1. Parliament - Unicameral vs. Bicameral

Almost two thirds of all modern democratic states have a legislative body with two
houses (bicameral) and one third have the one house (unicameral).  Although there are
some differences in the structure of bicameral legislative body, in essence most of them
are organized in the same manner.  One of the two houses, usually called the Lower
House, has more members and a shorter functioning period.  It is elected through general
and wider elections.  Examples of such houses are: The National Assembly of France,
that one of Switzerland, the German Bundestag, the House of Commons in United
Kingdom, the House of Representatives in the U.S.A. etc.

The other house, usually called the High House, has fewer members and a longer
functioning period of time and is formed in different ways.  The senate of U.S.A. is
composed from two senators from each state elected, for a period of 6 years from
citizens of the state.  Any senator has the right of one vote; some members of the British
House of Lords inherit their position; the others are appointed for life on the prime
minister’s proposal;

Why was there a need for a country to create two legislative houses instead of
one house?

Two, have been the main historical reason:  The first, some federal democracies have
considered it necessary to give their units (states, regions, lands, provinces,) equal
representation in the national legislative organs.  For example the U.S.A. Senate has two
members from each state, without considering the population number.  The second, lower
houses are considered to be very much related and influenced from people’s passions
and as a result are seen as dangerous for stability and welfare of the nation.  Therefore, an
internal control on the activity of the legislative, is seen as necessary.

Some of the qualities of the bicameral Parliaments:

Firstly; referring to the main Parliament’s function, the approval of laws, the High House
(Senate) acts as a filter, which makes it possible to prohibit the approval of the incorrect
and improper laws.  As far as the executive functions of Parliament is concerned, by often
appointing and removing from the duties the (High) Officials of the state, acts as a
guarantee in the selection of the candidates and as a supervisor of the judiciary in this
direction.  The experience of the U.S.A. in this direction: The appointment of the (High)
Officials of state such as members of the Cabinet, directors of the administrative
departments, ambassadors, and federal judges is done through the cooperation of the
Executive with the Legislative (Senate).

Secondly; the two houses Parliament and Senate’s partial renewal guards the legislative
continuity and avoids sensitive submergement of opposition-power relationship after any
legislature or preliminary elections, and the softening of the political tensions.

Thirdly, it is mandatory for the Senate to have as representatives habitants in that district
(zone) where they are elected.

2.  Term of the Legislature

If a bicameral Parliament is founded, will the fate of each house be the same?
If the formula of partial renewal of Senate, and the execution of this renewal immediately
with the elections for the Lower House is followed, the term for this last one is shorter
then that of Senate.
Should the actual 4 years term of the Albanian Parliament be discussed or not?  Will a
shorter term help to avoid the tendency for preliminary elections.  French Experience:
there cannot be a new dissipation of the Assembly during one year of the elections.
The short term of legislature gives voters a chance to correct themselves and reflect for an
appropriate selection of their representatives, where these last ones do not justify the
given trust.

3. Composition: How many members should Parliament have?

This number should be proportionate with the population and the economic power of one
country.  Strong European countries, with a population larger than ours,  such as for
example Ireland, Netherlands etc., have a smaller or approximately equal number of
deputies.
Should the ministers be included in Albanian Parliament?
In countries where the principle of separation of powers is respected, ministers as
representatives of the Executive, are not part of the Legislative.  In some other countries
of western democracies it is requested that whoever holds the post of the minister should
be member of the parliament (United Kingdom,) or the minister is not prohibited from
being at the same time a deputy (France.)  In these countries, the separation of power is
not applied realistically.  On the contrary, these countries apply what is characteristic for
the parliamentary democracies, the mixed powers.
In the first case, prevails the point of view that the deputy is elected as the representative
of people and with goal to exercise the functions of the deputy.  He exercises control over
the executive therefore he cannot be a minister, because he cannot control himself: with
the same reasoning, a minister cannot be at the same time deputy, because he cannot be
part of the parliamentary commissions, where deputies effectively work.  Hence, to be
fully effective, parliament should not incorporate ministers.
What should be done with those who are elected as deputies and after that agree to
become ministers?  They should leave the deputy mandate for the time they are ministers,
and someone else from the proportional list should work effectively as deputies in their
place.

4. Will parliament have the right to raise an accusation for a crime (impeach) and
to relief from duties President of the Republic, ministers or judges?

In the U.S.A. the right to raise an accusation (impeachment) against an official is granted
only to the House of Representatives.  Senate reviews the filed cases.  Nobody can be
declared guilty without two thirds of the present members of the Senate.  The sentencing
decision should not be heavier than the abolition of the right to exercise a duty of honor,
trusted post, or profitable office with awards in service of the U.S.A.  Senate cannot give
other sentence.  Nevertheless, whoever judged guilty, is responsible and subjected to the
accusation, trial, judgment and sentencing according to the law.

5.  When is Parliament gathered?

Who calls it?

French example: National Assembly is called without formality on the second Thursday
after the elections (article 12 of French Constitutional.)

In the U.S.A. Congress assembles at least once a year (and this meeting is held in January
3, if the Congress does not appoint another date as the opening date of the session.  In
Europe, monarch might not call parliaments, in some cases for several years by simply not
appointing the date.  This is the reason why U.S.A. Congress is requested to assemble at
least once a year.

6.  Is it necessary to have a presidium or only one speaker?

America and British practice: House of Representatives elects its own speaker and other
officials.  In fact, the presidium, composed from one chairman and two deputy chairmen,
does the work of parliamentary departments which is more a characteristic of parliaments
in Eastern European countries.

Submitted by Perikli Zaharia (Polloshi)
Director of Department of foreign Affairs
Casation Court
Tirana, Albania
Tel: 355 42 231 26
Fax: 355 42 231 26