From Albania Today, 1976, 1
Documents
The special commission of the People's Assembly of the People's Republic of Albania, headed by the First Secretary of the Central Committee of the PLA comrade Enver Hoxha, on the basis of the guide lines of the 6th Congress of the PLA and the 8th Plenum of the Central Committee of the PLA, prepared the draft of the new constitution of the PR of Albania, which we are publishing in full in the present issue. This draft, published in all the organs of the central press as well as in a special pamphlet in tens of thousands of copies, is now being broadly discussed by the broad working masses in all parts of the country. After the remarks and suggestions it will be presented to the People's Assembly for final approval.
Throughout the thousands of years of their history, the Albanian people have defended their existence as a people and nation in struggle against their external and internal enemies, have fought for national freedom and independence, for their native land and mother tongue, for their livelihood and social justice. After centuries of bondage, they achieved the first victory with the creation of the independent Albanian national state in 1912.
The national democratic and revolutionary movement was given a new impulse and content with the triumph of the great October Socialist Revolution and with the spread of communist ideas, which marked a decisive turning point for the future of all the peoples of the world.
In the grave conditions of fascist and Nazi occupation, and betrayed by the ruling classes, the Albanian people, under the leadership of the Communist Party of Albania (today, the Party of Labour), united in the National Liberation Front, rose to their feet, and arms in hand hurled themselves into the greatest war of their history for national and social liberation, In the fire of the war for freedom and on the ruins of the old state power, the new Albanian state of people's democracy emerged.
On November 29, 1944 Albania won genuine independence and the Albanian people took their fate into their own hands. The people's revolution triumphed and a new epoch, the epoch of socialism, opened.
In the conditions of the people's state power, under the leadership of the working class and its Party, great social-economic changes were carried out, which were outlined by the first Constitution of the Albanian socialist state. The domination by foreign capital and plunder of the country's riches was ended. The capitalists and the big landed proprietors were expropriated and the main means of production passed on to the hands of the people. The way was opened for the socialist industrialisation of the country. The Land Reform gave the land to those who till, and the collectivisation of agriculture set the countryside on the road to socialism.
Social ownership over the means of production and the single system of socialist economy, which prevails in town and countryside, replaced the private ownership and the multiform economy. The exploiting classes and the exploitation of man by man were liquidated. The entire social development proceeds consciously, according to plan, and in the interest of the people.
In socialist Albania, the working class is the leading class of the state and the society. New relations of mutual assistance and cooperation have been established between the two friendly classes of our society, the working class and the cooperativist peasantry, as well as the stratum of the people's intelligentsia. The work readily contributed by free people has become the decisive factor in the flourishing of the socialist homeland, in raising the general and individual wellbeing. Albania overcame its age-old backwardness and has been transformed into a country with advanced industry and agriculture.
The vital forces of the people were freed and their inexhaustible creative energies burst out. The Albanian woman emerged from darkness became a great social force and is advancing towards her complete emancipation. Education and culture have become the property of the broad masses of the people and science and knowledge have been placed at the service of society. The foundations of religious obscurantism were: toppled. The moral figure of the working man, his consciousness and world outlook are moulded under the influence of the proletarian ideology, which has become the dominant ideology.
Socialism has shown its absolute superiority over the old exploiting order.
Albania has entered the state of complete construction of socialist society. The great historic changes have created new conditions for the continuous advance of the revolution and socialist construction.
The development of the class struggle in favour of socialism, the continuous strengthening of the state of the dictatorship of the proletariat and the deepening of socialist democracy, the development of the productive forces and the perfecting of socialist relations of: production, the steady raising of the wellbeing of the working masses, the gradual narrowing of distinctions between industry and agriculture, town and country, mental and physical labour, the affirmation of the personality of man within socialist collectivity, the mastering of contemporary technology and science, the continuous revolutionisation of the entire life of the country, are the main ways through which socialist society is growing stronger and advancing.
The Albanian people are determined to defend their national independence, the people's state power and their socialist victories against any enemy. Socialist Albania is always an active factor in the struggle for national social liberation, for peace, freedom and the rights of all the peoples against imperialism, reaction, and revisionism. In its foreign policy it is guided by the great ideals of socialism and communism and fights for their triumph the world over.
The Albanian \ people have found constant inspiration in the great doctrine of Marxism-Leninism, under the banner of which, united round the Party of Labour and under its leadership, they are carrying forward the construction of socialist society to pass over, later, gradually to communist society.
First Chapter
Art. 1
Albania is a People's Socialist Republic.
Art. 2
The People's Socialist Republic of Albania is a state of the dictatorship of the proletariat, which expresses and defends the interests of all the working people.
The People's Socialist Republic of Albania is based on the unity of the people and it has at its foundation the alliance of the working class with cooperativist peasantry under the leadership of the working class.
Art. 3
The Party of Labour of Albania, the vanguard of the working class, is the sole leading political force of the state and of the society.
In the People's Socialist Republic of Albania the dominant ideology is Marxism-Leninism. The entire socialist social order is developed on the basis of its principles.
Art. 4
The People's Socialist Republic of Albania unceasingly develops the revolution by adhering to the class struggle and aims at ensuring the final victory of the socialist road over the capitalist road, at achieving the complete construction of socialism and communism.
Art. 5
All state power in the People's Socialist Republic of Albania derives from and belongs to the working people.
The working class, the cooperativist peasantry and the other working people, exercise their state power through the representative organs as well as directly.
The representative organs are the People's Assembly and the people's councils.
No other body besides the organs expressly defined in this constitution can exercise the sovereignty of the people and any of their attributes in the People's Socialist Republic of Albania or in its name.
Art. 6
All state organs carry out their activity under the direction and control of the representative organs, are responsible to them and render accounts to them.
Art. 7
In all their work, the representative organs and other state organs, rely on the creative initiative of the working people and social organisations, draw them into running the country, and render accounts before the people.
Art. 8
The representative organs are elected by the people through universal suffrage with equal, direct and secret voting.
The electors have the right to recall their representatives at any time when he has lost their political trust, when he does not fulfil the tasks he is charged with, or when he acts in contravention of the laws.
The organisation and procedure of the elections are regulated by special law.
Art. 9
Officials serve the people, participate directly in work in production and are paid salaries in fair ratio with those of the workers and cooperativists with the aim of preventing the creation of a privileged stratum. The pay ratio is set by law.
Art. 10
The working class, as the leading class of the society, as well as the other working masses, exercise direct and organized control over the activity of state organs, economic and social organisations and their workers, for the purpose of defending the victories of the revolution and strengthening the socialist order.
Art. 11
The political and economic life in the People's Socialist Republic of Albania proceeds by combining the centralized management with the self-action of local organs and with the creative initiative of the working masses, in struggle against bureaucracy and liberalism.
Art. 12
It is the duty of the state organs, enterprises, institutions, organisations, state representatives, and officials in their activity, to respect and carry out the constitution and its laws, which express the will of the working class and the other working masses.
Art. 13
The state cooperates with the social organisations and creates conditions for the development of their activity.
The social organisations unite the masses and broad strata of the people, draw them, in an organized way, into the socialist construction and the running of the country, work for their communist education and take care of their individual problems.
Art. 14
The People's Socialist Republic of Albania, follows the policy of friendship, collaboration and mutual assistance with the socialist states on the basis of Marxism-Leninism and proletarian internationalism, supports the revolutionary movement of the working class and the struggle of the people for freedom, independence and social progress.
The People's Socialist Republic of Albania stands for peace and good neighbourliness, for relations with all states on the basis of equality, respect for sovereignty and non-interference in internal affairs and mutual benefit.
The People's Socialist Republic of Albania opposes any form of imperialist aggression, colonial exploitation, tutelage, dictate and hegemony, national oppression and racial discrimination. It upholds the principle of self-determination of the peoples, the exercise of full national sovereignty and equality of all countries in international relations.
Art. 15
The economy of the People's Socialist Republic of Albania is a socialist economy which is based on the socialist ownership of the means of production.
In the People's Socialist Republic of Albania there are no exploiting classes, private property and the exploitation of man by man have been liquidated and are forbidden.
Art. 16
The socialist property is the inviolable basis of the socialist order, the source of the wellbeing of the people and of the might of the homeland, it has special protection from the state.
Socialist property in the means of production is comprised of the stale property and the cooperativist property in agriculture.
Art. 17
State property belongs to the whole people and is the highest form of socialist property.
The following are property of the state alone: the land and underground riches, the mines, forests, pastures, waters, natural energy resources, the plants, factories, machine and tractor stations, the state farms, the banks, the roads of communication and means of rail, water, and air transport, post, telegraph, telephone offices, radio and tv stations, cinematography.
Any other wealth created on the basis of state property or which the state gains according to law, is also state property.
Art. 18
Foreign trade is a state monopoly. Domestic trade is mainly carried out by the state, which controls every activity in this field.
Art. 19
Land is granted free of charge for social use to the economic enterprises and state institutions, to the agricultural cooperatives and social organisations and for the individual use of special citizens.
Farm land may be used for other purposes only with the consent of the respective state organs.
Art. 20
Protection of the land, natural riches, waters and the atmosphere from damage and pollution is a duty of the state, of the economic and social organisations, and of all the citizens.
Art. 21
Cooperativist property belongs to the group of working people of the countryside, voluntarily united in the agricultural cooperative for the purpose of increasing production and wellbeing, for the construction of socialism in the countryside and throughout the country.
Buildings, machines, equipment, means of transport, tools and implements, live-stock for work or production, fruit-trees, agricultural and live-stock products, as well as other means necessary for the activity of the agricultural cooperative, make up its property.
Art. 22
The state supports the promotion and strengthening of the agricultural cooperatives, their transformation into modern economies; of large-scale socialist production.
Under certain circumstances, the state supports the setting up and development of highest type cooperatives in which it participates directly with investments, especially in the main means of production, becoming co-owner with them.
The transition of the cooperativist property into property of the entire people is done in conformity with the objective conditions, according to the free will of the cooperativists and with the approval of the state.
The state works for the narrowing of the distinctions between town and country.
Art. 23
The personal property of the citizens is recognized and protected by the state.
Personal property are: income from work and other lawful sources, dwelling houses and other objects which serve to meet personal and family material and cultural needs.
The objects belonging to the cooperativist family on the basis of the constitution of the agricultural cooperatives are also personal property.
Personal property cannot be used to the detriment of social interest.
Art. 24
When the general interest requires it, certain fixed assets of the cooperativist or personal property may be converted into state property.
The criteria of conversion and the method of payment arefixed by law.
Art. 25
The state organizes, manages, and develops all the economic and social life by a unified general plan in order to meet the growing material and cultural needs of the society, to strengthen the country's independence and defence, constantly increasing and improving socialist production on the basis of advanced technology.
Art. 26
The development of the economy and the whole construction of socialism inthe People's Socialist Republic of Albania is based mainly on self-reliance, as well as on the internationalist aid of other socialist countries.
The granting of concessions to, and the creation of foreign economic and financial companies and other institutions or ones formed jointly with bourgeois and revisionist capitalist monopolies and states, as well as obtaining credits from them, are prohibited in the People's Socialist Republic of Albania.
Art. 27
For the administration of means which are property of the whole people, the state creates economic enterprises which conduct their activity guided by the general interests of the society expressed in the state plan.
The enterprises operate on the basis of the principle of covering their expenditure with their incomes and ensuring accumulation for themselves and for society.
The amount of accumulation, its distribution and use is regulated by the state in a centralized manner.
Art. 28
The selling prices of the products of the state enterprises as well as the prices for state purchase of agricultural products are fixed by the state.
Art. 29
Work is the foundation of the entire economic-social life of the country. Work constitutes the main source from which every citizen ensures the means of livelihood.
The state aims at narrowing the differences between mental and physical labour, between work in industry and work in agriculture.
The state takes care of and adopts measures for job protection and the qualification of the working people.
Art. 30
In the People's Socialist Republic of Albania the socialist principle "from each according to his ability, to each according to his work" is implemented. Equal pay is guaranteed for equal work.
The use of material stimuli is combined correctly with moral stimuli to encourage work for the maximum results giving priority to moral stimuli.
The fund of social consumption for the fulfilment of the common needs of the citizens is increased continually in accordance with the possibilities created by the development of the country's economy.
The state exercises control over the amount of work and consumption.
Art. 31
The citizens pay no levies or taxes whatsoever.
Art. 32
The state carries out extensive ideological and cultural activity for the communist education of the working people, for the moulding of the new man.
The state takes special care of the all-round development and education of the younger generation in the spirit of socialism and communism.
Art. 33
Education in the People's Socialist Republic of Albania follows the best traditions of the Albanian national secular school.
Education is organized and run by the state, is open to all and free of charge, it is built on the basis of the Marxist-Leninist world outlook and combines lessons with physical work and physical and military training.
Art. 34
The slate organizes and directs the development of science and technology in close connection with life and production, in the service of the progress of society and defence of the homeland.
The state supports the dissemination of scientific knowledge among the masses and drawing them extensively into scientific research activity.
Art. 35
The state protects the cultural heritage of the people and cares for the all-round development of the socialist national culture.
The state supports the development of literature and arts according to the method of socialist realism. Literature and art uphold the ideals of socialism and communism and are permeated by the national and people's spirit.
Physical culture and sports are supported by the state.
Art. 36
The state recognizes no religion whatever and supports and develops atheist propaganda for the purpose of implanting the scientific materialist world outlook in people.
Art. 37
Citizens of the People's Socialist Republic of Albania are those who have Albanian citizenship according to the law.
Art. 38
The rights and duties of citizens are built on the basis of the reconciliation of the interests of the individual and the socialist society, giving priority to the general interest.
The rights of the citizens are inseparable from the fulfilment of their duties and cannot be exercised in opposition to the socialist order.
The further extension and deepening of the rights of citizens are closely linked with the socialist development of the country.
Art. 39
All citizens are equal before the law.
No restriction or privilege is recognized on the rights and duties of citizens on account of sex, race, nationality, education, social position, and material situation.
Art. 40
Protection and development of their culture and folk traditions, the use of their mother tongue and teaching of it in school, equal development in all fields of social life are guaranteed for national minorities.
Any national privilege and inequality and any act which violates the right of national minorities is contrary to the constitution and is punishable by law.
Art. 41
Citizens who reach the age of 18 years have the right to elect and to be elected to all the organs of state power. The only persons excluded from electoral rights are those deprived of them by the court and those who are mentally incompetent and declared as such by court.
Art. 42
In the People's Socialist Republic of Albania citizens have the right to work, which is guaranteed by the State.
Work is a duty and honour for every able bodied citizens.
Citizens have the right to choose and exercise their profession according to their capacity and personal inclination, and in accordance with the needs of the society.
Art. 43
Citizens enjoy the right of rest after work. The working day and working week and the paid annual holiday are regulated by law.
Rest homes, houses of culture and other centres of this kind are created and are put in service of the working people.
Art. 44
Citizens of town and country are guaranteed the necessary material means of livelihood in old age, in case of illness or loss of ability to work.
The State takes under special care the invalids of the National Liberation War, of the struggle in defence of the homeland and invalids from work, and creates the conditions for their rehabilitation.
The young children of those fallen in defence of the country and the socialist construction are under the care of the State.
Art. 45
The State guarantees to citizens the necessary medical services as well as medical treatment in the health centres of the country free of charge.
Art. 46
The woman, liberated by the people's revolution from political oppression and economic exploitation, takes an active part in the socialist construction of the country and the defence o£ the homeland.
The woman enjoys equal rights with man in work, pay, holidays, social security, education, in all social-political activity, as well as in family.
Art. 47
Mother and child enjoy special solicitude and protection. A mother is entitled to paid leave prior to and after childbirth. The! State opens maternity homes and creches and kindergartens for the children.
Art. 48
Marriage and the family are under the care and protection of the State and society.
Marriage is contracted before competent state organs.
The parents are responsible for the upbringing and communist education of the children.
The children are duty bound to care for parents who are disabled and lack the necessary means of livelihood.
Children born out of wedlock have the same rights and duties as children born within marriage.
The children bereaved of their parents and without support are brought up and educated by the state.
Art. 49
Citizens enjoy the right to personal property. The right of inheritance is regulated by law.
Art. 50
The State guarantees the freedom of scientific work and artistic creativeness.
Author's rights are protected by law.
Art. 51
Citizens have the right to education.
8-grade education is universal and compulsory. The State aims at raising the level of compulsory education for everybody.
Art. 52
Citizens enjoy the freedom of speech, organization, association, assembly and public manifestation.
The State guarantees the realization of these freedoms, it creates the conditions for them, and puts the necessary material means at their disposal.
Art. 53
The right to join various organizations which operate in the political, economic, cultural as well as in any other fields of the country's life, is guaranteed to the citizens.
Art. 54
The creation of any type of organization of a fascist, antidemocratic, religious, and anti-socialist character is prohibited.
Fascist, anti-democratic, religious, warmongering, and anti-socialist activities and propaganda are prohibited as well as the incitement of national and racial hatred.
Art. 55
The State guarantees the inviolability of the person.
Nobody can be arrested without the decision of the court or the approval of the prosecutor. In special cases, the competent organs can detain a person for a maximum of 3 days.
Nobody can be sentenced penally without the verdict of the court or for an act which is not envisaged by the law as a crime.
Nobody can be sentenced without being present at court apart from when it has been legally proved that he is missing.
Nobody can be interned or expelled except in special cases envisaged by the law.
Art. 56
The house is inviolable. No one is permitted to enter another person's house without the approval of the respective person, apart from representatives of the competent state organs and under the conditions defined by law.
Art. 57
The secrecy of correspondence and other means o£ communication cannot be violated, except in the cases of the investigation of a crime, a state of emergency, or of war.
Art. 58
Citizens enjoy the right to make requests, complaints, remarks and proposals to the competent organs over personal, social, and state affairs.
According to the conditions defined by law, citizens have the right to demand compensation from the State or its officials for the damage caused by the illegal activities of the state organs and its employees in the exercise of their duty.
Art. 59
The citizens are obliged to respect and implement the Constitution and other laws.
The preservation and strengthening of the socialist order and the implementation of the rules of socialist coexistence are a duty for all the citizens.
Art. 60
Citizens have the duty to protect and strengthen socialist property.
Violation of socialist property constitutes a grave crime.
Art. 61
The defence of the socialist homeland is the supreme duty and the greatest honour for all citizens.
Betrayal of the: homeland is the most serious crime.
Art. 62
Military service and the constant training for the defence of the socialist homeland are duties for all the citizens.
Art. 63
Albanian citizens abroad enjoy the care and are under the protection of the State.
Art. 64
The right of sanctuary in the People's Socialist Republic of Albania can be granted to foreign citizens who are persecuted on account of their activity in favour of the revolution and socialism, o£ democracy and national liberation, or the progress of science and culture.
Chapter I
Art. 65
The People's Assembly is the supreme organ of State power, the bearer of the sovereignty of the people and the State and the sole law-making organ.
Art. 66
The People's Assembly has the following main competences:
it defines, in conformity with the general line and the orientations of the Party of Labour of Albania, the main directions of the internal and external policies of the State;
it approves and amends the Constitution and the laws, decides on the conformity of the laws with the Constitution, and interprets the laws;
it approves the plan for the economic and cultural development of the country and the state budget;
it proclaims partial and general mobilization, the state of emergency as well as the state of war in case of armed aggression against the People's Socialist Republic of Albania, or when this is necessary to fulfil the obligations deriving from international treaties;
it ratifies and denounces international treaties of special importance, as well as those which give rise to changes in the laws in power;
it grants amnesty;
it decides on popular referendums;
it elects, appoints, and dismisses the Presidium of the People's Assembly, the Council of Ministers, the Supreme Court, the Attorney General and his deputies. These organs are responsible to the People's Assembly and render account to it;
it defines the administrative territorial units;
it decides on the creation or dissolving of ministries.
Art. 67
The People's Assembly is comprised of 250 deputies who are elected in constituencies with an equal number of inhabitants.
The elections to the People's Assembly are held not later than three months from the day its mandate ends.
The People's Assembly holds its first session not later than two months from the day of its election.
Art. 68
The People's Assembly is elected for a term of 4 years.
In case of war or in similar state of emergency, the People's Assembly may continue its activity beyond the normal term as long as the state of emergency continues.
In special instances, the People's Assembly may decide its dissolution before the completion of the term for which it has been elected.
Art. 69
The People's Assembly elects its Presidential Council which presides over meetings according to the rules.
Art. 70
The People's Assembly meets in normal session twice per year.
The People's Assembly may be summoned in extraordinary session by decision of the Presidium of the People's Assembly or at the request of one third of the deputies.
The meetings of the People's Assembly open when the majority of the deputies are present.
Art. 71
The laws and other acts of the People's Assembly are considered approved when the majority of the deputies present have voted for them.
The laws are proclaimed not later than 15 days after their approval and enter into force 15 days after their proclamation apart from occasions when they themselves envisage otherwise.
Art. 72
At its first meeting the People's Assembly elects a Commission for the examination of the mandates of the deputies. At the proposal of this Commission the People's Assembly confirms or annuls the mandates of the deputies.
Art. 73
The People's Assembly elects from its ranks permanent and temporary commissions comprised of deputies.
The permanent commissions have the duty of observing and controlling the activity of the state organs according to their respective sectors and of presenting problems to the People's Assembly or the Presidium of the People's Assembly. The temporary commissions are created for special questions.
Art. 74
It is the duty of the deputy to the People's Assembly to serve the interests of the people, the cause o£ the homeland and socialism conscientiously and loyally, to maintain close contact with his electors, and render account to them.
The deputy to the People's Assembly has the right to require explanations from all the State organs and to intervene with them for the precise implementation of the Constitution and laws.
The state organs are obliged to examine the requests and proposals by the deputies and to reply to them within defined regulations.
Art. 75
The deputy to the People's Assembly enjoys immunity.
The deputy cannot be detained, arrested or suffer penal punishment without the approval of the People's Assembly or the Presidium of the People's Assembly, apart from cases in which a grave crime has obviously been committed.
Art. 76
The right to initiate legislation belongs to the Presidium of the People's Assembly, to the Council of Ministers, and the deputies.
Art. 77
The Presidium of the People's Assembly is a superior organ of the State power with permanent activity.
The Presidium of the People's Assembly is comprised of the president, 3 vice-presidents, the secretary and 10 members.
Art. 78
The Presidium of the People's Assembly is elected from the ranks of the People's Assembly in its first session and it continues its activity till the election of a new Presidium,
Decisions of the Presidium of the People's Assembly are taken on a majority of votes when a majority of its members is present.
Art. 79
The Presidium of the People's Assembly has these main permanent competences:
it convenes the sessions of the People's Assembly;
it sets the date of the elections to the People's Assembly and to the people's councils;
it awards decorations and titles of honour;
it accords or divests Albanian citizenship and accepts the renunciation of it;
it exercises the right of pardon;
it defines the territorial-administrative divisions;
it enters into, ratifies, and denounces the international treaties within its competences;
onthe proposal of the Council of Ministers it appoints or dismisses diplomatic representatives;
it accepts the credentials and the letters of recall of the diplomatic representatives of foreign states;
it proclaims the laws and referendums decided by the People's Assembly,
Art. 80
Between sessions of the People's Assembly, the Presidium of the People's Assembly exercises these competences;
it controls the implementation of the laws and decisions of the People's Assembly;
it controls the Council of Ministers, the Supreme Court, the Attorney General and any other state organ, and summons them to report;
it appoints or dismisses individual ministers on proposal of the Chairman of the Council of Ministers, it appoints or dismisses individual members or the Vice-Presidents of the Supreme Court and the deputies of the Attorney General. In each case the decrees for their appointment or dismissal must be approved by the People's Assembly;
When the convening of the People's Assembly is impossible, it proclaims partial or general mobilization, the state of emergency, as well as the state of war in case of armed aggression against the People's Socialist Republic of Albania, or when this is necessary to fulfil the obligations deriving from international treaties;
it issues decrees of a normative character which it presents for approval to the People's Assembly in its next session;
it makes interpretations of laws and presents them for approval to the People's Assembly in its next session.
Art. 81
The Presidium of the People's Assembly may disband people's councils, appoint the respective provisional executive committees, as well as decide on the election of a new people's council.
The Presidium of the People's Assembly abrogates the unlawful or irregular acts of the Council of Ministers, of the people's councils and of the executive committees.
Chapter II
Art. 82
The Council of Ministers is the supreme executive and administrative organ.
It comprises the Chairman, the Vice-Chairmen and the Ministers.
The Ministers are appointed, as a rule, from among the deputies to the People's Assembly.
Art. 83
The Council of Ministers is appointed by the first session of the People's Assembly.
The decisions of the Council of Ministers are taken on the majority of votes, when the majority of its members is present.
Art. 84
The Council of Ministers has the following main competences:
it directs the activity for the realization of the internal and external policies of the State,
it promulgates decisions and ordinances on the basis of the Constitution and the laws and for their implementation;
it directs and controls the activity of the ministries, other central organs of state administration, and the executive committees of the people's councils, and defines their internal organization;
it works out the draft plan for the economic and cultural development of the country, the state draft-budget, it organizes and controls their implementation, it directs and organizes the monetary and financial system of the State;
it directs the activity for the fulfilment of duties in the field of the defence of the country, in conformity with the decisions of the Defence Council;
it takes measures for the security, protection, and strengthening of the socialist juridical order and the rights of citizens;
it enters into, approves and denounces, treaties or other international agreements within its competences.
Art. 85
The Council of Ministers abrogates the unlawful or irregular acts of the ministers and other central organs of the State administration and of executive committees of the People's Councils.
The Council of Ministers suspends the implementation of unlawful or irregular decisions of the people's councils and presents the question of their abrogation to the higher people's council, or to the Presidium of the People's Assembly.
Art. 86
The Presidium of the Council of Ministers comprises the Chairman and the Vice-chairmen of the Council of Ministers.
The Presidium of the Council of Ministers supervises, controls and takes decisions on the implementation of the duties allocated by the Council of Ministers,
The Chairman of the Council of Ministers represents the Council of Ministers, presides over the meetings and directs its activity. .
Art. 87
The ministries are central organs of the State administration, specialized in particular branches of activity, which are directed by members of the Council of Ministers.
Art. 88
The ministers are responsible for the activity of their respective ministries and of the Council of Ministers, they help, control the organs, enterprises, institutions and organizations dependent on them.
On matters within their competences, the ministers issue orders and instructions according to the laws, ordinances and decisions of the Council of Ministers, and for their implementation.
Art. 89
The ministers abrogate the unlawful or irregular ordinances and orientations by the organs, enterprises or institutions dependent on them and suspend the application of the unlawful or irregular decisions of the executive committees of the people's councils, which have to do with their respective spheres of activity, presenting the question of their abrogation to the Council of Ministers.
Chapter III
Art. 90
The State safeguards the victories of the people's revolution and the socialist construction, defends the freedom, national independence and territorial integrity of the country.
The territory of the People's Socialist Republic of Albania is inalienable and its borders are inviolable.
Art. 91
The defence of the homeland and of the victories of socialism are ensured by the armed people, organized in the armed forces, which comprise the People's Army, the forces of the Ministry of Internal Affairs and the Voluntary Forces of People's Self-defence.
The People's Army, as the main force defending the homeland, is the army of the people and serves the people.
The armed forces are led by the Party of Labour of Albania.
Art. 92
The Defence Council is created to direct, organize and mobilize all the forces and resources of the country in defence of the homeland.
The First Secretary of the Central Committee of the Party of Labour of Albania is the Commander-in-chief of the armed forces and Chairman of the Defence Council.
The composition of the Defence Council is defined by the Presidium of the People's Assembly on the proposal of the Chairman of the Defence Council.
Art. 93
No one has the right to sign or accept, in the name of the People's Socialist Republic of Albania, the capitulation or occupation of the country. Such an act is condemned as treason to the country.
Art. 94
The stationing of foreign military bases and troops in the territory of the People's Socialist Republic of Albania is prohibited.
Chapter IV
Art. 95
The people's councils are organs of the state power, which carry out the governing of the country in the territorial administrative units, with the broad participation of the working masses,
The people's councils direct the entire social life in the political, economic, social-cultural fields, as well as the defence of the country and the protection of the socialist juridical order reconciling the local interests with the general state interests.
The people's councils are elected for a term of three years.
Art. 96
The people's council adopts the plan and the local budget, from its members it elects the executive committee and the commissions of the council and may discharge them, it directs, helps and controls the activity of the people's councils at lower levels. It issues ordinances and decisions within its competences.
Art. 97
The meetings of the people's council open when the majority of its members is present
The decisions of the People's Council are taken on the majority of the members present
Art. 98
A higher people's council may dissolve a lower level people's council, appoints the provisional executive committee and decides on the elections for a new people's council.
A higher people's council may dismiss the executive committee of a lower level people's council and order a new election.
Art. 99
The people's council abrogates the unlawful or irregular acts of its executive committee, of the lower level people's council and the respective executive committee.
Art. 100
It is the duty of the members of the people's council to serve the people conscientiously and loyally, to maintain close ties with the electors and render account to them. They have the right to control the state organs, enterprises, institutions and agricultural cooperatives and demand from them the precise implementation of the socialist law.
The respective state organs are obliged to examine the remarks of the members of the people's councils and take the necessary measures.
The members of the people's councils enjoy immunity within the territorial unit under the administration of the people's council. They cannot be detained, arrested or subjected to penal prosecution without the consent of the people's council or the executive committee, except in cases when a grave crime has obviously been committed.
Art. 101
The executive committee is the executive and administrative organ of the people's council.
The: executive committee continues its activity even after expiration of the mandate of the people's council which has elected it, until the first meeting of the new People's Council.
Art. 102
Between sessions of the people's council, the executive committee exercises the rights and duties of the people's council, with the exception of those which by law come within the competence of the people's council alone.
The executive committee renders account to the people's council about its activity, presents its most important decisions for approval and reports on the implementation of decisions of the people's council.
Art. 103
The executive committee of the people's council is dependent on the people's council which has elected it and the next higher administrative and executive organ.
The executive committee of a higher people's council abrogates the unlawful and irregular acts of a lower level executive committee and suspends those of the lower level people's council, presenting the question of their abrogation to the competent people's council.
Art. 104
The specialized organs created under the executive committees are dependent on the people's council, its executive committees, and the higher organs of the state administration, they render accounts to them and to the masses of working people.
Chapter V
Art. 105
The people's courts are the organs which administer justice.
The courts protect the socialist juridical order, fight for prevention of crimes, educate the masses of working people to respect and implement socialist law, relying on their active participation.
At the head of the organs of justice is the Supreme Court, which directs and controls the activity of the courts. The people's courts are elected by the people, according to the method defined by law.
Court organization and trial procedure are defined by law.
Art. 106
The courts judge penal and civil cases and other cases which are within their competence according to the law.
The trial takes place with the participation of assistant judges and in public sittings, with the exception of cases when it has been decided otherwise by law.
During the trial the Albanian language is used. Persons who do not know Albanian may use their own language and speak through an interpreter.
The accused enjoys the right of defence.
Art. 107
The court is independent in its judgment of a case, it takes its decision on the basis of the law alone, and it pronounces its verdict in the name of the people.
The verdict may be annulled or amended only by the competent higher court.
Chapter VI
Art. 108
The duty of the Attorney General's Office is to control the precise and uniform implementation of the laws by the ministries and other central and local organs, by the courts, the organs of investigation, enterprises, institutions, organizations, officials and citizens.
The Attorney General has the right to protest against every illegal act and to demand from the respective organs its abrogation or amendment. The request of the Attorney General must be discussed within the period defined by law, otherwise the implementation of the act is suspended.
Art. 109
The Attorney General puts before the People's Assembly and before the Presidium of the People's Assembly cases in which the laws and decrees are not in conformity with the Constitution and it also puts before the Council of Ministers cases in which its decisions and instructions do not conform with the law.
Art. 110
State attorneys are appointed by the Attorney General and directly depend on him.
Chapter I
Art. 111
The emblem of the People's Socialist Republic of Albania bears a black, double-headed eagle, encircled by two sheaves of wheat with a five pointed red star at the top and which are tied at the bottom with a ribbon, on which the date 24th May 1944 is inscribed.
Art. 112
The state flag of the People's Socialist Republic of Albania presents a red background with a black double-headed eagle in the middle, above which there is a five pointed red star, outlined in gold. The ratio between the width and the length of the flag is 1 x 1.4 metres.
Art. 113
The capital of the People's Socialist Republic of Albania is Tirana.
Chapter II
Art. 114
The Constitution is the supreme law of the state. All activity for the creation of juridical norms is conducted on the basis of the Constitution and in complete conformity with it.
Art. 115
Amendments or additions to the Constitution can be made only by decision of the People's Assembly.
Proposals for amendments or additions to the Constitution can be presented by the Presidium of the People's Assembly, the Council of Ministers, or by two fifths of the deputies.
Proposals for amendments or additions in the Constitution are accepted by a majority of two-thirds of all the deputies.
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