Legal bases: Albania

 

Chapter V

 

Social Objectives

Article 59

1. The state, within its constitutional powers and the means at its disposal, aims to supplement private initiative and responsibility with:

a) employment under suitable conditions for all persons who are able to work;

b) fulfillment of the housing needs of its citizens;

c) the highest possible standard of health, physical and mental;

d) education and qualification according to ability of children and the young, as well as unemployed persons;

e) a healthy and ecologically adequate environment for the present and future generations;

f) rational exploitation of forests, waters, pastures and other natural resources on the basis of the principle of sustainable development;

g) care and help for the aged, orphans and persons with disabilities;

h) development of sport and of recreation activities;

i) health rehabilitation, specialized education and integration in society of disabled people, as well as continual improvement of their living conditions;

j) protection of national cultural heritage and particular care for the Albanian language.

2. Fulfilment of social objectives may not be claimed directly in court. The law defines the conditions and extent to which the realization of these objectives can be claimed.

Chapter VI

People's Advocate

Article 60

1. The People's Advocate defends the rights, freedoms and lawful interests of individuals from unlawful or improper actions or failures to act of the organs of public administration.

2. The People's Advocate is independent in the exercise of his duties.

3. The People's Advocate has his own budget, which he administers himself. He proposes the budget pursuant to law.

Article 61

 

1. The People's Advocate is elected by three-fifths of all members of the Assembly for a five-year period, with the right of reelection.

2. Any Albanian citizen with higher education, and with recognized knowledge and recognized activity in the field of human rights and law may be the People's Advocate.

3. The People's Advocate enjoys the immunity of a judge of the High Court.

4. The People's Advocate may not take part in any political party, carry on any other political, state or professional activity, nor take part in the management organs of social, economic and commercial organizations.

Article 62

1. The People's Advocate may be discharged only on the reasoned complaint of not less than one-third of the deputies.

2. In this case, the Assembly makes a decision with three-fifths of all its members.

Article 63

1. The People's Advocate presents an annual report before the Assembly.

2. The People's Advocate reports before the Assembly when it is requested of him, and he may;

request the Assembly to hear him on matters he determines important.                 

3. The People's Advocate has the right to make recommendations and to propose measures when he observes violations of human rights and freedoms by the public administration.

4. Public organs and officials are obligated to present to the People's Advocate all documents and information requested by him.

Part Three - The Assembly

Chapter I

Election and Term

 

Article 64

1. The Assembly consists of 140 deputies. One-hundred deputies are elected directly in single-member electoral zones with an approximate number of voters. Forty deputies are elected from the multi-name lists of parties or party coalitions according to their respective order.

2. The total number of deputies of a party or a party coalition shall be, to the closest possible extent, proportional to the valid votes won by them on the national scale in the first round of elections.

3. Parties that receive less than 2.5 per cent, and party coalitions that receive less than 4 per cent, of the valid votes on the national scale in the first round of elections do not benefit from their respective multi-name lists.