- In
This Issue:
CEELI-GTZ
Major Powers Symposium
Constitutional
Commission Reception
Norwegian
Government Sponsors Transcription of Commission Debates
CEELI-GTZ
Focused Discussion Groups on Judicial Power
Norwegian
Government Sponsors Off-Site Commission Meetings
Venice
Commission Returns to Tirana
ACCAPP-ELSA
Focused Discussion Group on Executive Power
Constitutional
Progress
Upcoming
Events
_________________________________________________
accapp/qakapp OSCE Presence Rr.
"Donika Kastrioti" Vila 6
Tiranë, Albania
355-42-40672 (v) 355-42-40673 (f)
[email protected]
CEELI-GTZ Major Powers Symposium
On 13-15 May 1998, CEELI and GTZ, in
coordination with ACCAPP, hosted the
Major Powers Symposium in Tirana. As
its name indicates, the Symposium was structured
to focus on the three classic constitutional themes
of legislative, executive, and judicial powers.
Each of the three days was devoted to a different
theme.
The President of Albania, Rexhep Meidani, opened
the Symposium, with United States Ambassador
Lino, German Ambassador Disdorn, and OSCE
Ambassador Everts contributing opening remarks.
Three foreign experts participated, all of whom
have been involved in Albanian constitutional
reform for several years: John Paul Jones,
Professor of Law from the University of
Richmond School of Law in the United States,
Gnter Frankenberg, Professor of Law from the
University of Frankfurt/Main in Germany, and
George Katrougalos, a constitutional scholar from
Athens, Greece. Prior to the Symposium, the
foreign experts had an opportunity to meet with
the Albanian Technical Staff of the Parliamentary
Commission on the Constitution to discuss those
issues the technical advisors have encountered
during the drafting process.
The structure of the Symposium deviated from the
standard workshop format. Each day the
Symposium began with the foreign experts giving
a brief presentation on issues associated with the
theme covered that day, followed by presentations
from the Commission Technical Staff.
Parliamentary Commission members as well as
members of the audience then debated with the
experts on the merits of the issues.
During the Symposium, special consideration was
given to Constitutional Commission members
before opening the floor to all members of the
audience so that they could address their concerns
directly to the experts themselves. Members of
the Constitutional Commission were joined by
colleagues from around the country, including the
Minister of Justice, members of the Court of
Cassation and Constitutional Court, prosecutors,
district court judges, mayors, lawyers, NGO
representatives, government officials, and High
Council of Justice members. Approximately 100
participants attended each day.
A number of topics were addressed in each
session, but there were clear focal points as well.
With respect to legislative power, the most
controversial issue involved whether Albania
should adopt a unicameral or bicameral legislature.
In terms of executive power, the most debated
issue was whether Albania should have a strong
president or a strong prime minister and the
powers associated with each. The judicial
discussion focused on a couple of issues: the
placement of the Office of the General Prosecutor
within the constitutional framework and whether
the Constitutional Court should be a separate body
or whether its functions should be commingled
with the functions of the Court of Cassation.
Throughout the Symposium, the debate was
spirited and constructive with members of all
major political parties taking part, including the
Union for Democracy. The Symposium closed on
the same collegial note with a reception hosted by
the German Embassy.
Segments from all three days of the Symposium
were broadcast on Albanian evening news,
including interviews with the foreign and Albanian
experts. ABA CEELI is currently drafting a
Symposium report memorializing the discussion
which took place and developing a television
news magazine program of all three days. These
materials will provide a base for the regional
discussions which will take place in the summer
and fall outside of Tirana.
Contact Information:
ABA CEELI
Rr. "Ismail Qemali," Nr. 30
Tirana, Albania
Tel/Fax: 355-42-34950
E-mail: [email protected]
Liaison: Elizabeth Nochlin
E-mail: [email protected]
Liaison: Kim Meyer
ABA CEELI
740 15th St., N.W., 8th Floor
Washington, D.C. 20005-1009
Tel: (202) 662-1950
Fax: (202) 662-1597
E-mail: [email protected]
Country Director: Lisa Dickieson, Esq.
http://www.abanet.org/ceeli
Constitutional Commission Reception
On 31 March 1998, ACCAPP Office gave
a reception at OSCE Presence for
members of the Constitutional
Commission, the Technical Staff, as well as
representatives of different NGOs that have been
working closely with ACCAPP. The goal of this
activity was to introduce the entire ACCAPP staff
and report comprehensively on the work
completed thus far.
ACCAPP staff began the program with
descriptions of the ongoing activities, plans for
the future, and the direct financial support
provided by the U.S. Government, European
Union, and OSCE. This segment of the program
also highlighted the participation of other
international donors such as the Council of
Europe, ORT Democracy Network Program, GTZ,
and ABA CEELI. ACCAPP staff then recognized
the broad support from Albanian NGOs, including
the Society for Democratic Culture, Albanian
Human Rights Center, Albanian Helsinki
Committee, and the Association of Mayors. These
NGOs have participated in, as well as organized,
public meetings to discuss constitutional issues. In
addition, they have developed questionnaires,
publishing materials for public awareness etc.
Also, ACCAPP staff recognized the ongoing
interest and assistance that has been provided by
certain government institutions such as the
Magistrates School and the Law Faculty.
ACCAPP staff concluded the program with a
review of the process of collecting and preparing
materials. During this closing segment, invitees
were presented dossiers including copies of all the
materials in Albanian, amounting to several
hundred pages. These dossiers included lists of
constitutional issues, copies of all the
Constitutional Coordinators, compilations of
NGO suggestions and input, as well various
technical and legal papers describing constitutional
issues. The dossiers are designed so that as
additional materials are produced they can be
easily incorporated into them. Thus, at the end of
the drafting process, these dossiers may serve as a
comprehensive reference source for public input
and technical background information on the
constitution drafting process.
Norwegian Government Sponsors Transcription of Commission Debates
During March, as a part of OSCE
Parliamentary monitoring activities,
ACCAPP reviewed the needs of the
Constitutional Commission and discussed them
with the Commission leadership. It was decided
that the upcoming substantive debates on the draft
constitution needed to be recorded and transcribed
to ensure that a proper public record exists of these
important discussions. However, the Commission
did not possess proper equipment to realize this
goal.
ACCAPP discussed the issue with OSCE
Ambassador Daan Everts, and he engaged in
discussions with potential foreign donors on this
issue. Shortly thereafter, he was met with a
positive response from the Government of
Norway. ACCAPP/OSCE developed a short
proposal, and the Norwegian Royal Ministry of
Foreign Affairs in Oslo immediately committed
funds in support of the project.
Pursuant to this grant, ACCAPP has made
temporary arrangements for the taping of the
debates, and ACCAPP is now in the process of
establishing a basic Secretariat capable of
completing the transcription process. It is
anticipated that full texts of the debates should be
available in late summer.
Contact Information:
Royal Ministry of Foreign Affairs
P.O. Box 8114 Dep.
N-0032 Oslo
Norway
Fax: 47 22 24 95 80/81
Contact: Ambassador Kim Traavik
CEELI-GTZ Focused Discussion Groups on Judicial Power
On 26 March and 3 April 1998, CEELI-GTZ organized
Focused Discussion Groups on Judicial Power. Participants
were from a number of different NGOs and
Government Offices, and they included
distinguished guests such as the Director of the
Magistrates School and a noted constitutionalist
from the Union for Democracy.
The Focused Discussion Groups were moderated
by two lawyers, provoking interesting dialogue
and leading the discussions. With each topic, they
summarized the suggestions, taking into account
all sides of the arguments expressed by different
participants. Each session was recorded with a
tape recorder and rapporteur. CEELI summarized
the results and produced a report detailing the
points and suggestions which arose in this public
discussion.
Discussion addressed a number of issues in detail.
The issues which generated the lengthiest
discussions were:
Judicial Independence: What role, if any,
should the Ministry of Justice play in
judicial administration? If a High Council
of Justice is to be used, how should it be
structured?
General Prosecutors Office: Should the
office be part of the executive branch,
judiciary, or independent?
Organization of the Judiciary: Should
special courts be permitted/mandated?
Role of International Law: Whether
Albania should pursue a monist or dualist
approach.
Norwegian
Government Sponsors
Off-Site Commission Meetings
On the basis of several months of experience,
the Constitutional Commission of the Albanian Parliament
decided to take certain measures to focus its work
and accelerate the drafting process. Due to poor
communication facilities, it had proven difficult to
notify members of upcoming meetings, and many
members of the Constitutional Commission have
other job responsibilities and were called away to
these activities on short notice. For these reasons,
the Co-Chairmen of the Constitutional
Commission decided on 27 April 1998 to seek
support for holding weekly 3 day working sessions
for four to five weeks at a location outside of
Tirana, and the Government of Albania
subsequently indicated its approval of this
proposal.
The Constitutional Commission requested that
ACCAPP/OSCE investigate potential donor
assistance for off-site meetings in Lezhe (north of
Tirana). Within the week, ACCAPP/OSCE
received an offer from the Norwegian Royal
Ministry of Foreign Affairs in Oslo. With this
financial support, ACCAPP was able to facilitate
a series of off-site meetings in Lezhe and Durres in
May, and additional meetings are planned
throughout June.
Venice Commission Returns to Tirana
by Giovanni Favilli, Venice Commission
On 20-22 May, a delegation of the
European Commission for Democracy
through Law of the Council of Europe,
better known as the Venice Commission, visited
Tirana. The delegation was composed of its
President, Professor Antonio La Pergola; Vice-president,
Giorgio Malinverni; members, Gerard
Batliner and Matthew Russell; Secretary, Giovanni
Buquicchio; and a member of the Secretariat,
Thomas Markert. The main purpose of the visit
was to advise the Constitutional Commission of
the Albanian Parliament regarding the articles on
fundamental rights and freedoms that they have
drafted thus far.
Upon arrival, OSCE Ambassador Daan Everts
briefed the delegation on the current agenda and
background on the constitution drafting process.
Also, the delegation met with leaders of the main
political parties, Socialist and Democratic, to hear
their views on both procedural and substantive
issues relating to the constitution. However,
Venice Commission members spent the majority
of their time with deputies of the Constitutional
Commission, in particular with its co-chairmen,
Sabri Godo and Arben Imami, and lawyers of its
Technical Staff, Krenar Loloci, Kristaq Traja and
Perikli Zaharia. In addition, the President of the
Venice Commission also met with the President of
the Republic, Rexhep Meidani, and the Prime
Minister of the Republic of Albania, Fatos Nano.
The delegation provided the Constitutional
Commission with five different legal opinions on
the approved articles relating to fundamental rights
and freedoms. During the meetings, the Venice
Commission and Technical Staff legal experts
screened the text, clarified misunderstandings due
to translation or to the early stage of the drafting,
and commented on both general principles and
drafting details. The foreign experts congratulated
the Albanian lawyers for the work accomplished
and for the quality of many provisions that
combine high aspirations with practicality. The
remarks were intended to suggest possible
improvements to the text and its structure, internal
consistency, and compatibility with international
standards and obligations, in particular with
membership in the Council of Europe and
ratification of the European Convention on Human
Rights.
The Venice Commission undertook to provide
written suggestions on two issues: how to draft an
article on equality before the law, in order to
reduce as much as possible any risk of unfair
discrimination; and how to define and protect the
right to property. Regarding the latter, the Venice
Commission suggested a two-part solution. First,
protect the right to ownership from future
infringements through an article in the
constitution, providing for clear conditions and
compensation in the event of expropriation.
Second, include transitional provisions that place
an obligation on Parliament to solve infringements
and encroachments carried out in the past by
means of an ordinary law to be drafted within a
certain deadline.
The debate on the choice between uni and
bicameralism is a topic that has fired the Albanian
political arena in recent weeks. The Venice
Commission was also confronted with this issue.
While pointing out the advantages and
disadvantages of the different solutions, it also
made clear that choosing the most suitable system
for Albania is a political decision that rests with
Albanian politicians. President La Pergola,
however, suggested that compromise solutions
sharing some features of both systems could be
envisaged. This could consist in the creation of a
permanent committee within a unicameral
Parliament able to deal with particular categories
of laws or to mediate in political controversies
between the various parliamentary groups.
The Venice Commission will continue its
cooperation with the Albanian Constitutional
Commission providing its comments on the
subsequent chapters of the draft constitution.
Some of these chapters will be discussed in Venice
on 11-13 June at a plenary meeting of the Venice
Commission, where a delegation from Albania will
attend. Participants include the two Co-chairmen
of the Constitutional Commission, Godo and
Imami, Commission Member Kastriot Islami of
the Socialist Party, and lawyers of the Technical
Staff, Loloçi and Traja. The opposition
Democratic Party, which is not participating in the
Constitutional Commission, declined the
invitation due to local election engagements.
As it has done in other countries in transition, such
as the new democracies of Central and Eastern
Europe and South Africa, the European
Commission for Democracy through Law will
continue to make its expert legal advice available
to Albania throughout the drafting process.
Working with Albanian experts, the Venice
Commission will assist in the development of a
fundamental text in line with international
standards, enshrining the principles of democratic
pluralism, human rights protection, and the rule of
law.
Contact Information:
Venice Commission
Council of Europe
F-67075 Strasbourg Cedex
France
Tel: +33 3 8841 20 00 (Switchboard)
Tel: +33 3 8841 30 48 (Direct line)
Fax: + 33 3 8841 37 38
E-mail: [email protected]
Venice Commission
Council of Europe
Rr. "Donika Kastrioti," Vila 6
Tirana, Albania
Tel: +355 42 28419
Fax: + 355 42 33375
E-mail: [email protected]
ACCAPP-ELSA Focused Discussion Group on Executive Power
On the 14th and 22nd of April 1998,
ACCAPP and the European Law
Students Association (ELSA) organized
Focused Discussion Groups on the issue of
Executive Power. Participants were from a
number of different NGOs and Government
Offices, and they included distinguished guests
such as the Minister of Justice and the Chief Judge
of the Court of Cassation.
The Focused Discussion Groups were moderated
by two lawyers, provoking interesting dialogue
and leading the discussions. With each topic, they
summarized the suggestions, taking into account
all sides of the arguments expressed by different
participants. Each session was recorded with a
tape recorder and rapporteur. ACCAPP-ELSA
summarized the results and produced a report
detailing the points and suggestions which arose
in this public discussion.
Discussion addressed a number of issues in detail.
The issues which generated the lengthiest
discussions were:
Election of the President: Should he or she
be directly elected? Is the Office of
the
President compatible with other offices?
Functions and Competencies of a
President: What sort of role should
the
President play in the legislative process?
How should a veto power be structured?
The Role of the Executive in Times of
Crisis and Transition: How should
governments handle the transfer of power?
When a government loses the confidence
of Parliament what procedures should
apply?
The Constitutional Commission and
Technical Staff has been productive, and
a number of articles have been drafted
and reviewed. The following list illustrates the
basic topics covered thus far:
Human Rights
Structure of the Legislature
Office of the President
Office of the Prime Minister
Ombudsman
States of Emergency
Public Finance
Referendums
Sources of Law
Basic Principles
Control of the Armed Forces
To ensure coordination of future
constitutional activities, ACCAPP
requests that all interested persons submit
details of any planned activities. ACCAPP asks
that all sponsors submit their name, organizational
affiliation, address, telephone and fax number, and
e-mail address along with information on
upcoming activities.
19 June - Human Rights Focused Discussion
Group Council of Europe
9 June - Local Power Focused Discussion
Group PAPA, VNG, SOROS & Urban Institute
29-30 June -Tri-Parliamentary Delegation
COE, OSCE, and EU
Members of Parliament
11 - 12 June - Venice Commission
Meeting Council of Europe
July - Distribution of Materials for
Regional Discussion Groups OSCE
(Planning in progress)
----------------------
Administrative Center for Coordination of Assistance and Public
Participation
ACCAPP is an independent entity, formed at the request of the Government
of Albania and sponsored by the Organization for Security and Cooperation
in Europe. Its mission is to coordinate assistance and public participation
in
the drafting of a constitution for the Republic of Albania.
Staff:
Ardita Abdiu, Coordinator
Erinda Ballanca, Coordinator
Scott Carlson, Coordinator and OSCE Project Manager
Shkelzen Zeneli, OSCE Project Officer
Elda Gorenca, OSCE Project Officer
Contact Information:
accapp/qakapp
OSCE Presence
Rr. "Donika Kastrioti" Vila 6
Tirane, Albania
355-42-40672 (v)
355-42-40673 (f)