Legislative and Executive Bodies

Albania is a Parliamentary Republic. Sovereignty in the Republic of Albania belongs to the people. The Constitution is the highest law in the Republic of Albania, and was adopted by popular referendum on November 28, 1998. The system of government is based on the separation and balancing of the legislative, executive and judicial powers.

The unicameral Parliament (Kuvendi) represents the legislative branch. The executive branch is represented by the President as the Chief of State, Prime Minister as the Head of Government, and the Council of Ministers. The judicial branch is composed of the Constitutional Court, the Supreme Court and multiple Appeal Courts and District Courts.

The unicameral Parliament (Kuvendi) consists of 140 seats, 100 of which are determined by direct popular vote. The remaining 40 seats are distributed by proportional representation. All Parliament members serve a four-year term. The internal structure of Parliament is composed of the Speaker, Deputy Speakers, Bureau of Parliament, Parliamentary Groups, and Parliamentary Commissions. (See the website of Parliament: in Albanian, English and French.)

The President is the head of state and is elected by a three-fifths majority vote of all Parliament members. The President serves a term of five years with the right to one re-election. Although the position is largely ceremonial, the Constitution does give the President authority to appoint and dismiss from office some civil servants in the executive and judicial branches and to issue decrees. The current President's term expires on July 23, 2007. (See the website of the President's office: in Albanian and English.)

The Prime Minister is appointed by the President and approved by Parliament. The Prime Minister serves as the Chairman of the Council of Ministers, which consists of the Prime Minister, Deputy Prime Minister, and 18 ministers. Members of the Council of Ministers are nominated by the Prime Minister and approved by the President. The Council of Ministers introduces to Parliament draft laws necessary for implementing the Constitution, and issues decisions, instructions, regulations and orders to implement the body of laws approved by Parliament. (See the website of the Council of Ministers: in Albanian and English.)


Types of Legislation

All legal acts must be in compliance with the Constitution. International treaties and conventions ratified by Parliament prevail in case of inconsistency with Albanian legislation.

Legal acts, according to the type of act, are issued and approved by the respective organizations as follows:

· Laws are proposed by the Council of Ministers, approved by Parliament of the Republic of Albania and proclaimed by the President of the Republic;

· Parliament decisions are issued by Parliament;

· Decrees are issued by the President of the Republic;

· Normative acts, decisions, instructions, regulations and orders are issued by the Council of Ministers;

· Instructions, regulations and orders are issued by each Ministry; and

· Court Decisions are issued by the Constitutional Court and the Supreme Court.

A law, after approved by Parliament, is promulgated by the President of the Republic, and enters into force 15 days after its publication in the Official Gazette.


Official Legal Publications

Prior to 1999, the Official Gazette (called Fletorje Zyrtare in Albanian) was published by a section within Parliament. Laws issued by Parliament were all published in the Official Gazette, but, especially during 1992-1997, many sub-legal acts issued by the Council of Ministers and Ministries or other state central institutions were not. With the intention of fixing this problem, Parliament issued law no. 8502, date 30.6.1999 "On establishing the Official Publication Centre", under the supervision of the Ministry of Justice. According to this law, "the Centre is required to publish: laws, decrees issued by the President of the Republic, normative acts of the Council of Ministers, ministries, other central institutions, decisions of the Constitutional Court along with dissents, unifying or altering decisions of judicial practice of the Supreme Court, and any other act issued by other state institutions, publication of which is required by law." The Centre, in addition to the Official Gazette, publishes also compilations of legislation based on subject areas, such as procurement legislation and civil service legislation, updated Codes of Albania (Civil Code, Civil Procedure Code, Criminal Code, Criminal Procedure Code, Family Code, Road Code, Administration Procedures Code, Military Code and Electoral Code) and the Constitution. All publications are only in Albanian. In early 2005, the Official Publication Centre launched a website to make information more widely available.


Unofficial Legal Publications and Databases

After 1991, several companies were created for the purpose of publishing in electronic form Albanian Legislation. The most popular electronic version of legislation (in Albanian) is the Jurist Program (Programi i Juristit), which is distributed on a CD and updated every three months.

The Library of Parliament also produces and makes available to Parliament members an index of legislation.

In 1994, an Index of Albanian Legislation, both in Albanian and English, showing implementation, amendments, references and classification based on subject areas, was established. This Index in the Albanian language is published several times annually and distributed to Courts and Government Agencies with the help of several donor organizations operating in Albania. The English version of this Index is distributed on a subscription basis by the producer.
 

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