Report for the Constitutional Commission
Presented by ORT Democracy Network Program

February 25, 1998

Results from “The Second Albanian NGO Forum on the Constitution:
the Legislative Power”

On 16 January 1998 at Tirana International Hotel the “Second NGO Forum on the
Constitution: The Legislative Power” was held.  The participants represented various
NGOs and Law School.  This forum followed the format of the first one organized on the
Judiciary.  Using “brainstorming,” Albanian and foreign facilitators led participants through
an exercise  identifying issues that they considered most important  for the new
constitution  relating  to the legislative branch.  There were many issues raised, and
through  multivoting the list of most important issues were identified.  The specialists that
will participate in the accompanying Focused Discussion Groups will use these issues as a
basis for developing various suggestions for how a Constitution might be structured.  The
Second NGO Forum results were presented to the Constitution Commission of
Parliament on 25 February 1998.

Below you will find a list of the issues that the participants identified on Legislative Power.
They are listed generally according to the number of votes they received during the voting
process.  The forum was not designed to provide for solutions to the issues.  However,
we have presented underneath each issue some concerns and comments of the
participants.

The ORT Democracy Network, a USAID funded program, with the organizational
support of Administrative Center for Coordination of Assistance and Public Participation
(ACCAPP) organized this forum.  At the forum representatives of other International
Donors like USAID, Venice Commission of the Council of Europe (CoE), and the
Central and East Europe Law Initiative of the American Bar Association (ABA/CEELI)
observed and assisted.
 

Issues to be Addressed in the Constitution
 

Structure of the Parliament: 2 Houses vs. 1 House (Respective Powers)

Participants held that it is important for the Constitution to provide whether the Albanian
Parliament will be composed of one house or two.  In determining the structure of the
Parliament, the Albanian tradition should be taken into consideration.  There were
different ideas discussed, but all were of the opinion that it is very important to clearly
define the powers of each house if there will be two houses.
 

Legislative Initiative

The participants considered it very important to provide in the constitution which bodies
are entitled to initiate  legislation.  They suggested to include  NGOs in the list of bodies
possessing the legislative initiative.
 

Procedures for Approving and Amending the Constitution
 

The participants discussed the procedure to adopt and amend the Constitution.
 

Sovereignty and Its Delegation

The issue generated a lot of discussion.  Because of  the new orientation of Albania
towards Europe and the European Union, participants where interested in clarifying its
relationship to Albanian sovereignty.
 

Incompatibility of the Office of Minister with the Position of Parliamentary Deputy

The participants considered it very important that this  issue be resolved in the
Constitution.  According to most of the people who raised this issue, the ministers should
not have a seat in Parliament because of the risk of an overlap of powers.
 

Position of the Parliament in the Separation of Powers

It is very important for the powers to be separated, and at the same time, it is very
important to provide for a clear relationship between them.  What is the role of
Parliament with regard to the  other powers?  Should the Parliament be superior to other
powers?
 

Who has the Power to Call and to Dissolve the Parliament and When?  Who has
the Power to Call for Early Elections?

The participants discussed the importance of specifying the powers of the President
and/or Parliament concerning this issue.
 

Separation of Powers

The Constitution should specifically spell out the separation of powers and the powers of
each branch.
 

The Right of Veto

The right of veto should be provided, but the use of this instrument should be specified in
order to ensure that it does not oppress or block democracy and the independence of
other bodies.
 

Guaranties on the Implementation of Laws

This is an issue on which there were different ideas given.  For example, which bodies will
be entitled to review the constitutionality of laws? Independently from the different
options, the implementation of existing laws was stressed.
 

Drafting Procedures and the Right of Citizens to Raise Important Issues in the Parliament

The participants discussed the right of citizens to participate in the lawmaking process.  It
was recommended that the drafters  define in what way the citizens may raise issues
important to them at the Parliament.  The direct participation of the citizens in
consultations at the draft phase was considered very important and a high form of direct
democracy.
 

The Power to Remove the President

Which body will be entitled to remove the President from his position?  How will this
issue be resolved in case the President will be elected by direct vote of the people?
 

Determination of the Form of Government

It is very important to provide in the Constitution the form of government.  This will
resolve not only  the issue of the President’s election (direct by the people or by the
Parliament), but also the respective powers of the Parliament and President.

The Right of the Voters to Recall  Representatives in the Parliament:  When,
How and Why the Electorate has the Right to Revoke a Deputy’s Mandate

One option in a democracy is the possibility of the electorate to recall a representative in
the Parliament.  Participants considered this an important  right of the electorate and
noted the need for  specific procedures related to that.
 

Number, Composition, and Internal Organization of the Parliament

Participants emphasized the need for a clear picture of the number, composition, and
structure of the  Parliament.  This structure should establish and foresee public access and
additional mechanisms of democracy.
 

Publication, Interpretation, and Effectiveness of Laws

Participants stated that this issue has its importance not only from the procedural point of
view, but also for its substantive impact on public participation.   Under this issue,
participants focused on the fact that laws must be adequately funded, or this will serve as
an excuse for  implementation problems.  Also, there should not be “secret” laws and/or
regulations.
 

Defining the Term of the Legislature

In this respect, there were two main discussions: the effectiveness of using shorter
legislative terms and the cost that it implies.
 

Technical Parliamentary Commissions

Both ad hoc and permanent Parliamentary Commissions  should be created for specific
reasons, and there should be a clear distinction drawn between them.
 

Who Appoints/Elects the President

The participants would like to know more about the possible options.

Organization and Promulgation of Referenda

The Constitution should specify the groups entitled to call a referendum on various issues.
 
 

Power of the Parliament to Control the Defense Structures and the Defense Policy

Participants considered it important that the Parliament should be entitled to control the
military structures and the defense policy of Albania.
 

Power to Determine National Policies

The participants identified as important the power of  Parliament to determine the national
policies.