Local
Government Issues Discussed
OSCE-COE
Minority Rights Conference in Përmet
UNICEF
Rights of the Child Conference
Proposal
for Permanent Election Commission Avoids Party Politics
Society
for Democratic Culture Completes a Wide Range of Activities
Venice
Commission Reviews Final Draft Provisions
Constitutional
Commission Completes a Final Draft Text
Upcoming
Events
_________________________________________________
accapp/qakapp OSCE Presence Rr.
"Donika Kastrioti" Vila 6
Tiranë, Albania
355-42-40672 (v) 355-42-40673 (f)
[email protected]
On 9 June 1998, PAPA, Urban Institute, VNG,
and the SOROS Legal Center, in
coordination with ACCAPP, hosted the
Focused Discussion Group on Issues of Local
Government. This constitutional discussion on local
government is part of the series of public discussions
organized by ACCAPP. The goal of these discussions
is to increase public involvement in issues related to
this process, collect public opinion, and make
recommendations and proposals to the Constitutional
Commission of the Parliament. This Focused
Discussion Group differed slightly from other Focused
Discussion Groups because it did not follow an NGO
Forum on the same topic, but rather a meeting of the
Albanian Association of Mayors. The results of this
Focused Discussion Group are detailed in the
following material.
I. The Basic Principles on which the Activity,
Function and Organisation of Local Government
Should be Based.
Particular emphasis was given to sanctioning
principles of local autonomy, self-governance,
independence, and decentralisation, in accordance with
the European Charter of Local Self-Government.
þ During the discussion, it was stressed that the
organisational and functional principles of local
government should be the fundamental section on
local government in the constitution. The speakers
were critical of the present formulation of the draft,
according to which, the local government should be
based on the principle of decentralisation. Some of the
speakers considered decentralisation a gradual process
supporting the realisation of the principle of
autonomy, which should not be seen as a separate
issue from that principle. One of the speakers
expressed the opinion that relying only on the
decentralisation principle might become a
constitutional instrument in the hands of the executive
government to overburden the local government and
to deny its autonomy. Finally, participants agreed that
the constitution should reflect all the principles
sanctioned in the actual constitutional provisions,
harmonising them with the European Charter of Local
Self-Government (in particular, article 3).
II. Reflection in the New Constitution of Territorial
and Administrative Areas, Their Levels, Criteria for
Division, and the Competent Governing Authority.
It was strongly recommended that the constitution
should give clear definitions for these matters and
provide the necessary guarantees for them, allowing
the population to express their will through referenda
in accordance with the European Charter of Local
Self-Government.
þ Long and detailed discussions were held on this
matter. In general, participants agreed that it should be
considered as a constitutional issue. The existence of
two levels of the local government was considered by
the participants as the best one. Special importance
was given to the adoption of guarantees related to the
protection against arbitrary changes in territorial
boundaries as provided in the European Charter (article
5). It was stressed that the constitution should
establish territorial divisions and that the guarantee of
territorial boundaries must be determined in a specific
law.
þ Some of the participants expressed their opinion
about the existence of a third level of local
government, in the form of regions. This level would
not be elected directly by the people, but drawn from
the elected representatives. This opinion was debated
with some arguing that this scheme might create
confusion in the local government organisational
structure. Some speakers considered reasonable a new
territorial division at the district level, decreasing their
number and increasing their size possibly to prefecture
size. It was suggested that the constitution should
leave open this option for the future.
III. The Constitution Should Specifically Treat the
Subject of Local Government Powers and Its
Respective Levels.
The inclusion of local powers in the constitution was
considered essential, not only for the issue of
self-governance, but also for the determination of the
appropriate relation between exclusive and delegated
powers.
þ Regarding this issue all the participants were of the
opinion that, due to the quick urban development, the
population will concentrate in some big centres. For
this reason, the constitution should give the possibility
to regulate the local government organisational
structure through a specific law.
þ Some participants asked for a special status
for the
capital city giving the possibility to create, in addition
to the municipality, small self-governing units with no
more than 100,000 inhabitants that are managed by
entities elected directly by the people.
IV. Sanctioning of Effective Financial Autonomy as a
Basic Issue for Independence of Local Government.
It was emphasised that without stable and effective
financial autonomy, guaranteed by the constitution, the
principles of local governance cannot be implemented.
þ The participants were of the opinion that the
constitution should determine the right of the local
government to engage in juridical acts and to levy
local taxes. For the constitutional guarantee of
financial autonomy, it was suggested to follow the first
paragraph, clause 9, of the European Charter.
þ Some of the participants had the opinion that
the
constitution should set not only the legal status of local
entities, but even give them the right to manage
national assets, have the authority for credits, release
obligations, etc. It was also mentioned that the right of
the local government to collect taxes and fees should
be regulated by law and not by the constitution.
V. Protection of the Legal Status of Local Officials.
Protecting local officials from intervention of the
national executive authority was considered a
guarantee, or safeguard, of local government
autonomy.
þ The constitution should provide clear clauses for
their mandate and immunity. A detailed treatment of
these issues should be subject to a particular law, but
the constitution should express all the necessary
guarantees so that the mandate and immunity provided
is comparable to those of the members of the
Parliament.
þ The participants expressed the opinion that the
constitution should prevent the national executive
authority from exercising the right to dismiss the local
elected officials. The dissolution of the city council or
commune council, as well as the dismissal of mayors,
should be the authority of the President of the
Republic.
VI. Local Government Powers.
All the participants expressed their opinion that the
constitution should contain clear clauses for this issue.
þ Two alternative solutions were presented regarding
this issue:
1. More than half of the participants were of the
opinion that the constitution should determine the main
areas of activity such as public services, education,
culture, health, environmental protection, etc., leaving
open the option of determining other activities in the
law.
2. The other part were of the opinion that the
constitution should determine the exclusive powers of
local government and at the same time give the right to
be delegated to. In this case, it should be provided that
any legal delegation should be followed by the
allocation of the necessary funds.
VII. State Regulation of Local Government Activity.
The participants expressed the idea that the
constitution should determine to what extent state
regulation should be exercised by the central
government, and they suggested that the central
government should perform only a legal review/check
of acts and not review their content.
Contact Information:
Public Administration Project (PAPA)
Tirana International Hotel, Sheshi "Sk‰nderbej"
Tirana, Albania
Tel: 355 42 325 24
Fax: 355 42 341 88
E-mail: [email protected]
Counselor for Economic Development: Bart Kennedy
Urban Institute
Ministry of Transport and Public Affaires
Tirana, Albania
Tel./Fax: 355 42 27945
E-mail: [email protected]
Resident Infrastructure Advisor: Steven M. Swanson
Association of Netherlands Municipalities VNG-
SLGCP
Rr. "Vilave Gjermane," N.8/b
P.O. Box 1735
Tirana, Albania
Tel: 355 42 288 73
Fax: 355 42 352 35
E-mail: [email protected]
Project Manager: Erik Boven
SOROS Legal Resource Center
Rr. "Asim Vokshi," Nr. 91
Tirana, Albania
Tel: 355 42 28372
Fax: 355 42 24223
E-mail: [email protected]
Programme Officer: Ardian Dhima
OSCE-COE Minority Rights Conference in Përmet
On 3-5 July 1998, the OSCE Field Office in
Gjirokastra, ACCAPP, and the OSCE
Presence in Tirana, in collaboration with
four Albanian NGOs and the Council of
Europe (COE), held a Regional Conference with
NGOs representing ethnic minorities in Southern
Albania. Approximately 25 NGOs, representing
Egyptian, Aromun (Vlach), Roma, Greek, and
Macedonian minorities, gathered in Përmet to identify
and discuss the issues involved in the establishment of
a legal framework to protect minority rights. The
Conference was made possible through a grant from
the Foreign Ministry of Norway.
The Regional Conference consisted of presentations
followed by intense discussions in small groups. The
Conference opened with presentations from OSCE
staff members, an expert of the Council of Europe, and
a member of the Constitutional Commission of the
Albanian Parliament. The presenters shared basic
information and materials on international legal
standards for minority protection, relevant Albanian
law, proposals for the establishment of an
Ombudsman, and the provisions in the draft
constitution dealing with the protection of minority
rights. With this background, the organisers then
facilitated a structured discussion where potential
problems were identified and solutions proposed. The
discussions were collegial and focused on strategies to
encourage joint activities for the protection of minority
rights. The conference closed with participants
agreeing upon a list of issues that should be addressed
in the new constitution, subsequent legislation, and
government policy, offering suggestions for how these
issues should be addressed:
þ Proceed with the ratification of the Framework
Convention on the Protection of National Minorities,
which was signed in 1995 by the Republic of Albania,
but has not yet been ratified.
þ Set up a commission for drafting a convention or
legal document that includes:
1. Main provisions on minority rights where
minorities shall be defined also;
2. Provisions on rights and obligations
of
government and minorities;
3. Final provisions on the
parties'
commitments.
þ Guarantee ethnic minorities political representation
by granting the possibility of creating their own
political parties and a proportional system of elections.
þ Recognize the existence ethnic minorities in the
Constitution.
þ Consider as an offence cases of discrimination on
grounds of belonging to a minority.
þ Give the possibility to ethnic groups to have access
to the national media and set up their own media in
respective languages.
þ The process of registration of the population of
the
Republic of Albania should be observed by
international organizations and be carried out with the
participation of ethnic minority NGOs and should take
into consideration the registration in the identification
documents of ethnicity.
þ Institutionalize the Ombudsman in Albania.
UNICEF Rights of the Child Conference
On 28 April 1998, UNICEF, in collaboration
with ACCAPP, organized in Tirana a
seminar on the Convention on the Rights of
the Child and the drafting of a Constitution for
Albania. The purpose of the seminar was to raise the
issue of the rights of the child with members of the
parliamentary commission responsible for the drafting
of a new Constitution.
The Convention on the Rights of the Child (CRC) is a
human rights treaty that has special significance for
countries such as Albania where children and young
people make up close to half of the population. In
setting out State obligations towards children, it covers
virtually every sphere of direct relevance to children:
provision of services and material assistance,
protection from harmful and exploitative acts, and
participation in society and in decisions affecting the
child's life. The CRC underscores strongly the
importance of the family for the care and protection of
the child. It is founded on the basic principles of:
þ Non-discrimination in its applicability to
every
child within the national territory;
þ The best interests of the child always being taken
fully into account;
þ The child having not only the right not to be
deprived arbitrarily of his or her life, but also the right
to survival and development;
þ The child's right to have his or her opinions taken
into account.
Most of the rights it contains essentially reaffirm for
children those that exist for everyone, many of which
are to be found in the two International Covenants.
Other children's rights contain upgraded standards
vis-…-vis general human rights, to take account of their
special needs and situation. Finally, several rights
address issues that are specific to children (e.g.
adoption, primary education).
No state party to the CRC, however economically
privileged, is able to ensure full implementation of the
treaty's principles. The important factor is the extent
to which they are making every possible effort to do
so, with palpable effects. States undertake to provide
regular reports on the progress they have made in
implementing the CRC. These are submitted for
review to the Committee on the Rights of the Child,
which institutes a dialogue with the authorities
regarding how best to improve implementation. The
aim is more to encourage implementation efforts than
to criticize. The Committee will also suggest
international cooperation, usually in the form of
technical assistance, in certain spheres where it could
be beneficial. International cooperation as a means of
helping to realize children's rights is indeed foreseen
under the terms of the CRC.
It came out from the presentations of the different
speakers that a number of countries have already
adopted new constitutions that reflect the basic
principles of the CRC, and many more have adapted
their legislation to comply with the standards it sets. A
constitution can be particularly useful for setting out
the main orientations for policy and legislation as
regards children, based on the CRC. It can set the
scene for greater priority and a new attitude on
children's issues, translating the value that the society
concerned places on its children. It would definitely
affect the law-making process and influence the
drafters of new laws. It can also be a powerful
instrument for a country in obtaining assistance.
The first important element to consider is whether or
not the new Constitution will provide for direct
applicability of international conventions. This is, for
instance, the option chosen in the Constitution of the
Netherlands. However, even if this will be the case in
the new Albanian Constitution, there are still
arguments for specifically recognizing basic principles
of child rights as is the tendency in modern
constitutions. A constitution drafting process is also an
education process, a way of looking at a nation's own
values. Specifically expressing the main principles of
children's rights in the Albanian Constitution would
increase the ownership of all Albanians over these
rights.
Not all rights expressed in the CRC need to be
reflected in the Constitution. In addition, the
Constitution should not be unrealistic as it is clear that
no state has the capacity to implement all provisions of
the CRC immediately. An article similar to the article
4 of the CRC could be included in the Constitution.
Judges will also have to use wisdom when interpreting
the Constitution.
In the draft Albanian Constitution, many children's
rights appear in the part on economic rights. This
could be a problem as it could mean that they will be
considered only "aspirational" although most of them
should be considered as hard, immediately enforceable
legal rights.
The main rights of the child that should be expressly
included in the new Albanian Constitution are the
following:
þ The right to life, including the right to the basic
necessities for survival, e.g. shelter and food (article 6
of the CRC);
þ The right to protection against abuse and
exploitation (article 19 of the CRC);
þ The right not to be discriminated against (article 2
of the CRC);
þ The respect for the child's family life, taking into
consideration the primary responsibility of parents in
the care of their children;
þ The best interest of the child as the primary
consideration in any decision regarding children
(article 3 of the CRC);
þ The right of the child to express his or her own
views and have them taken into account (article 12 of
the CRC);
þ The right of the child to an identity: name,
nationality, and birth registration (articles 7 and 8 of
the CRC).
Finally, consideration might be given to including in
the Constitution a text covering the following points
related to the family:
The family is the basic social unit of Albanian society
and where necessary receives all possible support to
perform its caring, protective and guiding roles
vis-…-vis the child. Children may be removed from the
care of their parents only when the latter are unwilling
or unable to fulfil their responsibilities despite such
support, and decisions to effect a removal are subject
to judicial review. Whenever the State acts in loco
parentis,' it assumes all responsibilities normally
incumbent on parents while ensuring that the child
continues to benefit from his or her right to maintain
contact with both parents (and siblings).
Contact Information:
UNICEF
Rruga Arben Broci
Villa 6
Tirana, Albania
Tel: 355 42 27500
Fax: 355 42 30028
E-mail: [email protected]
Programme Officer: Manuel Fontaine
Proposal
for Permanent Election
Commission Avoids Party Politics
by Dan Blessington, IFES Albania
On 23 June 1998, the Central Election
Commission (established for this year's
partial local elections) sent a letter to the
Constitutional Commission urging it to consider a
provision that would establish a permanent and
independent Central Election Commission (CEC). In
July, IFES Albania Project Director Dan Blessington
established a working group with the intention of
providing specific draft language for consideration by
the Constitutional Commission. This working group
included himself, and the chairmen of the two most
recently established central election commissions,
representing the rival Democratic and Socialist parties:
Professor Kristaq Kume, Chairman of the CEC
established for the 1997 parliamentary elections, and
Professor Daver Cano, Chairman of this year's CEC.
Despite the deep rift between their two parties, and the
boycott of the Constitutional Commission's work by
the Democratic Party, these two men collaborated on
a proposal that IFES formally presented to the
Constitutional Commission on July 24th.
In making its formal written proposal, IFES/CEC
stressed that it presented an Albanian solution to an
Albanian problem. It also addressed criticisms that had
been made in the course of informal discussions prior
to the formal presentation. For instance, there had
been some resistance to a constitutional provision
given a perceived lack of models from other countries.
This was addressed in both the IFES letter, and in a
subsequent joint appearance of the two chairmen and
Mr. Blessington before a meeting of the Constitutional
Commission on July 29th. The discussion on that day
was both spirited and substantive. Professor Kume,
although a member of the party boycotting the
Constitutional Commission, was particularly effective
in his presentation and was treated with great respect
by the Constitutional Commission members. In the
end, the Constitutional Commission agreed to include
a chapter on the Central Election Commission in the
draft constitution.
The IFES/CEC proposal provided for a nine-member
Commission that drew upon the model of the
Constitutional Council established by the French
Constitution of 1958. European and other constitutions
and electoral laws were also reviewed in arriving at the
proposal. The proposal, however, was no mere legal
transplant, but had been designed with the Albanian
experience in mind.
IFES and the CEC chairmen believed it was important
to establish a single CEC to provide for continuity and
stability in the supervision of elections and referenda
in Albania. One of the proposal's principal objectives
was to reduce the influence of political parties on the
CEC's work. Under present law, 16 of the CEC's 17
members are proposed by political parties and
coalitions. The IFES/CEC proposal called for a
Commission composed of nine voting members none
of whom would represent political parties: three to be
appointed by the Peoples' Assembly; three by the
Constitutional Court; and three by the President of the
Republic from proposals submitted by non-partisan,
non-governmental organizations. In order to ensure
that political forces retained a voice on the
Commission, the proposal included a provision
permitting political parties to appoint non-voting
members.
Although the CEC Chapter included in the draft
Constitution did not include the full draft language
submitted by IFES/CEC, the Constitutional
Commission alternative retained several key
provisions proposed by IFES/CEC and the two
chairmen. The new chapter provides for a permanent
Commission of seven members with seven-year terms:
three to be appointed by the High Council of Justice;
two by the Assembly; and two by the President of the
Republic. Consistent with the IFES/CEC proposal,
representatives of political parties may have
non-voting seats on the CEC.
Contact Information:
International Foundation for Election Systems
Rr. "Irfan Tomini" Nr. 3
Tirana, Albania
Tel: 355 42 46420
Fax: 355 42 46420
E-mail: [email protected]
Project Director: Daniel J. Blessington, Esq.
Society
for Democratic Culture
Completes a Wide Range of Activities
Activities related to the new Constitution
drafting process have become an
increasingly important part of the Society
for Democratic Culture's (SDC) civic
education effort. Over the last six months, SDC has
completed a number of projects aimed at educating the
public on constitutional issues. The SDC has chosen
topics for its activities that are central to the idea of
constitutionalism: why a Constitution is an essential
element of a modern democracy; what issues are
typically dealt with by modern Constitutions; and what
is the relationship between the Constitution and
society, on the one hand, and the political process, on
the other hand.
SDC's educational activities have proceeded in three
stages. The first stage included seminars organized in
five different universities of the country on five
different constitutional topics: on fundamental rights
and freedoms at the "Aleksandër Xhuvani" University
in Elbasan; on local government issues at the "Ismail
Qemali" University in Vlorë; on issues of the judiciary
at the University of Tirana; on the legislative power at
the University of Korça; and on the executive branch
at the "Luigj Gurakuqi" University in Shkodra.
Although the majority of the participants in the debates
were university lecturers and students, SDC and other
NGO members, political parties, and independent
intellectuals have also been invited and taken part in
the discussions. In addition, written summaries of the
debates, entitled "Debating on the Constitution" have
been published. More importantly, four of the
seminars have been already broadcast on public
television, giving the debates a nationwide audience.
These broadcasts have paved the way for the
follow-up, second stage, which consists of further
seminars organized on the same topics in 32 of the 36
districts in Albania. Seminars on three of the topics
have already taken place, with the two remaining series
to follow in the coming weeks. In conjunction with
those initial stages, the third and final stage, collecting
public input, has begun. Participants at the first two
stages have been encouraged to express their views and
suggestions by completing in special forms at the end
of each debate. A selected summary of the suggestions
from the 1,600 forms collected thus far has been
presented to the Constitutional Commission and the
remaining input will be presented following
completion of the seminars.
The aggregate effect of the SDC-organized activities
has been the involvement of a large number of citizens
in the discussion of constitutional issues and an
increase in the quality of public participation in the
drafting process. Other SDC initiatives, such as
publication of informative leaflets on the five selected
topics for the general public and public opinion polls
on constitutional issues have been reported upon in the
previous issues of the Constitutional Coordinator.
The SDC contribution to the Constitution drafting
process has been outstanding, demonstrating once
again the key role played by Albanian NGOs in the
formation of a civil society.
Contact Information:
Society for Democratic Culture
Rr. "Hamit Shijaku," Pall. 2, Sh. 1, Ap. 3
Tirana, Albania
Tel: 355 42 30350
Fax: 355 42 27674
Executive Director: Miranda Ga‡e
Venice
Commission Reviews Final
Draft Provisions
On 17-18 July 1998, a delegation of the
European Commission for Democracy
through Law of the Council of Europe,
better known as the Venice Commission, met with an
Albanian delegation in Rome, Italy. The purpose of
the meeting was to provide advice to the Constitutional
Commission of the Albanian Parliament regarding the
final draft articles of the proposed text for a new
Constitution. Over the course of two days of intense
working meetings, a technical review of the complete
text was finished.
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]
Constitutional
Commission
Completes a Final Draft Text
On 4 August 1998, the Constitutional
Commission completed review of the
comments of the Venice Commission and
approved a complete final draft text. A
summary of the provisions in this draft are as follows:
Basic Principles
The initial section of the draft Constitution sets forth
the fundamental principles upon which the new
democratic state will be organized. This section
establishes that the Albanian state will be a
parliamentary republic based upon the separation and
balancing of legislative, executive and judicial powers.
The economic system of the new republic will adhere
to market principles, and the military will be under
civilian control.
Fundamental Human Rights and Freedoms
An essential element of constitutional democracy is
that specific restrictions upon state authority over the
individual are established. This section of the draft
enumerates the rights and guarantees that any
individual, Albanian or foreign, enjoys against state
interference in their lives. Limitations of these rights
are only permitted when it is established that it is in the
public interest or for the protection of the rights of
others. Any limitation will be in proportion to the
circumstances generating the restriction, and under no
circumstance may the limitation exceed the limits
accepted in the European Convention on Human
Rights.
The Assembly
The proposed provisions call for a parliament with one
chamber, the Assembly, consisting of 140 members.
The election of the members is to be conducted in
electoral zones and at the national level through lists
whereby candidates are chosen on the basis of the
overall proportion of the votes their party receives.
The Government, any deputy, and 20,000 voters may
introduce legislation for consideration in the
Assembly. Certain essential laws, such as the election
laws, require an absolute majority of the members for
passage. During its consideration, a draft law is voted
on three times. A law comes into force following its
signature by the President and its publication in the
Official Journal.
The President of the Republic
The President proposed in this section has specific
powers commonly held in a parliamentary republic.
The proposed provisions describe the basic functions
of a head of state: setting the date for national
elections to parliament, exercising the right of pardon,
nominating and confirming judges, accepting
diplomatic credentials, and approving legislation.
Concerning the latter, the President may veto a law
only once. The Parliament elects the President with a
3/5ths majority to serve a five-year term. If this
majority cannot be achieved, the Parliament is
dissolved, and the new Parliament elects the President
with an absolute majority.
The Council of Ministers and Prime Minister
The Council of Ministers is the central organ of
executive power. The Prime Minister is the chairman
of the Council of Ministers. A Prime Minister subject
to a vote of no confidence may only be removed when
a replacement has been agreed upon. In case there is
no agreement, the Parliament is dissolved. The
proposed articles provide for a strong Council of
Ministers that is charged with setting national policy
and coordinating the work of the other organs and
institutions of central administration. This supervisory
coordinating function should be distinguished from the
substantive competencies of the particular ministries.
Each minister is specifically granted independent
authority to administer and organize matters within his
or her respective ministry. A minister may not
exercise any other state function or be a member of the
organs of a for-profit company.
The Judiciary
The judicial branch is charged with resolving disputes
concerning the interpretation and application of laws.
The draft section on the courts provides for a three-tier
system of courts with district courts, courts of appeal,
and a High Court. All judicial decisions must contain
reasoning, explaining how the law applies to the
particular set of facts before the court. Decisions of
the High Court must be published.
A High Council of Justice is also provided for. The
High Council, with the approval of the President,
selects the judges of the first two levels. The
Parliament, upon the nomination of the President,
selects members of the High Court and its Chairman.
The judges enjoy immunity, which can only be lifted
by the organ that appointed them.
The Constitutional Court
The draft provides for a nine-member Constitutional
Court that may hear a variety of constitutional
complaints, including questions of separation of
powers and violations of individual rights. The
proposed Constitutional Court will not exercise the
broad jurisdiction of the existing Constitutional Court.
Thus, the proposed Constitutional Court will not
possess the power to raise cases on its own motion.
Local Government
The proposed section on local government sets forth
provisions establishing local government units that
possess a number of autonomous powers, including
the power to tax, issue legally binding acts, and engage
in contracts. The establishment of autonomous local
government structures decentralizes the power of the
State, and it creates a closer link between the citizen
and the political structures that govern. These
provisions are consistent with the Government of
Albania's stated commitment to adhere to the European
Charter of Local Self-Government.
Assorted Sections
The proposed Constitution contains a number of
provisions that do not fit into a general category.
These provisions include the Ombudsman (People's
Advocate), the Referendum, Public Finances, Armed
Forces, the Office of High State Control, the Central
Election Commission, and Extraordinary Measures.
Most of the above provisions, e.g., the Ombudsman
and Central Election Commission, are completely new
to Albania, and others, such as the Office of High State
Control, have analogous provisions in existing
legislation.
Endnote: Scott Carlson, ACCAPP Project Manager, prepared this
report
in consultation with Krenar Lolo‡i, Member of the Technical Staff of
the
Constitutional Commission. A version of this summary will be
published
in an upcoming edition of the East European Constitutional Review.
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.
8 September - Public Hearing of the
Constitutional Commission - Constitutional
Commission and ACCAPP/OSCE.
10-15 September - Regional Hearings of the
Constitutional Commission - Commission,
CEELI, ACCAPP/OSCE, ORT, NDI, and
ORT.
October - Plenary Parliamentary Debate on
the Constitutional Draft - Albanian Parliament
22 November - Referendum on the Draft
Constitution.
28 November - Promulgation of the New
Constitution (if approved in the referendum).