BRIEF ANALYSIS ON CHANGES DURING THE LAST TWENTY YEARS AND PROPOSALS FOR ISSUES RELATED TO NEW AMENDMENTS IN THE ALBANIAN CONSTITUTION

Andon KUME

Abstract

This study presents, in a summarized way, the process for the drafting of the basic act of the state in Albania since the declaration of independence, November 28, 1912. The behavior of the current political class towards the Constitution, the presentation of problems and issues that can be discussed in the framework of a comprehensive constitutional reform, are also subject of analysis in this study. The first legislative document at the level of the basic act of the state is the Organic Statute approved in 1914, during the time of Prince Wied, in which the monarchy was announced as the form of government system in Albania. Among other acts, with constitutional power, that were approved until after the end of the second world war, the Fundamental Statute of the Kingdom, 1928 stands out. The constitutions that were approved in 1946 and 1976 have sanctioned the dictatorship of the proletariat as the system of government in Albania. In these constitutions, private property and free initiative were not allowed. The main constitutional provisions, 1992 and the approved Constitution, by referendum in November, 1998, sanctioned the Parliamentary Republic as a government system in Albania. The Constitution of Albania contains special provisions to preserve its "solid core". Its provision 177 regulates this need in accordance with international standards. However, the Albanian political class, in many cases, driven by its political interests, has made changes to the Constitution, which have negatively affected, especially to the balance between powers, in the functioning of the rule of law and the "check and balance" principle. The Constitutional amendments in the framework of the reform in the judicial system and amendments that made possible the implementation of the law "On ensuring the integrity of persons elected, appointed, or holding public functions”, also known as the decriminalization law are evaluated as positive and effective developments. In order to restore to the Constitution, the qualities it has lost as a result of the amendments made with political context, it is proposed that the Albanian legislative body should organize and implement a comprehensive constitutional reform. The issues related to the need for strengthen the basis on which is developed the state of law, initiative and free market, should be important part of this constitutional reform. For all constitutional amendments that are proposed in this study it is important to formulate solutions that are compatible with the expected political, economic, social and democratic developments, in line with the process of Albania's membership in the EU.

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