This is the day for the judges of the Constitutional Court to demonstrate their professionalism and conscience. Will they submit once again to political power?

- Constitutional provision 16/2 is being openly violated - Interview with jurist Niazi Jaho Question: At the proposal of the President of the Republic, the People’s Assembly decided that the Constitution should be approved in a popular referendum. What is your opinion on this? Answer: There is no doubt that a referendum is the highest and broadest form of democracy. It is one of the ways in which the people exercise their power; therefore, to oppose this direct form of exercising that power a priori is absurd. But from a legal standpoint, in my opinion, the decision of the People’s Assembly in question does not seem lawful to me. What are the arguments? Article 16-2 states: «The People’s Assembly approves and amends the Constitution». The legislative body intended to reserve this competence exclusively for itself (the Assembly), and for no one else. Question: If that is so, how should we understand what Article 3 of the «Main Constitutional Provisions» says—that the people also exercise power by means of a referendum? The Assembly decided that the Constitution should be approved by referendum; why, then, should this decision not be lawful? Is there not a contradiction here? Answer: It is true that the second paragraph of the main constitutional provisions states: «The people exercise power through their representative bodies and by referendum», but this does not mean that the Constitution too may be approved by referendum. Constitutional provisions must be considered and interpreted in relation to one another. At first glance, or on a simple reading of Article 3, it appears as you say, that is, that the Constitution may also be approved by referendum. But the legislator (its intention) wanted to retain this competence for itself. Someone might say that this is not right. That may be so. And if so, Article 16-2 should have been amended, whereas in fact it remains in force to this day. So, in conclusion, for all referendums (with the exception of approval of the Constitution) we may refer to Article 3 of the «Main Constitutional Provisions». How is it possible that the people should not have this right?! Agreed, but there is a rule, a principle mentioned above as well: an error or gap in the law is corrected by laws, not by bypassing legal procedures. Question: In your view, what would the lawful procedure be? Answer: To be more precise: not in my view, but according to the law, Article 16-2 needs to be amended. Under Article 43 of the Law «On the Main Constitutional Provisions», the President of the Republic of Albania, the Council of Ministers, or at least 1/4 of the deputies could submit to the People’s Assembly a draft law amending Article 16-2, in whatever wording they wished. It is understood that this proposal would be approved by a majority of 2/3 of all deputies. (Continued on page 2) The President would be a head with a particular form, and with the referendum; since then the [reign?] has no restraint anymore. Is there a rush to overcome possible obstacles; to make up for lost time; to get somewhere? It is difficult even to have time to read the draft. For the first time in the pluralist era, such a broad political opposition bloc has been formed. The parties themselves reiterated their position in the coalition; not only the PSD, but also the PR, the party closest to the PD until now, support sending the draft constitution to parliament and then amending it by popular vote. Nevertheless, the PD does not want to listen to anyone and rushes and fights alone, following the lesson «even alone, a brave man in battle». Life before coming to power—1990 to March 1992, and especially its period in government from March 1992 to October 1994—is full of facts, experiences and traditions of the PD, which the people know well because they live through them, most with small sacrifices and hardships. It is very easy to understand the governance of the PD and its president after the likely approval of the draft, so hastily put forward and defended with the «brave man alone in battle» complex. THANAS DINO

At a time when all political forces, public opinion and, one might say, the entire people were waiting for and demanding a Constitution, the PD, according to its leaders’ way of thinking, had it in its grasp and could give it or withhold it; it was calm, slow and unhurried. Back then, it would drive you mad with its patience, indifference and self-assurance. Many things unfolded contrary to its wishes and pressure, and recently it returned to its familiar style from the beginning: haste, fury, recklessness and irresponsibility. One fine night, the President appeared on TV and read us his message about a referendum; since then the [reign?] has had no brakes. Is there a rush to overcome possible obstacles, make up for lost time,

They oppose President Berisha’s idea Keïstag Traja, jurist and member of the Draft Constitution Commission, said the following about the referendum in the newspaper «Republika» dated 4.9.1994: «What is the drawback of a referendum, besides its indisputable advantages? It is that if approval of the Constitution were added to the referendum, the people would be given only one chance. A one-dimensional space: to say yes or no. Meanwhile, what happens? World practice shows this: issues put to popular referendums must always be concrete, so that one can answer them unambiguously, yes or no. The issue here is very general. There are many more fundamental and vital problems for the country’s political life. And one cannot answer yes or no. So what is to be done?» The only solution is a Constituent Assembly, that is, the broadest representation through parliament, thereby avoiding the harm of the referendum. Yes! No!» Spartak Ngjela, jurist, said in «Republika» dated 8.9.1994: «...when it comes to approving a constitution consisting of more than 100 provisions, a referendum cannot provide a solution, since it is absolutely inapplicable.» [visible text in the upper section] referendum. The Assembly decides not to deal with a referendum; why referendum. Constitutional provisions must be considered

While reports were coming from Belgrade about the preparations of several hundred and thousand armed men, led by Ahmet Zogu, to overthrow Fan Noli’s government, both inside and outside Albania it was being trumpeted: «The appointment of a ruler—understood to be put to an election—is Albania’s road to salvation». The arguments are objective and subjective, domestic and foreign, political and economic. Among the most striking is: «A known but true fact is that Albania is facing an experiment (trial) in this regime, in order to put itself in order ...» The absence of strong governmental authority—«is seen as a misfortune and the cause of so many tragedies in the country»—and the country has long since lost it, while establishing it was a path that could restore the trust of the Albanian people and of foreign states and peoples. According to sources of the time, «Jeta e Shqipërisë» ... «...the state’s [security?] from the intrigues and secret agreements of its neighbours». Alongside these, the openly stated reason is put forward: «Foreign finance refuses to lend money to a government». Except when it takes the deeds to the whole country for five years. But while speaking of the need for central authority, of the advantage of an iron hand, although it was conceived as an appointment by the League of Nations or the great powers, Europe—and just as Prince Wied had been appointed—it was not forgotten to say that the governor’s appointment should be made with the consent of the people of Albania, otherwise ... Reading these arguments today, one cannot help but feel indignant: how closely did the objective and domestic arguments actually correspond with the subjective and foreign ones? To what extent, and in what way, were objective factors and the country’s real needs put to use for specific subjective aims and ... [illegible section] In other respects, and not «the other way around». But instead of answering, let us look at the further chronicle of events. On 24 December 1924, with the help of the Serbian capital, Ahmet Zogu entered Tirana and overthrew Fan Noli’s government. On 5 January 1925, the cabinet headed by Iljaz Vrioni (prime minister before the June Revolution) submitted its resignation, and the High Council tasked A. Zogu with forming the new cabinet. On 6 January 1925, Ahmet Zogu formed the new government. On 7 January he announced his programme, highlighting among other things: «The disarmament of all regions will begin as soon as possible; I do not want ... [unclear]». ...against it. Presenting the government’s programme before parliament, Ahmet Zogu clearly declared: «As Your Excellencies know, recently some new and very dangerous ideas entered Albania; those ideas were Bolshevism. Although these people have disappeared from Albania, the government’s domestic policy, taking into account the counter-revolution, will be a strict pursuit of those people until this idea disappears completely from Albania. In addition, there are other ideas that are also dangerous, for example: the development and freedom of the peasants. It seems to me that the time has come for those people to disappear from Albania too, their [unclear] to be changed, and internationalist and subversive ideas to disappear once and for all from Albania. And none of this remained merely at the level of propaganda; it was institutionalized. Internment and persecution became the most frequently used instruments. The law «On the internment of propagandists» was proclaimed, as well as laws «On dangerous propaganda...» and against the regime, which ... (Continued on page 2) On 24 December 1924, with the help of ... Ahmet Zogu entered Tirana ... On 7 January he announced his programme ... [The column text continues and is partly illegible]

FROM THE COUNTRY Tirana: Cholera threatens again. After Peqin, more than 20 people from Tirana, Krozhogjina Laçi and Kavaja have been admitted in recent days to Tirana’s infectious diseases hospital with clinical signs that point to cholera infection. Malësi e Madhe: A special popular decision is approved. At a gathering in recent days, representatives of the clans’ brotherhoods, elders, young people and intellectuals of the region decided to ban gunfire at weddings, engagements and celebrations. Has: Drinking water is lacking in many villages in this district. The newspaper is informed by «Gafur Mazreku». The situation is more difficult for the villagers of Pusi i Thatë, in the municipality of ... Peqin. For months and years, the local residents have been using their water for drinking without any guarantee of its cleanliness. FROM THE WORLD The Bosnian Serb forces demanded that the Muslim-majority Bosnian army completely evacuate the demilitarized zone on Mount Igman before 21; otherwise, they would launch an offensive to drive them out, a NATO official said. German President Roman Herzog, who began an official visit to Belgium yesterday, emphasized the importance of Western ties for the former communist countries of the East. He noted that the European Union should help these countries so that one day they can become members of it. Seven people were arrested a week ago by Romanian police while attempting to sell seven kilograms of uranium, police sources said on Tuesday. These people—three Moldovan citizens, two Jordanian citizens and one Romanian—were offering uranium for 400,000 dollars in front of a restaurant in Vrancea County, according to an investigative source.

NGA BOTA

WHAT DOES THE DRAFT CONSTITUTION PROVIDE REGARDING THE POWERS OF THE PRESIDENT OF THE REPUBLIC? The President is Commander-in-Chief of the Armed Forces The President is Chair of the High Council of Justice [National Security] The President also chairs meetings of the Council of Ministers The President dissolves Parliament The President is a member of the party’s leadership bodies