Albania | Constitutional Provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

No specific provisions

2. Provisions concerning international treaties

Article 121 1. The ratification and denunciation of international agreements by the Republic of Albania is done by law if they have to do with:

a) territory, peace, alliances, political and military issues;

b) freedoms, human rights and obligations of citizens as are provided in the Constitution;

c) membership of the Republic of Albania in international organizations;

d) the undertaking of financial obligations by the Republic of Albania;

e) the approval, amendment, supplementing or repeal of laws.

2. The Assembly may, with a majority of all its members, ratify other international agreements that are not contemplated in paragraph 1 of this article.

3. The Prime Minister notifies the Assembly whenever the Council of Ministers sign an international agreement that is not ratified by law.

4. The principles and procedures for ratification and denunciation of international agreements are provided by law.

Article 122 1. Any international agreement that has been ratified constitutes part of the internal juridical system after it is published in the Official Journal of the Republic of Albania. It is implemented directly, except for cases when it is not self-executing and its implementation requires issuance of a law. The amendment, supplementing and repeal of laws approved by the majority of all members of the Assembly, for the effect of ratifying an international agreement, is done with the same majority.

2. An international agreement that has been ratified by law has superiority over laws of the country that are not compatible with it.

3. The norms issued by an international organization have superiority, in case of conflict, over the laws of the country if the agreement ratified by the Republic of Albania for its participation in the organization expressly contemplates their direct applicability.

Article 123 1. The Republic of Albania, on the basis of international agreements, delegates to international organizations state powers for specific issues.

2. The law that ratifies an international agreement as provided in paragraph 1 of this article is approved by a majority of all members of the Assembly.

3. The Assembly may decide that the ratification of such an agreement be done through a referendum.

3. Provisions concerning constitutional reform

Article 177 1. Initiative for revision of the Constitution may be undertaken by not less than one-fifth of the members of the Assembly.

2. No revision of the Constitution may be undertaken during the time when the extraordinary measures are taken.

3. The draft law is approved by not less then two-thirds of all members of the Assembly.

4. The Assembly may decide, with two-thirds of all its members, that the draft constitutional amendments be voted in a referendum. The draft law for the revision of the Constitution enters into force after ratification by referendum, which takes place not later than 60 days after its approval in the Assembly.

5. The approved constitutional amendment is put to a referendum when this is required by one-fifth of the members of the Assembly.

6. The President of the Republic does not have the right to return for review the law approved by the Assembly for revision of the Constitution.

7. The law approved by referendum is declared by the President of the Republic and enters into force on the date provided for in this law.

8. Revision of the Constitution for the same issue cannot be done before a year from the day of the rejection of the draft law by the Assembly and 3 years from the day of its rejection by the referendum.

4. Provisions concerning referendums

Article 150 1. The people, through 50 thousand citizens who enjoy the right to vote, have the right to a referendum for the abrogation of a law, as well as to request the President of the Republic to hold a referendum about issues of special importance.

2. The Assembly, upon the proposal of not less then one-fifth of the deputies or the Council of Ministers, can decide that an issue or a draft law of special importance be presented for referendum.

3. Principles and procedures for holding a referendum, as well as its validity, are provided by law.

Article 151 1. A law approved by referendum is promulgated by the President of the Republic.

2. Issues related to the territorial integrity of the Republic of Albania, limitations of fundamental human rights and freedoms, budget, taxes, financial obligations of the state, declaration and abrogation of the state of emergency, declaration of war and peace, as well as amnesty, cannot be voted upon in a referendum.

3. A referendum upon the same issue cannot be repeated before 3 years have passed since it was held.

Article 152 1. The Constitutional Court reviews preliminarily the constitutionality of the issues put for a referendum according to article 150, paragraphs 1 and 2, Article 151, paragraphs 2 and 3, as well as article 177, paragraphs 4 and 5, within 60 days.

2. The importance of special issues, as provided in paragraphs 1 and 2 of article 150, is not subject to judgement in the Constitutional Court.

3. The date of the referendum is set by the President of the Republic within 45 days after the promulgation of the positive decision of the Constitutional Court or after the term within which the Constitutional Court had to have expressed itself has expired. Referenda can be held only in one day of the year.