Legislación

Constitution 1998, 21 October

Part I Basic Principles

Article 4
(1) The law constitutes the basis and the boundaries of the activity of the state.
(2) The Constitution is the highest law in the Republic of Albania.
(3) The provisions of the Constitution are directly applicable, except when the Constitution provides otherwise.

Part II The Fundamental Human Rights and Freedoms

Chapter I General Principles

Article 15
(1) The fundamental human rights and freedoms are indivisible and inalienable and stand at the basis of the entire juridical order.
(2) The organs of public power, in fulfillment of their duties, shall respect the fundamental rights and freedoms, as well as contribute to making them a reality.

Article 16
(1) The fundamental rights and freedoms and the duties contemplated in this Constitution for Albanian citizens are also valid for foreigners and stateless persons in the territory of the Republic of Albania, except for cases when the Constitution specifically attaches the exercise of particular rights and freedoms with Albanian citizenship.
(2) The fundamental rights and freedoms and the duties contemplated in this Constitution are valid also for juridical persons so long as they comport with the general purposes of these persons and with the core of these rights, freedoms and duties.

Article 17
(1) The limitation of these rights and freedoms may be established only by law for a public interest or for the protection of the rights of others. A limitation shall be in proportion with the situation that has dictated it.
(2) These limitations may not infringe the essence of the rights and freedoms and in no case may exceed the limitations provided for in the European Convention on Human Rights.

Article 18
(1) All are equal before the law.
(2) No one may be unjustly discriminated against for reasons such as gender, race, religion, ethnicity, language, political, religious or philosophical beliefs, economic condition, education, social status, or ancestry.
(3) No one may be discriminated against for reasons mentioned in Paragraph (2) if reasonable and objective legal grounds do not exist.

Article 19
(1) Everyone born of at least one parent with Albanian citizenship gains automatically Albanian citizenship. Albanian citizenship is gained also for other reasons provided by law.
(2) An Albanian citizen may not lose his citizenship, except when he gives it up.

Article 20
(1) Persons who belong to national minorities have the right to exercise in full equality before the law the human rights and freedoms.
(2) They have the right freely to express, preserve and develop their ethnic, cultural, religious and linguistic identity, to study and to be taught in their mother tongue, as well as unite in organizations and societies for the protection of their interests and identity.

Chapter II Personal Rights and Freedoms

Article 21
The life of every person is protected by law.

Article 22
(1) Freedom of expression is guaranteed.
(2) The freedom of the press, radio and television are guaranteed.
(3) Prior censorship of the means of mass communication is prohibited.
(4) The law may require the granting of authorization for the operation of radio or television stations.

Article 23
(1) The right to information is guaranteed.
(2) Everyone has the right, in compliance with law, to get information about the activity of state organs, as well as of persons who exercise state functions.
(3) Everybody is given the possibility to follow the meetings of collectively elected organs.

Article 24
(1) Freedom of conscience and of religion is guaranteed.
(2) Everyone is free to choose or to change his religion or beliefs, as well as to express them individually or collectively, in public or private life, through cult, education, practices or the performance of rituals.
(3) No one may be forced to take part or not in a religious community or in religious practices or to make his beliefs or faith public.

Article 25
No one may be subjected to torture, inhuman or humiliating punishment or treatment.

Article 26
No one may be required to perform forced labor, except in cases of the execution of a judicial decision, the performance of military service, or for a service that results from a state of emergency, war or natural disaster that threatens human life or health.

Article 27
(1) No one's liberty may be taken away except in the cases and according to the modalities provided by law.
(2) No law may be issued to limit the freedom of a person, except in the following cases:
a) when he is punished with imprisonment by a competent court;
b) for failure to comply with the lawful orders of the court or with an obligation set by law;
c) when there are reasonable suspicions that he has committed a criminal offense or to prevent the commission by him of a criminal offense or his escape after its commission;
d) for the supervision of a minor for purposes of education or for escorting him to a competent organ; e) when a person is the carrier of a contagious disease or is mentally incompetent and dangerous to society, an alcoholic, a drug user, or a vagrant;
f) for illegal entry at state borders or in cases of deportation or extradition.
(3) No one may be deprived of liberty just because he is not in a condition to fulfill a contractual obligation.

Article 28
(1) Everyone whose liberty has been taken away has the right to be notified immediately, in a language that he understands, of the reasons for this measure, as well as the accusation made against him. Every person whose liberty has been taken away shall be informed that he has no obligation to make a declaration and has the right to communicate immediately with a lawyer, and he shall also be given the possibility to realize his rights.
(2) Persons who have lost their freedom, according to Article 27 (2) c), must be sent within 48 hours before a judge, who shall decide upon his pre-trial detention or release not later than 48 hours from the time he receives the documents for review.
(3) A person in pre-trial detention has the right to appeal the judge's decision. He has the right to be tried within a reasonable period of time or to be released on bail.
(4) In all other cases, the person whose liberty is taken away extrajudicially may address a judge at anytime, who shall decide within 48 hours regarding the legality of this action.
(5) Every prisoner has the right to humane treatment and respect for his dignity.

Article 29
(1) No one may be accused or declared guilty of a criminal offense that was not considered as such by law at the time of its commission, with the exception of cases, which at the time of their commission, according to international law, constitute war crimes or crimes against humanity.
(2) No punishment may be given that is more severe than that which was contemplated by law at the time of commission of the criminal offense.
(3) A favorable criminal law has retroactive effect.

Article 30
Everyone is considered innocent if his guilt is not proven by a final judicial decision.

Article 31
During a criminal proceeding, everyone has the right:
a) to be notified immediately and in detail of the accusation made against him and of his rights, as well as to have the possibility created to notify his family or those close to him;
b) to have the time and sufficient facilities to prepare his defense;
c) to have the assistance without payment of a translator, when he does not speak or understand the Albanian language;
d) to be defended by himself or with the assistance of a legal defender chosen by him;
to communicate freely and privately with him, as well as to be assured of free defense when he does not have sufficient means;
e) to question witnesses who are present and to seek the presentation of witnesses, experts and other persons who can clarify the facts.

Article 32
(1) No one may be obliged to testify against himself or his family or to confess his guilt.
(2) No one may be declared guilty on the basis of data collected in an unlawful manner.

Article 33
(1) No one may be denied the right to be heard before being judged.
(2) A person who is hiding from justice may not take advantage of this right.

Article 34
No one may be punished more than one time for the same criminal offense nor be tried again, except for cases when the re-adjudication of the case is decided on by a higher court, in the manner specified by law.

Article 35
(1) No one may be obliged, except when the law requires it, to make public data connected with his person.
(2) The collection, use and making public of data about a person is done only with his consent, except for the cases provided by law.
(3) Everyone has the right to become acquainted with data collected about him, except for the cases provided by law.
(4) Everyone has the right to request the correction or expunging of untrue or incomplete data or data collected in violation of law.

Article 36
The freedom and secrecy of correspondence or other means of communication are guaranteed.

Article 37
(1) The inviolability of the residence is guaranteed.
(2) Searches of a residence, as well as the premises forming part of it, may be done only in the cases and manner provided by law.
(3) No one may be subjected to a personal search outside a criminal proceeding, with the exception of the cases of entry into the territory of the state and the leaving of it, or to avoid an immediate risk that threatens public security.

Article 38
(1) Everyone has the right to choose his place of residence and to move freely to any part of the territory of the state.
(2) Each person may go out of the state freely.

Article 39
(1) No Albanian citizen may be deported from the territory of the state.
(2) Extradition may be permitted only when it is expressly provided in international agreements, to which the Republic of Albania is a party, and only by judicial decision.
(3) The collective expulsion of foreigners is prohibited. The deportation of individuals is permitted under the conditions specified by law.

Article 40
Foreigners have the right of refuge in the Republic of Albania according to law.

Article 41
(1) The freedom, property, and rights recognized in the Constitution and by law may not be infringed without due process.
(2) Everyone, to protect his constitutional and legal rights, freedoms, and interests, or in the case of accusation raised against him, has the right to a fair and public trial, within a reasonable time, by an independent and impartial court specified by law.

Article 42
Everyone has the right to appeal a judicial decision to a higher court, except when the Constitution provides otherwise.

Article 43
Everyone has the right to be rehabilitated and/or indemnified in compliance with law if he is damaged because of an unlawful act, action or failure to act of the state organs.

Chapter III Political Rights and Freedoms

Article 44
(1) Every citizen who has reached the age of 18, even on the date of the elections, has the right to vote.
(2) Citizens who have been declared mentally incompetent by a final court decision do not have the right to vote.
(3) Convicts that are serving a sentence that deprives them of freedom have only the right to elect.
(4) The vote is personal, equal, free and secret.

Article 45
(1) Everyone has the right to organize collectively for any lawful purpose.
(2) The registration of organizations or societies in court is done according to the procedure provided by law.
(3) Organizations or societies that pursue unconstitutional purposes are prohibited in conformity with the law.

Article 46
(1) Freedom of peaceful meetings and without arms, as well the participation in them is guaranteed.
(2) Peaceful meetings in squares and places of public passage are held in conformity with the law.