Statue of the Kingdom of Albania - 1 December 1928
Free, proud and confident
of a happy future, the Albanian nation, firmly resolved and strong in it's
to establish for all time national unity and to ensure the peaceful development of the country and the general good of the people, while respecting the historic traditions of the nation as a sure pledge that the rising generation shall enjoy the well-being that is its due on this 1st day of December, 1928, in its second Constituent Assembly, approves and decrees the present statute:
Part I -
Albania is a democratic, parliamentary and hereditary monarchy.
Albania is independent and indivisible, its integrity inviolable, and its
The Albanian flag is red, with a double-headed black eagle in the centre.
The official language of the State is Albanian.
The Albanian State has no official religion. All religions and creeds are
respected, and freedom of worship and religious observances is guaranteed.
Religion cannot in any way
constitute a legal defence.
Religions and. creeds
shall in no way whatsoever be use for political purposes.
The capital of Albania is Tirana.
- State Powers
All powers of the State are derived from the nation, and exercised according to
the principles and rules laid down in the present statute.
Legislative authority is exercised conjointly by the King and the Parliament,
which is composed of one House.
The initiative in legislation is vested in the King and Parliament. The proposal
of laws involving additional financial expenditure appertains, however, to the
The authentic interpretation of the laws devolves upon the legislative authority.
All laws, to be effective, must be voted by Parliament and sanctioned by the
No law can be presented to the King for sanction which has not been voted in a
regular manner by Parliament.
Laws cannot be abrogated,
modified or suspended, except by another law.
The executive authority is vested in the King, who, will exercise it in
accordance with the provisions of the present statute.
Judicial authority is exercised by the courts, whose rulings, based on the law,
are issued and executed in the name of the King.
I - Legislative Authority
The Parliament is composed of deputies elected by the people according to law.
A deputy shall be elected for each 15,000 persons or part thereof above the
number of 7,500.
The Parliament is elected for a period of 4 years.
The deputy represents not only his own district, but the nation as a whole.
The qualifications of electors are determined by the electoral law.
To be elected deputy one must possess the following qualifications: -
Be an Albanian subject. (b) Be 30 years of age. (c) Enjoy civil and political
rights. (d) Be able to read and write the Albanian language. (e) Be under no
disqualification as defined by the electoral law.
21. The function
of deputy is incompatible with any other salaried State employment, except that
of Minister; it is further incompatible with commercial employment or with any
active religious post. In addition a deputy may not undertake the collection of
No obligation shall be imposed upon a deputy by his electors.
Deputies have the right to receive as remuneration the sum of 8,400 gold francs
per annum. This amount can be changed from time to time by law.
Deputies cannot be held responsible for their opinions expressed or votes given
During the session deputies cannot be imprisoned for debt. If any are in prison
at the time of the opening of a session they shall immediately be released.
Deputies, as long as Parliament is in session, cannot be prosecuted or arrested
on criminal charges (common or political) without permission of Parliament
unless actually apprehended in flagrante delicto. On such occasions the judicial
authorities are obliged within 24 hours to inform Parliament through the
Ministry of Justice.
Penal sentences against a deputy cannot be executed during the course of a
Parliamentary session. Such time shall not be deducted from the term of the
Except on such extraordinary occasions as are defined in this statute,
Parliament shall assemble voluntarily each year for one regular session of 5
months' duration, beginning on the 15th October. and ending on the 15th March,
but the session may not be brought to an end until the State budget has been
Sessions are closed by
Parliament examines the legal qualifications of the deputies, judges and gives
decisions thereon, in accordance with the provisions of its domestic rules.
A decision to annul an
election on the ground of illegality or a refusal to accept a deputy on the
ground of a disqualification laid down by the law is taken by a two-thirds
majority of the sitting dealing with the matter.
Deputies, before entering upon their duties, are required to take the following
“I swear publicly in the
name of God that as deputy of Albania I will be faithful to the statute and work
honourably and conscientiously for the good of the fatherland only."
Any deputy who, without the permission of Parliament. lies been absent from the
sittings of the House for 2 consecutive months, shall lose his seat.
At the beginning of each session Parliament shall elect its own President and
Vice-President and other officers from among its members in accordance with the
The administration of the offices of Parliament is effected in accordance with
the internal rules. The budget for Parliament is drafted by the presidency and
voted by Parliament in the ordinary way.
When for any reason, a deputy's seat becomes vacant, another deputy must be
elected not earlier than 1 month, but not more then 2 months, from the date of
At the end of the parliamentary term or in the event of Parliament being
dissolved, the executive authority must, within 2 weeks of the date of the
dissolution, order new elections to take place not earlier than 1 month and not
later than 2 1/2 months from the date of the order.
Parliament on election shall meet of its own accord 10 days subsequently. When
the meeting happens to be during the time of the ordinary session, Parliament
shall sit until the end of the session, but when it happens to be outside the
time of the ordinary session the sitting shall be considered as extraordinary
and Parliament shall then confine itself to examining and confirming the status
of its members and, after electing its officers, shall debate on the Government
vote of confidence and adjourn until the next session.
When the new elections are
completed within 1 month of the date when the normal session is to open,
Parliament will meet on the opening day of the ordinary session.
Parliament shall also meet in extraordinary session when convoked by the King.
In these sessions only those questions defined in the decree of convocation
shall be debated.
Parliamentary sittings and debates are open to the Public in conformity with the
Debates shall be published
textually in special volumes.
Parliament may debate in secret if requested by the Ministers, and also on the
request of 5 deputies if accepted by the majority. During these sittings, the
Chamber shall be cleared of all persons other than deputies.
Parliament cannot debate and vote without having more than one-half of its
All decisions shall be voted by an absolute majority of the deputies present
except where the present statute ordains otherwise. When votes are equal the
contention voted for by the President shall prevail. When votes are taken for
the election. of persons, if the first count does not give an absolute majority
of the deputies present, on the second Count a relative majority will be
Laws are voted once in principle and twice article by article on 3 separate days.
Codes presented by the Government and prepared by a special commission
established by law, after having been accepted in principle, are voted en bloc
at two sittings on separate days. When Parliament decides that a Code presented
needs amendment, it shall refer it to the special commission through the
Laws which by the decision
of Parliament are considered urgent are voted on in accordance with the internal
rules of the House.
The Chamber of Deputies is inviolable. No armed forces whatever can remain
around or inside the Chamber without the latter's order and request except the
guard which is under the exclusive orders of the presidency.
All laws voted by Parliament shall be presented to the executive authority for
approval and promulgation.
Promulgation must be
effected at most 2 weeks after approval. Laws enter into force 1 month after
their promulgation except in cases where the law prescribes a definite date.
All bills refused by Parliament when presented by the executive authority shall
be returned to that authority with an explanation of the reasons for refusal.
Bills which have been refused by Parliament cannot be presented for discussion a
second time during the same session.
Parliament controls the Government. To interrogate, to interpellate and to
enquire are the prerogative and the right of Parliament. The manner of
exercising the same is fixed by the internal rules of the House.
For high treason and for crimes set out in the special law on the responsibility
of Ministers, Parliament shall arraign the Ministers and may, by a three-fifths
majority of the entire number of deputies, send the delinquent before the State
Nobody may be heard during the sittings of Parliament except the deputies and
II - The Executive Power
Section A - The King
The King of the Albanians is His Majesty Zog I, of the illustrious Albanian
family of Zogu.
The Heir to the Throne shall be the King's eldest son. and the succession shall
continue generation after generation in the direct male line.
Should the Heir die or lose his rights to the Throne, his eldest son shall
Should the Heir to the
Throne die or lose his rights and leave no son, the succession shall pass to the
brother coming after him.
Should there be no Heir to the Throne under articles 51 and 52, the King shall
select his successor from among the male members of his family, but the King's
selection shall be with the consent of Parliament.
Should the King not use
his prerogative, and the succession remain vacant, Parliament shall then select
a male member of the King's family as successor to the Throne.
In case no heirs exist in
the King's family, or such as may exist are held incapable by a special
parliamentary decision taken by a two-thirds majority of the members of the
House, Parliament shall select a successor from the line of the King's daughters
or sisters, but such successor must be of Albanian origin.
When there are no males in
the families above mentioned, Parliament shall select a successor of Albanian
Should the Throne remain
vacant, the Council of Ministers shall exercise the Royal powers until the
question of the successor is settled.
The King comes of age at 18 years.
The King shall exercise the Royal powers only after having taken, in the
presence of Parliament, the oath set forth in article 56.
The King, in the. presence of Parliament, shall take the following oath: -
"I, - , King of the
Albanians, on ascending the Throne of the Albanian Kingdom and assuming the
Royal powers, swear in the presence of God Almighty that I will maintain
national unity, the independence of the State, and its territorial integrity,
and I will maintain and conform to the statute and laws in force, having the
good of the, people always in mind. So help me God!”
On the present occasion
only King Zog I shall take the oath in the presence of the Constituent Assembly.
Should the King die or abdicate, Parliament shall meet voluntarily within 10
days to receive. the oath of the new King or of the Regency. Should Parliament
have been dissolved and a new Parliament not yet been elected, the old
Parliament shall assemble for the performance of this duty. Until the new King
or the Regency has taken the oath, the Royal constitutional, power shall be
exercised by the Council of Ministers upon their own responsibility in the name
of the Albanian people.
Should it be found by Parliament and the Government that the King is incapable
and cannot perform his duties, or if he dies and his Heir is still a minor, the
Royal powers shall be exercised by a Regency in the name of the King.
In the cases contemplated
in the present article the guardianship of the King shall devolve on the
The duties of the Regency shall be performed by the Heir to the Throne when he
is of age.
In case the Heir to the
Throne cannot for reasons defined in article 58, exercise the. duties of the
Regency, this shall be formed as follows: -
The Queen (when the King
is incapable) or the Queen-Mother when the
King is still a
minor. (b) The President of Parliament. (c) The Prime Minister. (d) The
President of the State Council.
60. Should there
be no Queen or Queen-Mother, the Council of Regency shall be composed of the
other 3 members mentioned in article 59 of the present statute.
When the Council of Regency is composed of 4 members in conformity with article
59 and one of them is temporarily otherwise engaged, the other three, or, if the
Council is of three, the other two, shall conduct the business of the State.
The Regents cannot enter upon their duties before taking the necessary oath
before Parliament. The oath demands loyalty to the King, the statute and the
laws of the State.
Should the King die and leave no Heir, but the Queen at the time of the King's
death be pregnant, this being certified by 3 doctors summoned by the Council of
Ministers, the Council of Regency shall be formed temporarily and exercise the
Royal powers until the birth of the child.
Should the Heir to the Throne die and leave no Heir, but his wife at the time of
his death be pregnant, this being authenticated with the formalities as laid
down in article 63, the declaration of an Heir to the Throne shall not take
place until after the child's birth.
The King shall live in Albania. Should he be absent temporarily the Heir to the
Throne shall exercise the Royal powers. If the Heir is not of age, or is
incapable, the Council of Ministers upon their own responsibility shall exercise
the powers in question. The King may not remain absent from Albania for more
than 3 months.
The Royal powers in such
circumstances shall be exercised by the Heir to the Throne or by the Council of
Ministers in accordance with the advice and orders given by the King within the
limits of the statute.
The provisions of article 65 may also be applied in case of the King's illness,
but not should he be permanently incapacitated.
When the Council of Ministers exercises the Royal powers it shall have no
authority to dissolve Parliament.
The exercise of the Royal powers by the Council of Ministers may on no occasion
continue for a longer period than 8 months, at the end of which a Council of
Regency shall be formed.
The Regents when fulfilling their duties in the Council of Regency are
The Throne of the Albanian Kingdom cannot be United to the throne of any other
The King is the highest person in the State. He possesses all the prerogatives
and rights of the Throne as conferred in the present statute, which he shall
exercise through the Ministers in conformity with the provisions of the present
He is the supreme
commander of the land, air and sea forces, and shall exercise his authority as
such directly in conformity with the special provisions set out in part V of the
The King is irresponsible and his person inviolable. The Ministers are
With the exception of matters appertaining to the High Command, all orders of
the King, to become valid and executory, must be countersigned by the Prime
Minister and the competent Minister.
The King sanctions and orders the proclamation and promulgation of all laws
voted by Parliament. The King. may refuse to sanction a law presented to him and
return it to Parliament with a request for a second debate, giving his reasons
for so doing.
Should the King not
exercise the right above mentioned within 3 months of a law being presented to
him, the law presented for sanction shall be considered as refused.
The King appoints and dismisses the Prime Minister and the Ministers selected by
The King has the power to arraign Ministers and to send them before the High
The King, on any occasion when he deems it necessary, has the power to convoke
the Council of Ministers, who shall debate and take decisions under his
The King has the power to decree regulations governing the manner of the
application of laws. These regulations shall contain no new provisions which are
not comprised in the law.
The King has the right of pardon. He also has the right to reduce and commute
sentences pronounced by the courts.
Only in case of political
crimes has the King the power to order the suspension of prosecutions.
The King may not pardon
Ministers for crimes occurring during the execution of their duties without
obtaining the consent of Parliament.
An amnesty may be granted
with the consent of Parliament, but such amnesty shall in no way prejudice
The King nominates and dismisses State officials and grants military promotions
in accordance with the provisions of the laws in force.
The King represents the Albanian State within and without. He accepts and
The King declares war in case of defence.
The declaration of war,
except in a case of defence, and the conclusion of peace are made with the
approval of Parliament.
The King makes treaties of friendship, alliances, &c., and, when the supreme
interests of the State allow of it, informs Parliament thereof.
Commercial and other
treaties which impose fresh obligations on the State or individuals have no
validity or effect unless approved also by Parliament.
Secret provisions of treaties can in no wise cancel the published provisions of
The right to grant decorations and to coin money belongs to the King alone, in
accordance with the laws.
Decorations conferred upon Albanian subjects by foreign Powers may not be
accepted or worn except by the special permission of the King.
An allowance is payable to the King, the Queen-Mother, the Heir to the Throne,
sons not of full age, and daughters, spinster or widowed, of the King on his
death, also to Regents when acting as such.
The King shall receive
500,000 gold francs per annum. This sum may be altered from time to time by law.
The allowance to the
others is fixed by law.
The personnel of the Court and their duties are determined by special law. Their
appointment and dismissal rest entirely with the King.
The marriage of the King and of the Heir to the Throne cannot take place without
the sanction of Parliament.
Should the Heir to the Throne marry without, the consent of Parliament, he and
the sons born of the marriage shall lose their right of succession.
Should the Heir to the
Throne be incapable or his behaviour be incompatible with the duties of his high
station, Parliament may, in accord with the King, decide by a two-thirds
majority of the sitting to deprive him of the right to succeed.
At the opening of each parliamentary session the King shall, in a speech
delivered personally from the Throne or in a message read by the Prime Minister,
explain the general situation of the country and the measures which arc
considered necessary for the year. In the absence of the King, the speech to
Parliament may be read by the Prime Minister.
Parliament shall reply to
the speech or message as soon as possible.
The speech from the Throne
or the message must be signed by the Cabinet.
The King may order the opening of the ordinary parliamentary session even before
the time prescribed in the present statute, but not more than 1 month before the
date the session should open.
The King may also convoke
extraordinary sessions, but they must be brought to a close before the date of
the opening of the ordinary session.
The King closes the sessions by decree, which is signed by the Cabinet and read
to Parliament by the Government.
The King has the right to adjourn the opening of a session, to suspend a sitting
during a session, and to prolong a session.
This right cannot be used
twice during one session, and the period of adjournment, suspension or
prolongation cannot be more than 1 month. The relative decrees must be signed by
The King has the right to dissolve Parliament should he deem it necessary. In
such cases the procedure set out in articles 35 and 36 of the present statute
shall be followed. The decree of dissolution must be signed by the Cabinet.
When Parliament is not in session and very urgent justified need arises, the
King, under responsibility of the Council of Ministers, has the right to make
decree-laws, which shall be presented to Parliament, together with a report
thereon, for examination and debate not later than 15 days after the opening of
the first session.
Should they not be
presented within the prescribed time, or be presented and not accepted by
Parliament, they shall be considered as annulled. The Codes can be neither
abrogated nor modified by decree-laws.
In case of war or the likelihood of war, revolution or the likelihood of
revolution, general mobilisation or public calamity, the King, under the
responsibility of the Cabinet, has the power to proclaim a state of siege,
partial or general.
The decree enforcing a
state of siege must be referred to Parliament for approval within 24 hours.
If Parliament is in
vacation the decree of a state of siege must be presented at its next session,
not later than 3 days after the opening. Parliament shall debate and take a
decision within 1 week.
The state of siege
temporarily restricts and suspends personal freedom, the inviolability of
domicile, the right of association and meetings, the freedom of the press, the
secrecy of correspondence and freedom of speech.
A special law will
regulate the application of the above restrictions and suspensions, and will
define together with the area under a state of siege the manner of executing the
measures to be applied within that area.
The King's title is «His Majesty»; that of the Heir to the Throne, «Prince of
the Albanians,» «His Highness»; that of the Queen-Mother and of the Queen, «Her
Majesty»; that of the brothers on the father's side and of the King's sons, «Prince»;
of the sisters on the father's side and of the daughters of the King, «Princess.»
These two latter titles do not pass by descent, and in case of need they may be
cancelled by a Royal decree.
Other than the above, no
titles of nobility may be conferred on or held by Albanians in Albania.
Section B. The
At the head of the State services immediately subordinate to the King is the
Council of Ministers, which is composed of the Prime Minister and the Ministers.
The Prime Minister presides over the Council of Ministers. The Ministers
administer the different services of the State according to their designations.
No person can be appointed Minister who is not of Albanian blood and nationality
and does not possess a knowledge of the Albanian language.
subjects cannot hold ministerial rank.
Persons who do not possess
the qualifications required by the electoral law for the election of deputies
cannot he appointed Ministers.
No member of the Royal family may be appointed a Minister.
Blood relatives to the third degree may not be appointed as Ministers in the
The Ministers, before entering upon their duties, shall take the oath in the
presence of the King. The oath affirms loyalty to the King, the statute and the
laws of the State.
The Ministers shall appoint and dismiss officials subordinate to them in
accordance with the provisions of the laws in force.
Ministries are created by law.
Ministers may enter Parliament freely, and shall be heard whenever they demand
speech, but only those holding the position of deputy may vote.
Tile King's orders can never absolve Ministers of responsibility.
The Cabinet is responsible collectively to the King and Parliament in regard to
questions affecting general State policy. Each Minister is personally
responsible for the actions of his department.
Art. 110. Ministers cannot be charged with crimes defined by the special law after the expiration of 4 years from the date of their leaving office.
Art. 111. Ministers
are considered to have forfeited their posts when a decision to send them before
the High Court is taken.
A Cabinet must present itself before Parliament within a week of its appointment
to obtain a vote of confidence; otherwise it is regarded as having received a
vote of no confidence. If Parliament is not in session the vote of confidence
shall be taken at the beginning of the next session.
On the present occasion
the Cabinet shall receive a vote of confidence from the Constituent Assembly.
A Cabinet which does not obtain a vote of confidence from Parliament is obliged
to hand in its resignation to the King.
Should the Prime Minister resign or his mandate be taken from him, the Cabinet
over which he presides shall be considered to have fallen.
Ministers enjoy parliamentary immunity.
The Cabinet may withdraw bills which have been presented to Parliament and not
Bills proposed by the executive power are presented to Parliament by the Prime
Minister after having been accepted by the Council of Ministers.
III - The Judicial Power
Section A - The Courts
The organisation, rights and competence of the courts are determined by the law.
Judges, in giving
decisions, are independent and are guided only by the law and their conscience.
Nobody may intervene and influence decisions of courts.
Decisions of courts cannot be changed nor can their execution be suspended or
impeded by any other power, legislative or executive, except in the
circumstances and manner defined in the present statute.
Judges and public prosecutors are permanent in the manner defined in the organic
law. The qualifications of judges and of State public Prosecutors, and the
manner of their appointment, transfer, dismissal, promotion, degradation,
suspension and retirement, and also the amount of their salaries and
remuneration, are defined in the organic law of the Ministry of Justice.
This provision becomes
executive 1 year after the present statute enters into force.
The judges, except for the rights and duties prescribed by law, are strictly
forbidden to undertake any other employment, public or private.
Each person has the right to defend his interests in the manner accepted by law.
The courts are open to the public except in special cases when the law considers
it necessary that the public should be excluded in the interests of the people
and of public order.
The judges shall deliberate and come to their decisions in camerâ, but
decisions are pronounced in public in accordance with law.
The decisions of the courts must be supported by legal arguments and the
articles of the law on which they are based.
In no case may extraordinary courts be set up except in the case of political
crimes, when a special court with special laws may be formed for a definite
No court can refuse to bear a case which is within its competence and duty.
When a court determines
that a case is outside its competence it may refuse to hear the case after
giving a formal decision to that effect.
A case in the criminal courts involving freedom of the person and carrying a
maximum penalty of 3 years or more cannot be heard unless the accused is
assisted by a lawyer. Should the accused not appoint a lawyer for his defence,
the court shall nominate one in conformity with law. In such cases the
interrogation of the accused by the examining official may be made with the
assistance of the lawyer for the defence nominated by the accused.
All judges and public prosecutors selected and proposed in conformity with the
special law are nominated by Royal decree.
Albania has a Court of Cassation, which is divided into different sections in
conformity with the special law. The seat of the court is in the capital.
The method of proceeding against judges and public prosecutors is laid down by a
For crimes committed during the discharge of their duties or arising out of
their duties the president, members and deputy members of the Court of Cassation
and the Chief State Public Prosecutor shall be judged by the High Court of the
shall be made by the competent Ministry and a decision to prosecute taken by
For crimes committed arising out of or during the discharge of their duties,
judges, with the exception of those of the Court of Cassation, and public
prosecutors shall be judged by the Court of Cassation in accordance with the law,
and after the formalities of accusation laid down by the special law have been
A decision to send judges and public prosecutors for trial entails their
suspension from duty.
Section B - The State
To try crimes arising out of their duties or during the discharge of their
duties committed by Ministers, the President, members and deputy members of the
Court of Cassation, of the Council of State, of the Audit Council of Finance and
the Chief Public Prosecutor, a State High Court is formed.
The State High Court shall be convened by Royal decree as occasion arises.
The State High Court shall be composed of the President of the criminal side of
the Court of Cassation, who also presides, 4 members of the Court of Cassation,
and 4 members of the State Council who are chosen by lot among themselves at a
The duties of Public Prosecutor are performed by the Chief State Prosecutor.
The decisions of this court are taken by a two- thirds majority of its members
and are final.
The High Court judges and gives decisions in accordance with the State laws in
- State Finance
I – Finance
A tax is a collective contribution by the people to meet the general expenses of
No tax of any kind can be enforced and collected except by law.
Except when a customs
tariff is imposed or increased, the new tax shall be collected from the day on
which the relative bill is presented to Parliament in a closed envelope. Such
bill must be passed within 15 days. When the customs tariff is lowered, the
relative law enters into force 2 months after promulgation.
The law cannot create taxes except for the benefit of the State, prefectures,
communes, municipalities and public institutions.
Taxes for the benefit of
prefectures and communes are created after the consent of the local council has
Privileges in the matter of taxes cannot be created nor can exemptions,
modifications or abrogations of taxation be made except by law.
Monopolies cannot be
created except by law and must be exclusively for the benefit of the State and
The State cannot be made liable for pensions except by law.
During the month of January of each year, the executive. authority shall present
to Parliament the estimates which are voted section by section twice on two
different days. These estimates shall comprise all receipts and expenditure of
the year, together with the relative laws tinder which the receipts are
After the end of the
financial year and during the month of August the Ministry of Finance is obliged
to refer the previous budget to the Audit Council, which, after examining it,
shall present it to Parliament during the month of November with a report
thereon, together with the necessary observations. At the same time. the
previous budget, having been examined as above, together with the Audit
Council’s report of examination, is presented to the Prime Minister, who
places it before Parliament for approval.
The previous budget is
voted once en bloc.
In case the estimates are not voted before the 31st March, the executive
authority is empowered to put the previous budget into force during such time as
the voting of the draft budget is delayed.
When a credit figuring in the budget is not sufficient for the service for which
it is designed or when a need of expenditure for purposes unforeseen in the
budget arises, the executive authority may demand from Parliament by. bill a
supplementary or new credit. The executive authority shall indicate the means of
meeting this further expenditure.
No loan can be contracted for the benefit of the State without a law authorising
Real property of the State cannot be alienated nor can it be leased for more
than 20 years without the sanction of Parliament.
Mineral property is divided into two classes mines and quarries. The first are
the property of the State and the latter the property of the owners of the
surface land. The exploitation of mines and quarries is subject to the relative
Waters and mineral springs are governed by a special law. Rights acquired over
these will be respected.
II - The Audit Council
The finances of the State are controlled by an Audit Council. This body is
independent in the exercise of its duties.
The Audit Council is composed of a president and two members. Its organisation
and its functions and the qualifications of its members are set out in a special
The Audit Council checks the estimates and all the actual receipts and
expenditure of the State.
Each year the Audit
Council shall present to Parliament a general report covering the accounts of
the past year's budget and indicate any irregularities which may have taken
place in the different State administrations in the execution of the provisions
of the budget.
The Audit Council presents a special report on the financial situation of the
country to the King every 8 months through the Prime Minister.
The president and the members of the Audit Council are nominated by the King
from double the number of candidates put forward by a special commission
composed of the Prime Minister, the President of the House and the Minister of
Finance. The other officials of the council are appointed in accordance with
For crimes committed arising out of their duties, the president and the members
of the Audit Council may be charged and sent before the High Court by a decision
of Parliament to that effect.
Before entering upon their duties the members of the Audit Council are required
to take the proper oath in the presence of the King. They are appointed for a
period of 7 years beginning in the ease of each member from the date of the
decree, and their permanency during this period is assured except in
circumstances foreseen in the law on retirement or if by a decision of
Parliament they are sent before the High Court or dismissed.
- The State Council
A State Council shall be formed to discharge the duties defined in the present
statute and in the special laws.
The State Council shall be composed of 10 members and 2 substitute members.
The members and substitute members of the State Council are nominated by the
King from double the number of candidates selected by a special commission,
composed of the Prime Minister, the President of the Chamber of Deputies and the
Minister of Justice. The other officials are appointed according to law.
The President of the Council of State is nominated by the King from amongst the
members of the Council. He may also be dismissed from his post by the King.
The procedure of the State Council is set out in a special law.
For crimes committed arising out of or in the execution of their duties, the
President, members and deputy members of the State Council may be charged and
sent before the High Court by a decision to that effect taken by Parliament.
The members and substitute members of the State Council are appointed for a
period of 7 years from the date of the decree of their appointment. They take
the oath in the presence of the King before entering upon their duties. Their
permanency during this period is assured except in the circumstances defined in
the law on retirement or if they are dismissed or sent before the High Court by
a decision of Parliament.
The members and substitute members of the State Council, besides possessing the
qualifications set out in the special law, must be in possession of a university
degree, be versed in science, experienced and capable.
The duties of the State Council are: -
To prepare Codes. (b) To examine and prepare all bills and regulations referred
to it. (c) To examine and give its opinion on conventions and Concessions. (d)
To perform the duties entrusted to it by the special laws and the various laws
of the State.
Part V -
National Defence Forces
The armed forces of the State are under the absolute orders of the executive
authority. Their obligations are to defend the honour, the independence and the
territorial integrity of the fatherland, and the high moral and material
interests of the State.
The armed forces shall consist of -
The national army (all land, air and sea forces). (b) The gendarmerie.
A - The National Army
Military service is obligatory for all Albanian subjects except such as are
exempted by the law.
The organisation of the different branches of the army is regulated by law, but
the application of the law and the formation of units are under the orders of
The effectives of the armed forces are fixed in the State budget for each year.
The supply departments of the armed forces are controlled and directed by the
General Command to which they are attached. The General Commands in question are
authorised to expend the credits allotted to them, always under the effective
control of the Ministry of Finance.
In penal cases the military courts act in accordance with the law and the
special procedure. The regulations concerning military discipline and
disciplinary punishments are put into execution by Royal edict.
All the armed forces of the State form one body and are under the absolute
command and orders of the King.
In case of war the King may appoint a high officer to the effective command of
operations. When the King takes effective command of operations he is directly
responsible to the State as far as the execution of the operations is concerned.
The King orders the calling up of recruits, and in extraordinary circumstances
or when determined by law the calling out of reserves. The King alone may order
the distribution of the forces in the various areas and no force may be moved
except by the orders of the King communicated through the Command of the
The King as Commander-in-Chief of the armed forces shall issue his orders
immediately to the Command of the National Defence.
The Commander of the National Defence is responsible before law for illegal
The Commander of the
National Defence is represented in Parliament by the Prime Minister.
All military bodies are absolutely obliged to obey the orders of the King. This
obligation is mentioned in the oath which is taken in the presence of the
The appointment of officers, from, the rank of company commander upwards, is
made by the King. These Officers shall re-affirm their loyalty and obedience to
the King by taking the oath in the presence of the national flag.
Military Promotion is won or lost according to the provisions of the laws in
force and by Royal decree.
Military pensions are
regulated by law.
The Commander of the National Defence and the Chief of the General Stall are the
King's natural advisers in military matters which are decided by the King alone.
The King may form a
Military Council on important occasions.
Foreigners may not take up military service in Albania except as organisers
under contracts which may not exceed 5 years.
All crimes committed by civilians in conjunction with soldiers are judged by the
ordinary courts in peace time and by the military courts in time of war.
No foreign armed forces may land in Albania or Albanian armed forces be sent out
of Albania except by decision of Parliament.
Active members of the armed forces enjoy all civil rights, except in such cases
as are set out in the law.
Section B –
The organisation and strength of the gendarmerie forces are fixed by a special
From a military Point of view the State gendarmerie is connected with the
Supreme Command in the manner defined in sub-section A of this part and, from a
service point of view, it is under the orders of the Ministry of the Interior.
The gendarmerie acts in conformity with the provisions of the laws in force.
- The Rights of Citizens
All Albanians are free-born and live in freedom.
In Albania a person can
neither be bought nor sold, and all bought persons or slaves are free the moment
they set foot on Albanian soil.
Freedom is the natural right of all persons and is circumscribed by the limits
of the freedom of others. This limit is determined only by the law.
Personal freedom is guaranteed. Nobody may be prosecuted, arrested or imprisoned,
except in accordance with the law and in the form laid down by the law.
All citizens are equal before the law, and without exception are obliged to
respect the law.
All citizens enjoy equal political and civil rights and are accepted in all
military and civil offices, except in such cases as tire set out in the law.
The abode is inviolable and may not be entered by force, except as and when the
Freedom of speech and of the press is guaranteed, and a censorship may not be
instituted, except in case of war mobilisation or other extraordinary event
defined by the law.
The regulation of the
press, the confiscation of press matter and the prosecution of the press are
determined by law.
Only Albanian subjects may
publish newspapers in Albania.
The right to property of whatever kind is inviolable, and property may only be
expropriated after it has been ascertained that it is in the interests of the
public to do so, and a reasonable value determined by a special law is paid.
The right of forming associations and holding peaceful meetings unarmed is
guaranteed in conformity with the law.
Associations may not be
dispersed for transgressing the laws unless an order to that effect be given by
Police officials may be
present at public meetings. Open-air meetings may be stopped if they endanger
Albanian citizens have the right to form societies within the limits of the law.
The use of this right is not subject to any preliminary measure.
The secrecy of correspondence, telegraph and telephone messages is inviolable,
except in case of war mobilisation, revolution and the investigation of serious
The relative law defines
the penalties incurred by those who betray the secrecy of correspondence, or of
telephone and telegraphic messages.
No hindrance can be placed in the way of travelling except as provided by the
Freedom of thought and of conscience is guaranteed, but the expression of
thoughts in one way or another must be in conformity with the law.
Only Albanian subjects may be employed in Government positions. Foreigners may
be employed as specialists, but their contracts may not exceed 5 years’
All forms of torture are entirely forbidden.
The primary education of all Albanian subjects is obligatory, and the State
schools are free.
Only Albanian subjects may open private schools of various kinds, provided they
conform to the law, the principles and the programmes adopted by the State for
the State schools and are always under the effective control of the Government.
Foreigners may open only
technical and agricultural schools with theoretical and practical programmes in
conformity with the laws.
communities may open religious schools with the permission of the competent
Ministry and in accordance with the law. The number of schools required for each
community and the number of students in these schools shall be fixed by the
competent Ministry by decisions of the Council of Ministers.
Confiscation is forbidden, and cannot take place except in conformity with the
laws and by a decision of a court.
Forced labour is forbidden. In case of war, the State has the right of
requisition, and by special law to make internal forced loans.
No Albanian subject can be expelled from Albania. Within the limits of the
State, no Albanian subject may be interned or compelled to adopt an obligatory
residence except in cases provided by the law.
The extradition of Albanian subjects is absolutely forbidden.
All persons, groups of persons or associations have the right to address
themselves to the competent authorities or to Parliament verbally or in writing
for the protection of their private or public rights.
The authorities are
obliged to reply in writing as soon as possible to all private questions
addressed to them.
Nobody may be summoned or judged by any court other than that which is competent
- Various Provisions
An Albanian subject cannot at the same time be a subject of any other State.
Albanian nationality is
acquired, maintained and lost in accordance with the provisions laid down in the
All foreigners in Albania enjoy the right of protection for their persons and
property except in cases provided by the law.
Foreigners can in no way
acquire a title to rural property, nor can they own real estate in such areas
adjacent to the State frontiers or the sea as are fixed by Royal decree on the
decision of the Council of Ministers. This provision does not prejudice the
rights previously acquired.
Foreigners have only the
right to the value of such lands when sold, and can he owners only of so much as
is necessary for the erection of factories or for purposes of communications.
No State organisation may be formed or modified except by law. Defined areas,
whether administrative, judicial, military or other, as also the transfer of
their respective centres, are regulated only by law.
No condemnation may be pronounced and executed except on the basis of the law.
Laws may not have retroactive effect except those in reduction of penal
The State recognises associations formed in accordance with the law.
The qualifications, rights, duties, salaries, pensions, remuneration, method of
nomination, dismissal, promotion, degradation and prosecution of officials for
offences connected with their duties are laid down by a special law.
Officials en disponibilité may be maintained in the army and in other branches
of the administration when provided for by the budget law.
Crown land is the property of the State, and the provisions of the Civil Code
apply to it.
Until the Civil Code comes
into force, the provisions of the law at present in force shall be valid.
The present statute may not be wholly or partially suspended.
No law or regulation can
be made against the letter or the spirit of the present statute.
VIII - Revision of the Statute
Proposals for the authentic interpretation, modification, addition and general
or partial revision of the present statute may be made only by the King or
Such proposals, with the
exception of a proposal for a general revision, must set out clearly all the
points in the statute for which interpretation, modification, addition or
partial revision is required.
In the case of articles 1,
2, 6, 50, 51, 52 and 70 of the present statute, no proposal for revision can be
made or accepted.
The proposals mentioned in article 224 when made by Parliament must be signed by
at least one-third of the total membership of the House.
The proposals mentioned in article 224 are voted in principle by a two-thirds
majority of the sitting, and on the second vote by a three-fourths majority of
the whole number of members of Parliament.
When, leaving aside articles 1, 2, 6, 50, 51, 52 and 70, proposals are made for
the general revision of the statute or for the modification of the provisions of
article 8 or 53, and are accepted in principle by a three-fourths majority of
the members of the House, Parliament shall be considered as voluntarily
dissolved and new elections shall be held under article 35 of the present
statute for a Revisory Assembly, which shall be composed of double the number of
members of the late Parliament. The Revisory Assembly shall meet 10 days after
the conclusion of the elections and debate only the points accepted in principle
by the late Parliament. As soon as this task is completed the Revisory Assembly
shall resign and a new Parliament be elected.
Authentic interpellations, modifications and additions to the present statute
which are voted by Parliament in accordance with the provisions of article 226
shall enter into force after having been sanctioned by the King.
Should the King withhold
his approval, the proposals shall within 15 days of their presentation be
returned to Parliament with an indication of the reasons for so doing.
Parliament shall then discuss the matter anew, and, if it upholds its previous
decision, shall be considered as voluntarily dissolved. The decision of the new
Parliament shall be final and shall he promulgated by the King.
The decisions of the Revisory Assembly are final and shall be promulgated by the
King within 15 days of their being presented to him.
- Temporary Provisions
The Constituent Assembly, after finally voting the present statute, shall
continue as a Parliament until the end of a period of 4 years beginning from the
16th August, 1928.
Wherever the words «Republic» or «President of the Republic» occur in the
laws and regulations of the State they shall be replaced by the words «Kingdom»
and «King» respectively.
Part X -
The provisions of the laws which are in conflict with the provisions of the
present statute are null and void.
All previous statutory provisions are null and void.
Art. 234. The present statute enters into force from the day of its proclamation.