Gazetat

DENUNCIATION AGAINST THE UNCONSTITUTIONAL ACTIONS OF BERISHA’S GOVERNMENT

- The parliamentary group of the PS addresses the constitutional court and requests: 1. That Article 2 of the law “On the Referendum,” adopted on 1.10.1994 by the People’s Assembly, be declared unconstitutional. 2. That the decision of the People’s Assembly “On the approval of the Constitution of Albania by referendum” be declared unconstitutional. 3. The suspension of the implementation of the law and of the above-mentioned decision of the Assembly. Socialist Party of Albania Parliamentary Group of the PS Constitutional Court Subject: It is requested that: 1. The decision of the People’s Assembly “On the approval of the Constitution of Albania by referendum” be declared unconstitutional, as an expression of the unilateral will of the President of the Republic. 2. The law “On the Referendum,” adopted on 2.10.1994, be declared unconstitutional, since it is in conflict with the constitutional principles enshrined in the constitutional provisions. In support of this request, it is appropriate to set out the following before you: 1. The request is raised in relation to the referendum held on 2.11.1994. The President of the Republic decreed the holding of the referendum for the approval of the Constitution of Albania by the people, without the approval of the People’s Assembly. 2. The decision of the People’s Assembly “On the approval of the Constitution of Albania by referendum,” taken on 1.10.1994, was a politically motivated act and contrary to the existing constitutional order. 3. The referendum as an institution of public law cannot be used to replace the representative powers of the legislative body. 4. In circumstances where the existing constitutional provisions do not provide for the approval of the constitution by referendum, such an action constitutes a clear overstepping of constitutional limits. 5. The Constitutional Court is requested to suspend the implementation of this law and the corresponding decision until the case is finally examined. From the legal analysis of the constitutional provisions, it clearly emerges that popular sovereignty is exercised in accordance with the basic law and not outside it. The People’s Assembly is the only representative body with the competence to decide on the approval of a new constitution or fundamental changes to the constitutional order. This competence cannot be arbitrarily transferred to the President of the Republic. In the present case, the presidential decree and the decision of the People’s Assembly have created a situation incompatible with the principle of separation of powers. The President has exceeded his constitutional powers, while the parliamentary majority has accepted a procedure not defined by the provisions in force. For these reasons, we request the acceptance of our request and the declaration of the above-mentioned acts as unconstitutional. (Continued on page 5)

THE CONSTITUTIONAL COUP CANNOT BE COVERED UP WITH POPULIST DEMAGOGUERY

Instead of the anti-democratic attack that Sali Berisha is carrying out against the constitutional order, the need for “the will of the people” was once again placed at the center of his propaganda. If the people are asked outside constitutional rules, then the people are being used as a cover for arbitrariness. In a democratic country, the constitution is not a temporary propaganda tool. It is the fundamental contract of the state and society. No one, not even the President of the Republic, can behave as the sole source of legitimacy. Therefore, the attempt to sell an unlawful process as a “high democratic act” convinces no one. On the contrary, it is an act that harms the institutional order and creates a dangerous precedent. (Taken) (Continued on page 5)

It is not good to remind Bolshevism to those who overthrew it

Statement by the spokesperson of the Socialist Forum to the media The Socialist Forum considers that the language used by representatives of power against political opponents is unacceptable and aims to distort public debate. Accusations of the “Bolshevik” type against the opposition are not only absurd, but also historically false. Those who today try to identify the opposition with the totalitarian past are the same ones who politically benefited from the collapse of the communist system and from the transition. It is not good to remind Bolshevism to those who overthrew it. Political debate must be conducted on the basis of programs, the economic crisis and the concrete problems of citizens, not on labels for propaganda consumption. (Continued on page 5)

The 50th anniversary of liberation called for honoring the undeniable values of the LANÇ

The National Liberation Anti-Fascist Movement occupies a bright place in our national history. Any attempt to diminish its role is contrary to historical truth and to the people’s memory. On the eve of the 50th anniversary of liberation, veterans, intellectuals and representatives of public opinion call for honoring the martyrs and all those who contributed to the victory over the occupiers. The values of the LANÇ are an inseparable part of the country’s anti-fascist identity. This anniversary should also serve as a moment of reflection on the need for national unity and respect for historical sacrifices. (Continued on page 5)

Media condemned by the floods

The seriousness of the situation in recent days has once again brought to attention the grave conditions in several areas of the country. Reports on material damage and on the difficulties faced by residents require immediate attention from state structures. However, the way part of the media has tried to deal with this natural disaster has raised questions about professionalism and public responsibility. Sensationalism helps neither the affected nor the public opinion. Accurate information, humanity and coordination among institutions are needed to face the consequences of the floods. (Continued on page 5)

The Socialist Party hall in Korçë is blocked

On 8 October 1994, on the basis of an absurd decision even more unconstitutional than the order to close the PS headquarters in Tirana, the Korçë branch of local government blocked the Socialist Party meeting hall. Since the end of the Second World War, the Socialist Party and the progressive forces have had a tradition of open political activity. Such administrative decisions are a sign of unacceptable political pressure on the opposition. The incident has caused reactions in the city and has been described as an attempt to obstruct legitimate political activity. (Continued on page 4)