Report for the Constitutional Commission
Presented by ACCAPP

March 18, 1998

Results from “The Fourth Albanian NGO Forum on the
Constitution:--The Executive”
 

On 12 March 1998, representatives of different non-governmental organizations
participated in “The Fourth Albanian NGO Forum on the Constitution: The Executive.”
This forum was organized in line with the three previous forums organized with Albanian
NGOs on the Judiciary, Legislative Power and Human Rights.  This forum started with
oral presentations on some of the main issues of the executive branch prepared by
Albanian specialists in this area.  Afterwards, the forum employed the brainstorming
method, led by Albanian and foreign moderators, to conduct an interactive conversation.
This process identified the main issues that the participants thought should be included in
the new constitution.  These issues will be addressed in Focused Discussion Groups,
workshops, and media events.  Participants raised these issues so that they may ultimately
be addressed by Albania’s constitution drafters.

The issues listed below were identified as most important by the participants through a
system of voting.  Below each issue are some comments which arose in the discussion of
the issues.

The Administrative Center for Coordination of the Assistance and Public Participation,
(ACCAPP) in cooperation with the Organization for Security and Cooperation in
Europe, (OSCE) organized and sponsored this forum.

Constitutional Issues on the Executive
 

Election of President

Many participants selected this issue as an important issue.  During the discussion, details
and concerns were raised:  the manner of voting for the President;  the procedure for
dismissal; electoral body; membership in a political party; and the relations with the
political parties in general.  Many were of the opinion that from the moment of his/her
election as President, a person should halt all functions in a political party and become
neutral from political parties.
 

Functions and Competencies of President

All participants discussed this issue at the Forum.  They discussed issues such as:
incompatibility of the President’s office with other functions; removal of a president;
his/her relations with other powers; the executive competencies of President--in the
nomination of the high army ranking officers, competencies over the armed forces,
relation between the competence of the President with those of the Prime Minister, veto
power etc.  One of the most important issues according to the participants was the
determination of states of emergency and the competencies of President.  Participants
discussed extensively on the role and the competencies of President regarding issues of
national security and secret service.
 

Selection of a System of Government

Selection from among, Parliamentary, Semi-Parliamentary, Presidential or Monarchial
systems was considered.  Some suggested that such issue should be an issue for the
constitutional referendum.
 

Executive Role During Time of Government Crisis: Mechanisms for Peaceful
Transition

Participants identified as important the determination of the procedures to be followed in
cases of government crises.  Constitutional provisions should help achieve a peaceful shift
of power by avoiding conflicts which can damage the state and the wealth of the society
in general.
 

Executive Exercise of Legislative Power

On this issue, participants expressed that the Cabinet should have the right to legislate, but
only for those cases where the Parliament is not able to do such thing and there is a
necessity under the given circumstances.
 
 

Structure, Function, Role and Competencies of the Council of Ministers

Many participants discussed the issue as one of the most important for the Executive
power.  Within this context, they discussed the composition of the Council of Ministers
and political criteria for the nomination of its members and the state administration
generally.  Furthermore, they mentioned the need for a review of the relations the Cabinet
should have with the general public and NGOs specifically.  The relation between
confidentiality within the Cabinet with the Public Interest, was another important issue
participants suggested should be addressed in the constitution.  Some participants
discussed even the need for a set structure of the Cabinet in the constitutional
dispositions.
 

Election and Competencies of the Office of Prime Minister

Participants, were concerned on the manner and the procedure for electing the Prime
Minister.  Furthermore, they discussed the relation that the competencies of this official
should have with those of President of the country.  Some participants emphasized that
these competencies specifically should be regulated in emergency cases.
 

Relationship of Central Government and Local Power

Participants raised different points regarding this issue but agreed upon the need to
strengthen the local power competencies.  Specifically, participants asserted that local
authorities should have the power to tax.
 

Relationships Between Political Officials and Civil Servants

Regarding this issue, participants raised their concern about the need to improve existing
legislation aimed at the clarification of this relationship.  Albanian civil
servants--emphasized most of the participants--must be protected in the performance of
their duties.  A clearer definition of the responsibilities of the ministers and civil servants is
a necessity.  On this issue participants discussed about political affiliation and membership
in the Cabinet.  They also raised the question of what professional qualification criteria
should apply and what type of immunity should or should not apply for acts taken.

1. Arben Imami  Ministry of Legislative Reform
2. Genti Ibrahimi Ministry of Legislative Reform
3. Theodhori Sallaku Presidency
4. Neila Osmani  Ministry of Legislative Reform
5. Brikena Hoxha Ministry of Finance/GTZ
6. Violanda Theodhori Ministry of Justice
7. Agri Vërria  IRIS Project
8. Jeta Katro  Women in Development
Association
9. Kleanthi Koçi  National Chamber of Lawyers
10. Vladimir Vata  Society for Democratic Culture
11. Dritan Mishto  “JESA” Association
12. Elio Mazreku  “Aquarius” Environmental
Association
13. Flutura Skënderi Women Bar Association
14. Kozara Kati  Albanian Human Rights Center
15. Niazi Jaho  Albanian Helsinki Committee
16. Sokol Berberi  Legal Advisor at Parliament
17. Violanda Theodhori Ministry of Justice
18. Fatmira Laskaj Women Bar Association
19. Flutura Laknori Professinal and Business Women
Association
20. Ylli Manjani  SOROS Legal Center
21. Luljeta Xhixho Professinal and Business Women
Association
22. Miranda Gaçe  Society for Democratic Culture
23. Naim Isufi  Young Lawyers Association
24. Mine Qirici  Albanian Roma Association
25. Angjelin Shtjefni PAX--Romana
26. Xheladin Taço Rromani Baxt
27. Alfred Xhomo Albanian Agriculture Syndicates Federation
28. Nazmi Qoku  Albanian Agriculture Syndicates Federation
29. Abdulla Omuri Association of Worker Invalids
30. Daije Kurti  Association of Worker Invalids
31. Behar Sadiku  “NEFRETA”
32. Albri Brahusha “SYNOPSYS” Club, Shkodër
33. Eljana Lloja  “SYNOPSYS” Club, Shkodër
34. Nesti Zoi  National Albanian Farmer Union
35. Mitat Dautaj  Rromani Baxt
36. Gëzim Boçari  Environmental Doctors’ Association
37. Nikolla Simaku “Aremenji di Albania” Association
38. Meleqe Rrënja Rromani Baxt
39. Teuta Pipa  Women in Development
40. Entela Koduzi  Albanian Family Planning Association
41. Merita Mansaku Albanian Family Planning Association
42. John Quanrud  Gospel Brothers
43. Toni Gogu  Gospel Brothers
44. Rrapo Zguri  Aremenji di Albania Vllehër Association
45. Artan Hoxha  Institute of Contemporary Studies
46. Tomi Treska  Conflict Resolution Association
47. Gurali Mejdani Democratic Union of Albanian Roma People
48. Edit Lako  Useful to Albanian Women
49. Yllka Selimi  Women in Development
50. Luljeta Xhixho Professional and Business Women Association
51. Vitori Meta  Law and Rights of Rural Women Association
52. Ridvan Shehu  Expropriated Property with Justice
53. Bujana Sula  Young Laywers Association
54. Franc Marku  PAX Romana
55. Mhill Gjinaj  Ex-Percecuted Association