Part Five of the Albanian Constitution

Albania

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The Part Five (Part V) to the Constitution of Albania is the fifth of eighteen parts.[1] The name of the part is The Council of Ministers.[1]

Contents

The Council of Ministers

Part five is divided into 13 articles.[1]

Article 95

  1. The Council of Ministers consists of the Prime Minister, deputy prime minister, and ministers.
  2. The Council of Ministers exercises every state function that is not given to other organs of state power or to local government.

Meaning

  1. The Cabinet of Albania consists of the Prime Minister, deputy prime minister, and ministers.
  2. The Cabinet of Albania is risponsibel for everything by organs of state power or to local government.

Article 96

  1. The President of the Republic, at the beginning of a legislature, as well as when the position of Prime Minister remains vacant, appoints the Prime Minister on the proposal of the party or coalition of parties that has the majority of seats in the Assembly.
  2. If the Prime Minister appointed is not approved by the Assembly, the President appoints a new Prime Minister within 10 days.
  3. If even the newly appointed Prime Minister is not approved by the Assembly, the Assembly elects another Prime

Minister within 10 days. In this case, the President appoints the new Prime Minister. #If the Assembly fails to elect a new Prime Minister, the President of the Republic dissolves the Assembly.

Article 97

The Prime Minister appointed according to article 96, article 104 or article 105 presents to the Assembly for approval, within 10 days, the policy program of the Council of Ministers together with its composition.

Article 98

  1. A minister is appointed and dismissed by the President of the Republic, on the proposal of the Prime Minister, within 7 days.
  2. The decree is reviewed by the Assembly within 10 days.

Article 99

Before beginning duties, the Prime Minister, deputy prime minister, and ministers swear before the President of the Republic.

Article 100

  1. The Council of Ministers defines the principal directions of the general state policy.
  2. The Council of Ministers takes decisions upon the proposal of the Prime Minister or the respective minister.
  3. Meetings of the Council of Ministers are closed.
  4. Acts of the Council of Ministers are valid when signed by the Prime Minister and the proposing minister.
  5. The Council of Ministers issues decisions and instructions.

Article 101

The Council of Ministers, in cases of necessity and emergency, may issue, under its responsibility, normative acts having the force of law for taking temporary measures. These normative acts are immediately submitted to the Assembly, which is convened within 5 days if it is not in session. These acts lose force retroactively if they are not approved by the Assembly within 45 days.

Article 102

  1. The Prime Minister:
a) represents the Council of Ministers and chairs its meetings;
b) outlines and presents the principal directions of general state policy and is responsible for them;
c) assures the implementation of legislation and policies approved by the Council of Ministers;
d) coordinates and supervises the work of the members of the Council of Minister and other institutions of the central state administration;
e) performs other duties prescribed in the Constitution and the laws.
  1. The Prime Minister resolves disagreements between ministers.
  2. The Prime Minister, in the exercise of his powers, issues orders.
  3. The minister, within the principal directions of general state policy, directs, under his responsibility, actions for which he has powers. The minister, in the exercise of his powers, issues orders and instructions.

Article 103

  1. Anyone who has the capacity to be a deputy may be appointed a minister.
  2. A minister may not exercise any other state function nor be a director or member of the organs of for-profit companies.
  3. Members of the Council of Ministers enjoy the immunity of a deputy.

Article 104

  1. If a motion of confidence presented by the Prime Minister is refused by a majority of all the members of the Assembly, the Assembly elects another Prime Minister within 15 days. In this case, the President appoints the new Prime Minister.
  2. When the Assembly does not succeed in electing a new Prime Minister, the President of the Republic dissolves the Assembly.
  3. The vote for the motion cannot be done if three days have not passed from the day it was presented.

Article 105

  1. In cases where a motion of no confidence presented by one-fifth of the members of the Assembly is approved

by the majority of all its members, the Assembly elects another Prime Minister within 15 days. In this case, the President appoints the new Prime Minister.

  1. When the Assembly fails to elect the new Prime Minister, the President of the Republic dissolves the

Assembly.

  1. The vote for the motion cannot be done if three days have not passed from the day it was presented.

Article 106

The Prime Minister and the ministers are obligated to stay on duty until the appointment of the new Council of Ministers.

Article 107

  1. Public employees apply the law and are in the service of the people.
  2. Employees in the public administration are selected through examinations, except when the law provides otherwise.
  3. Guarantees of tenure and legal treatment of public employees are regulated by law.

References

  1. ^ a b c "Albanian Constitution". Albanian State. http://www.km.gov.al/skedaret/1231927768-Constitution%20of%20the%20Republic%20of%20Albania.pdf.