The Main Phases of Treatment of Draft-laws

Except for changes of a procedural nature, the legislatures of most democratic
countries, review draft-laws on similar basis before they become laws.  The legislative
initiative depends upon the kind of democratic system.  In most parliamentary
democracies, it belongs to the Government or to the Prime Minister and the members
of the legislative.  In Albania, the legislature initiative belongs, apart from the Council of
Ministers and deputies, even to the President of the Republic and to 20,000 citizens.

In many legislatures, each member has the right to present a draft-law, either by giving
it a “first reading” in a plenary session and making a formal request for its acceptance
or leaving it on the clerk or secretary’s desk.  However, this informal equality on the
right to present draft-laws is being abused.  A lot of democratic legislatures, as for
example, the British House of Commons, makes a formal difference between the
draft-laws presented by the government (the drafts presented by the ministers on
behalf of their ministries or of the government) and the draft-laws presented by
particular members of the House, on their personal initiative.

The Generale Debate

The draft-laws that survive the reviewing process in the commissions (committees) are
reported again to the whole Chamber, in their original form, or in the changed one.
They have a “second reading.”

The Conclusive Passage

After the general debate and after all the presented amendments have been accepted,
refuted or reviewed, the draft-law is given a third and final reading.

In Albania, there is not provided a specific legislative procedure for the reviewing of
some draft-laws of a special character, like the ones on the electoral and constitutional
field, on the field of ratifying of the international treaties, of the approval of the state
budget, the organic draft-laws, the ones on the state emergency or the curfew, etc.  In
such cases, many countries provide that normal procedure of review and approval, is
conducted by one Chamber.  As a rule, more time is provided for in this procedure,
and the Chamber functions as a commission.

The regulation of the legislature of many democratic countries specifies some
procedures on the reviewing and approval of draft-laws that are qualified as urgent.
These procedures are applied more when a draft-law is qualified as very urgent, or of
a particular importance from the Government.  In these cases, the regulation can limit
the duration of speeches and the debate time.


In a lot of bicameral legislatures, the High Chamber has the power only to suggest
amendments and to postpone the draft-laws passed from the Low Chamber, until a
later time.  After the passage at this time and after the Low Chamber has accepted or
refuted the amendments of the High Chamber, the draft-law, continuous to pass in the
next and final phase, without taking into account the subsequent objections of the High
Chamber.  While in the USA and a few other countries, each draft-law must pass
through both chambers in a similar way, before passing to the definitive formulation of
the draft-law, for details, or for main political issues, and none of them did accept the
other version, the divergences have to smooth down and, the draft-law to be
formulated in a such manner, to be approved by the majority in both chambers.  This
problem rises with 30-50% of all the draft-laws that pass through both chambers of
Congress, including almost every important draft-law.

In a true bicameral legislation, the smoothing down of divergences, is done according
to the version of the American commissions (committees)’ conference.  These
conferences, usually achieve compromises between both chambers’ versions, but in
such cases, they prepare draft-laws with a new content.  As a consequence, the
conference has considerable powers relating to the definite content of the draft-law -
as much as some observers call it the “third chamber of the Congress.”  Nevertheless,
such an institution, is indispensable in every true bicameral legislative.  So than, even in
France, every project or proposition, is reviewed consecutively in both chambers, with
the aim of arriving to approve only one text.  When, because of controversies between
two chambers, a project or a proposition could be not accepted after two reading
from each chamber, or if the Government has declared the immediate need, after only
one reading from each chamber, the Prime Minister has the right to ask the gathering of
a mixed commission, on equality bases, in charge for proposing a text on the
contestable norms.  The text, elaborated by the Commission, can be put forward for
approval of both chambers, by the Government.  None amendment is allowed without
the Government’s consent.  If the mixed commission doesn’t achieve an accord on a
joint text, or if the text is not approved as above mentioned, the Government, after a
new reading by the National Assembly and the Senate, can ask to the National
Assembly to decide definitely.  In such a case, the National Assembly, can pass again
the text elaborated by the mixed commission, as well as the text approved by itself
and, eventually changed by one or more amendments, accepted by the Senate.

The definitive action undertook by the Executive or the Head of the State

After the legislative has officially approved a draft-law, this one is usually presented to
the Executive or the Chef of the State, for the official approval and, for the
promulgation.  In the parliamentarians’ systems, the presidents or the kings didn’t have
other choice, but to approve the draft-laws and to declare them as laws.
Nevertheless, the presidents can exercise the veto.  In these cases, the draft-law can
be done a law, only if it passes on the respective chambers, with the wanted majority
by the constitution.  This majority in some countries is wanted to be an absolute one,
and in some other is qualified as 2/3.

Submitted by Perikli Polloshi
Director of Foreign Affairs Department
Court of Cassation
Tirana, Albania
Tel: 00355 42 231 26
Fax: 00355 42 231 26