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"Constitution of Albania with major changes"/ ISP publishes the data: Future generations have difficulties to understand

2023-12-02 16:02:00, Aktualitet CNA

"Constitution of Albania with major changes"/ ISP publishes the data:

The Institute of Political Studies has made public the data regarding the number of articles amended in the Constitution of Albania.

It is noted that it was amended several times (2007, 2008, 2012, 2015, 2016, 2020 and 2022) and is expected to be amended again in some provisions.

From the data of the ISP, it results that out of 124 articles on the organization of the political and governing system, 35% of them have been changed since 1998, that is, more than a third of the articles.

According to this review, the 2007-2022 changes were made without a referendum, so the "social contract" was changed by one party, but Albania fully fulfills the formal framework of the rule of law.

It is also said that future generations will have difficulty understanding the changes.

Full post from the Institute of Political Studies:

Constitution 1998-2023? It was approved by Referendum (the first and only one in the history of the state), but the political opposition boycotted the process. It was amended several times (2007, 2008, 2012, 2015, 2016, 2020 and 2022) and is expected to be amended again in some provisions. The principle of politics? We have a problem, let's solve it not by changing ourselves but the Constitution. As a result, from the data of the ISP it results that out of 124 articles on the organization of the political and governing system, 35% of them have been changed since 1998, that is, more than a third of the articles. In the formal aspect, according to the data of the staff of the Institute for Political Studies (ISP), it turns out that 10 articles and over 9,000 words have been added to the Constitution, making it one of the Constitutions with the most changes in SEE and more wide.

The 1998 constitution was a necessary emergency solution, a mix of the political will/interest of the moment, the still fragile knowledge of constitutionalism in Albania and technical consultancy from the Venice Commission. It did not attempt a strategic and long-term approach on Albania of the new century, the political system, challenges and expectations, but was mainly a short-term product, nevertheless the most important document since 1928.

Interventions? Future generations will have difficulty understanding them, but we have intervened in the Constitution to change the number of members in the CEC, then to remove the CEC from the Constitution altogether, to prohibit individuals with criminal records from being members of parliament. high functionaries, to postpone the mandate of KPK/KPA, to stop pre-electoral coalitions or other daily, non-strategic issues. The only strategic change was the justice reform, - also reflected in the Constitution with avoidable and some unnecessary details and procedures.

Anyway, Albania has a Constitution and this is good news. The 2007-2022 changes were made without a referendum, so the "social contract" was changed by one party, but Albania fulfills the formal framework of the rule of law in its entirety. Livelihood? Real standards? It's a long way. ISP monitoring shows that the very fact that the 25th anniversary of the Constitution was spent with political speeches (even by the MD and any of the independent institutions/experts), that the parliament is in crisis and there is a big constitutional debate on the control functions of the parliament, - it is indicative that the standard of the rule of law in Albania remains fragile, the constitutional culture is much more fragile, the constitutional impact is still minor and the challenges for the future are multiple./ CNA

"Constitution of Albania with major changes"/ ISP publishes the data: