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Zëri i Popullit

E shtunë, 11 mars 1993

The alternative draft constitution is not only complete, but also fully lawful

Interview with Dr. Ilir Shkreli[?], jurist, KOSTA GAZELI and our journalist Ardian Mysyri[?]. The alternative draft constitution is not only complete, but also fully lawful Interview with Dr. Ilir Shkreli[?], jurist, KOSTA GAZELI and our journalist Ardian Mysyri[?]. Question: In political circles, the view is circulating that the parliamentary opposition has completely replaced the draft constitution with its own draft; indeed, in various public circles it is being said that the socialists are no longer dealing with the constitution. Is this assessment correct? Answer: These rumors are circulating not through negligence, but deliberately. The alternative draft constitution, prepared by the specialists of the PD and published in their newspaper, cannot replace the constitutional draft prepared by the specialists of the PP and already proposed by the parliamentary party. Mr. Ali Spahia and the PD newspaper spread this statement in order to diminish the impact of the socialists' constitutional draft. In reality, the draft constitution was not replaced by the draft of the PD specialists. First, because the parliamentary opposition has not yet declared whether it will accept the draft of its specialists as its own draft. This would happen only if its deputies signed an official declaration to that effect. So far, no such declaration has been made. Second, the opposition specialists' draft, the one published in the PD newspaper, is diametrically opposed to the one presented to us by the parliamentary opposition. This is also made clear by the way the main issues of the constitutional framework have been handled. Third, it is not known whether the constitutional draft of the specialists is complete and exhaustive on the issues of a constitution, or whether it is only a preliminary version to which other parts still need to be added. This emerges from a discrepancy with the structure of the constitution set out in the PD newspaper. Let us look at the facts. From the short notice in the newspaper "Rilindja Demokratike" about their draft, it appears that its specialists have conceived the constitutional draft only as the fundamental act regulating the reciprocal relations between the highest organs and powers. There it emphasized that their draft deals only with issues such as the separation of powers, the role of the president, the government, etc. This is also the viewpoint reflected in the structure of their draft published in the newspaper. However, the constitution is not only the fundamental act regulating relations and high powers. The constitution also contains the basic principles of the political, economic and social order, as well as the fundamental rights of citizens. These necessary parts are missing from the published structure of the PD specialists' draft. Therefore the question arises: are we dealing with a complete draft constitution, or with a partial draft? If they have presented their draft as complete, then it is not only truncated, but also in contradiction with the modern concept of a constitution. If it is a partial draft, then the parliamentary opposition cannot yet call it a complete alternative draft. Moreover, it is not even known who the constitutional subject is that bears responsibility for this text. Question: What, in your view, are the main differences between the draft of the PD specialists and the draft presented by the socialists? Answer: The differences are numerous, but I will dwell on some of the main ones. Our draft, unlike that of the PD specialists, is built on the idea of a modern, complete constitution that includes not only the organization of power, but also the foundations of the economic and social order, freedoms and human rights, the role of property, political pluralism, and the institutions of the rule of law. The other draft, as presented, narrows the concept of constitution excessively. Another difference concerns political and legal legitimacy. The alternative draft of the parliamentary opposition, made public by us, is identifiable as a political draft because it is supported by a specific parliamentary subject. The text of the PD specialists does not yet have this status. It is the product of experts, but not necessarily a politically approved document. In the context of the constitutional debate, this is very important. Question: There have also been polemics about the lawfulness of submitting the alternative draft. How do you assess this? Answer: I think there has been deliberate misinformation here. The alternative draft is not only complete, but also fully lawful. The parliamentary opposition has the right to submit an alternative text, make it public, and defend it in debate. This is in line with the logic of pluralism and with democratic practice. Indeed, one of the advantages of the constitutional debate is precisely the confrontation of alternatives. To say that such a draft is unlawful is either ignorance or an attempt to obstruct the debate. Question: How do you see the continuation of this process? Answer: What matters is that public opinion not be deceived by propaganda statements. The texts, concepts, and concrete solutions must be compared. Only in this way can one see which draft best responds to the needs of the country and constitutional standards. We remain convinced that the alternative draft we have presented is serious, complete, and legally grounded. (Continued on page 3)
Ali Spahia Kosta Gazeli Ardian Mysyri[?] Ilir Shkreli[?]

AND THE ESTABLISHMENT OF PERSONAL POWER

AND THE ESTABLISHMENT OF PERSONAL POWER The recent developments in the political situation have in some way reshaped reflections on the economic situation, on efforts to halt and further mitigate its decline. The political developments of the last few days have somewhat pushed the economic issue out of public attention and analysis. This has happened at a time when the country is facing serious problems of production, the market, unemployment, and the decline in living standards. Under these conditions, any assessment of the economic situation must be seen as closely linked to political and institutional developments. There can be no economic recovery without political stability, without clarity in reforms, and without institutions functioning on the basis of law. On the contrary, tendencies toward excessive centralization, personalization of decision-making, and marginalization of institutions create negative consequences in the economy as well. This is precisely where our concern lies: the country needs openness, consultation, participation, and a real division of powers, not a strengthening of personal power. Any attempt to replace institutional functioning with the will of an individual or a narrow group weakens public accountability and increases uncertainty. If this course continues, the risk is not only political. It is also economic and social. Investors hesitate, the administration becomes unstable, reforms lose credibility, and citizens feel increasingly unprotected in the face of the daily crisis. Therefore, a return to institutionalism, dialogue, and respect for constitutional rules is not a theoretical luxury. It is a necessary condition for emerging from the crisis. (Continued on page 2)

For the resumption of the Tirana-Athens dialogue

For the resumption of the Tirana-Athens dialogue Recent developments in Albanian-Greek relations, and especially the temporary suspension of official contacts, have increased interest in ways of overcoming tensions. In this context, the resumption of the Tirana-Athens dialogue is considered a political and diplomatic necessity. Relations between the two countries cannot remain hostage to incidents or to the rhetoric of the moment. They need measured handling, respect for mutual interests, and concrete efforts in favor of regional stability. This is in the interest not only of Albania and Greece, but also of the climate of cooperation in the Balkans. For dialogue to be fruitful, it must rest on the principles of equality, non-interference, and respect for human rights. These are essential premises for avoiding the recurrence of crises and for creating a more stable basis of understanding. The existing challenges are not few, but closing the channels of communication would worsen them. Therefore, the resumption of political and diplomatic contact is a necessary step. (Continued on page 3)
Tiranë Athinë Shqipëri Greqi Ballkani

The political spectrum and the reality of privatization in Albania

The political spectrum and the reality of privatization in Albania Next Thursday, responsibility and the establishment of personal press. (Continued on page 3)
Shqipëri

This government is anti-worker and anti-democratic

This government is anti-worker and anti-democratic In view of the economic and social conditions, especially developments of recent months, it is clear that the policies pursued by the government have deepened the difficulties of the majority of the population. Rising unemployment, weakening production, social insecurity, and the lack of a clear perspective for low-income groups are signs of a wrong course. The government has promised reforms, but for many citizens the reforms have translated into immediate costs and unclear benefits. Instead of defending the interests of workers, it has often acted unilaterally, favoring approaches that bypass social dialogue and representative institutions. This is why a broad section of public opinion describes this government as anti-worker. Its policies have not created real guarantees for work and livelihood, but have increased inequalities and insecurity. Its anti-democratic tendencies are just as troubling. Centralized decision-making, disregard for dissenting views, and the use of the political climate to weaken opponents are symptoms of a government that is moving away from democratic standards. Democracy cannot be reduced to a numerical majority. It requires respect for the opposition, for institutions, for freedom of speech, and for the rule of law. When these are undermined, not only political life is harmed, but also citizens' trust in the democratic order. (Continued on page 3)

TOMORROW YOU WILL READ:

"A European community cannot exist as an island of wealth in a sea of poverty"
Evropian

The aforementioned. (Continued on page 2) (Continued on page 3) (Continued on page 2)