolving the procedure for approving the Constitution. The proposal concerned the fact that issues for which a two-thirds majority of votes is not secured in parliament should then be put to a popular referendum in the form of options. This proposal was also opposed by the President of the PD, Mr. Sali Berisha, at his press conference, where he called it “absurd” and, according to the old Bolshevik concept... Mr. President should know that Eurosocialists have not had the “fortune” of “studying” Bolshevism in order to put that theory into practice. of it. History has shown that Bolsheviks were “distinguished” in the century of constitutions “in the name of the people”. Eurosocialists will always express concern in the face of bad imitations of history and can never reconcile themselves to them. Gentlemen decided that the Albanian Constitution should be adopted directly by referendum by the people. Both the organic law “On the Referendum” and the above-mentioned decision to adopt the Constitution by referendum are unconstitutional, since they conflict with the provisions of the law “On the Main Constitutional Provisions.” Specifically: Under Article 2 of the aforementioned law, a referendum may be called to adopt the constitution and its amendments, as well as other matters of particular national importance relating to the independence and territorial integrity of the Republic of Albania. A referendum may also be called on important matters concerning the country’s territorial administrative units, provided that they do not undermine the unique national character of the Albanian state. This provision of the law conflicts with ...

THE CONSTITUTIONAL COUP CANNOT BE HIDDEN BY POPULIST DEMAGOGUERY

With the decision taken on Monday by the parliamentary group of the democratic majority, the constitutional coup was legalized in Albania. The highest body of power elected by the people was disgracefully violated, with its right to approve the Constitution denied—a right granted to it by the existing constitutional law. Albania thus entered the path of violating democratic institutions, painstakingly established during these three years of political pluralism. This unprecedented act in the history of democratic countries was accompanied by two main phenomena: on the one hand, the speed and surprise of the putschists’ actions; on the other, the major propaganda racket by the PD leadership to cover up the illegal act with populist demagogic rhetoric and accusations against opposition forces. These two factors were the PD’s only «allies», HAMDI JUPE. (Continued on page 3)

The 50th anniversary of liberation calls for honoring the indisputable values of the National Liberation Anti-Fascist War

The National Liberation Anti-Fascist War was an epoch-making event that secured freedom for the Albanian people. The National Liberation Anti-Fascist War was an epoch-making event that secured freedom for the Albanian people and placed Albania on the side of the great anti-fascist coalition, among the victors. The communists and honest Albanian patriots have the indisputable merit of having united the Albanian people, regardless of political convictions, and of having organized and led them in defense through to complete victory. Commemorating this great event, on the 50th anniversary of its victory over the Nazi-fascist occupiers and their collaborators, is a great obligation to those who fought heroically and shed their blood for Albania’s liberation; it is a duty owed to the memory of the glorious generation that shouldered the fulfillment of the historic task facing Albania; it is a great obligation to honor and defend the great and indisputable values of the National Liberation Anti-Fascist War. A history written in blood and for all time, among a people who, even for a wink of sleep, do not rejoice, nor does the victorious war and life ... ... [The text is damaged/incomplete] democratic values of the National Liberation Anti-Fascist War foster division, hostility, fratricide, misery. The Socialist Party of Albania condemns every political distortion of history and of the appraisal of the National Liberation Anti-Fascist War by the totalitarian regime, as well as the new distortions and mutilations of its [text unclear], encouraged by political passions and social interests that serve the deception and maiming of history. It denounces this attempt as anti-historical, divisive and anti-Albanian. The Socialist Party believes that it is never too late to assess realistically the National Liberation Anti-Fascist War, its heroes, ideals and symbols, and to place this realistic and objective assessment at the foundation of a strategy of national reconciliation and unity in the interests of all Albanians. The Socialist Party took part in and contributed to the Pluralist Commission for the celebration of the 50th anniversary of Albania’s Liberation, established on the initiative of the National Committee of National Liberation Anti-Fascist War Veterans in cooperation with the Independent Democratic Veterans’ Organizations. (Continued on page 3)

From the correspondent to the special envoy in Macedonia: Will the Albanians take part in the elections?...

Yesterday, on October 11, 1994, the chairman of the Party of Democratic Prosperity, based in Tetovo, Abdurrahman Halili, met with Foreign Envoy Jakashit, and they discussed ways and means of finding the best possible electoral arrangements, so that the Albanians living in their ancestral lands in the former Yugoslav Republic of Macedonia could take part in the elections. In connection with this issue, a meeting of all the Albanian parties is being held in Tetovo today at 10 o’clock to decide whether Albanians will take part in the elections or not. In their initial reactions following the press conference held by President Berisha, the Albanian political parties welcomed his statement that Albanians should register on the electoral lists. Meanwhile, PPD is organizing its central rally in Tetovo this evening. Whether Albanians will take part in the elections on Thursday remains unclear. Correspondent of “Zëri i Popullit”

LAÇ Severe damage from flooding

The heavy rains of recent days brought consequences of no small scale for the residents of the Laç district. Although smaller in scale, they reminded the residents of this district of the unprecedented floods of November ’92. The most painful event caused by the heavy rainfall occurred in the village of Zheje, where four-year-old Edi Fran Piroli lost his life in the raging waters. At the Laç district council, we ... (Continued on page 2) At district level, the area of flooded land is estimated at 1417 ha. The largest flooded areas are in the municipality of Laç, 290 ha, and the communes of Fushë Kuqe and Milot, 614 and 413 ha respectively. Particularly severe damage has been inflicted on the cultivated areas ...

Socialist Party headquarters in Korçë blocked

Since Friday morning ... without caring at all how long they will stay there, while the PS in Korçë has been thrown into a unit ... undecided about entering it. The owner of this building has finally decided to resolve this conflict between himself and the state in this way. All that remains is to apply at the doors of the local authorities, while its representatives ... ... the PS representatives ... (Continued on page 4)

IT IS NOT GOOD TO REMIND THOSE WHO OVERTHREW BOLSHEVISM OF IT

Statement by the spokesperson of the Albanian Eurosocialist Forum