Part VI of the Albanian Constitution

Last updated

Part Six (Part VI) of the Constitution of Albania is the sixth of eighteen parts. [1] Titled Local Government, it consists of 8 articles.

Local Government

— Article 108 —

1. The units of local government are communes or municipalities and regions. Other units of local government are regulated by law.
2. The territorial-administrative division of the units of local government are established by law on the basis of mutual economic needs and interests and historical tradition. Their borders may not be changed without first taking the opinion of the inhabitants.
3. Communes and municipalities are the basic units of local government. They perform all the duties of self-government, with the exception of those that the law gives to other units of local government.
4. Self-government in the local units is exercised through their representative organs and local referenda. The principles and procedures for the organization of local referenda are provided by law in accordance with article 151, paragraph 2.

— Article 109 —

1. The representative authorities of the basic local governance shall be the councils, which are elected in every four years, through general, direct and secret voting.
2. The executive organ of a municipality or commune is the Chairman, who is elected directly by the people in the manner provided for in paragraph 1 of this article.
3. Only citizens who have a permanent residence in the territory of the respective local entity have the right to be elected to the local councils and as chairman of the municipality or commune.
4. The organs of local government units have the right to form unions and joint institutions with one another for the representation of their interests, to cooperate with local units of other countries, and also to be represented in international organizations of local powers

— Article 110 —

1. A region consists of several basic units of local government with traditional, economic and social ties and joint interests.
2. The region is the unit in which regional policies are constructed and implemented and where they are harmonized with state policy.
3. The representative organ of the region is the Regional Council. Municipalities and communes delegate members to the Regional Council in proportion to their population, but always at least one member. The chairmen of communes and municipalities are always members of the Regional Council. Other members are elected through proportional lists from among the municipal or communal councilors by their respective councils.
4. The Regional Council has the right to issue orders and decisions with general obligatory force for the region.

— Article 111 —

1. The units of local government are legal entities.
2. The units of local government have an independent budget, which is created in the manner provided by law.

— Article 112 —

1. Powers of state administration by law may be delegated to units of local government. Expenses that are incurred in the exercise of the delegation are covered by the state.
2. Bodies of local government are assigned duties only in compliance with law or according to agreements achieved by them. The expenses that are connected with the duties assigned by law to the bodies of local government are covered by the budget of the state.

— Article 113 —

1. The councils of the communes, municipalities and regions:

a) regulate and administer in an independent manner local issues within their jurisdiction;
b) exercise the rights of ownership, administer in an independent manner the income created, and also have the right to exercise economic activity;
c) have the right to collect and spend the income that is necessary for the exercise of their functions;
ç) have the right, in compliance with law, to establish local taxes as well as their level;
d) establish rules for their organization and functioning in compliance with law;
dh) create symbols of local government as well as local titles of honor;
e) undertake initiatives for local issues before the bodies defined by law.

2. The bodies of local government issue directives, decisions and orders.
3. The rights of self-government of the units of local government are protected in court.

— Article 114 —

The Council of Ministers appoints a prefect in every region as its representative. The powers of the prefect are defined by law.

— Article 115 —

1. A directly elected body of a local government unit may be dissolved or discharged by the Council of Ministers for serious violations of the Constitution or the laws.
2. The dissolved or discharged body has the right to complain, within 15 days, to the Constitutional Court, and in this case, the decision of the Council of Ministers is suspended.
3. If the right to complain is not exercised within 15 days, or when the Constitutional Court upholds the decision of the Council of Ministers, the President of the Republic sets a date for holding of elections of the respective unit of local government.

Related Research Articles

Municipality Administrative division having corporate status and usually some powers of self-government or jurisdiction

A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. It is to be distinguished (usually) from the county, which may encompass rural territory or numerous small communities such as towns, villages and hamlets.

The separation of powers is an approach to governing a state. Under it, a state's government is divided into branches, each with separate, independent powers and responsibilities so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is the trias politica model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems, where the executive and legislative branches overlap.

A local government is a form of public administration which, in a majority of contexts, exists as the lowest tier of administration within a given state. The term is used to contrast with offices at state level, which are referred to as the central government, national government, or federal government and also to supranational government which deals with governing institutions between states. Local governments generally act within powers delegated to them by legislation or directives of the higher level of government. In federal states, local government generally comprises the third tier of government, whereas in unitary states, local government usually occupies the second or third tier of government, often with greater powers than higher-level administrative divisions.

Government of Armenia

The Government of the Republic of Armenia or the executive branch of the Armenian government is an executive council of government ministers in Armenia. It is one of the three main governmental branches of Armenia and is headed by the Prime Minister of Armenia.

Politics of Azerbaijan

The Politics of Azerbaijan takes place in a framework of a semi-presidential republic, with the President of Azerbaijan as the head of state, and the Prime Minister of Azerbaijan as head of government. Executive power is exercised by the president and the government. Legislative power is vested in both the government and parliament. The Judiciary is nominally independent of the executive and the legislature. The state system of Azerbaijan defines the Constitution of the Republic of Azerbaijan. According to the constitution, Azerbaijan is a democratic, secular, unitary republic.

Constitution of the Netherlands Constitution of the Kingdom of the Netherlands

The Constitution for the Kingdom of the Netherlands is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the Kingdom of the Netherlands. It is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy; it is the third oldest constitution still in use worldwide.

Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories have the power to make legislation relevant to the area and thus granting them a higher level of autonomy.

Provinces of Belgium

The country of Belgium is divided into three regions. Two of these regions, the Flemish Region or Flanders, and Walloon Region, or Wallonia, are each subdivided into five provinces. The third region, the Brussels Capital Region, is not divided into provinces, as it was originally only a small part of a province itself.

Elections in Belgium Political elections for public offices in Belgium

Elections in Belgium are organised for legislative bodies only, and not for executive functions. Direct elections take place for the European Parliament, the bicameral Federal Parliament, the Parliaments of the Communities and Regions, the provincial councils, the municipal councils and a few district councils. Voting is mandatory and all elections use proportional representation which in general requires coalition governments.

Constitution of Italy supreme law of Italy

The Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, on the same day as the referendum on the abolition of the monarchy was held. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the Statuto Albertino, had been enacted.

Constitution of Belgium

The Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established Belgium as a centralised unitary state. However, since 1970, through successive state reforms, Belgium has gradually evolved into a federal state.

Constitution of Kosovo

The Constitution of Kosovo, refers to the supreme law of the Republic of Kosovo. Article four of the constitution establishes the rules and separate powers of the three branches of the government. The unicameral Assembly of the Republic exercises the legislative power, the executive branch led by the President and the Prime Minister which are responsible for implementing laws and the judicial system headed by the Supreme Court.

Officially local government in the Philippines, often called local government units or LGUs, are divided into three levels – provinces and independent cities; component cities and municipalities; and barangays. In one area, above provinces and independent cities, is an autonomous region, the Autonomous Region in Muslim Mindanao. Below barangays in some cities and municipalities are sitios and puroks. All of these, with the exception of sitios and puroks, elect their own executives and legislatures. Sitios and puroks are often led by elected barangay councilors.

The local government in Ukraine consists of two systems based on administrative divisions of Ukraine. There are 24 oblasts, the Autonomous Republic of Crimea, and two city councils with special status (regions), with each region further divided into amalgamated hromadas and raions (districts).

Government of Japan Constitutional monarchy which governs Japan

The Government of Japan is the central government of Japan. The Government of Japan consists of legislature, executive and judiciary branches and is accountable to the Emperor of Japan. The Prime Minister of Japan is the chief executive of the government and is responsible for selecting ministers to serve in the Cabinet of Japan, the executive branch of the state government.

South African environmental law The legal rules in South Africa relating to management of the environment

South African environmental law describes the legal rules in South Africa relating to the social, economic, philosophical and jurisprudential issues raised by attempts to protect and conserve the environment in South Africa. South African environmental law encompasses natural resource conservation and utilization, as well as land-use planning and development. Issues of enforcement are also considered, together with the international dimension, which has shaped much of the direction of environmental law in South Africa. The role of the country's Constitution, crucial to any understanding of the application of environmental law, also is examined. The National Environmental Management Act (NEMA) provides the underlying framework for environmental law.

State Council of Romania

The State Council was the supreme executive authority of the Socialist Republic of Romania from 1961 to 1989.

Legislative Assembly of Madeira

The Legislative Assembly of Madeira is the legislature of the Portuguese autonomous region of Madeira. The last regional election was held on 22 September 2019 and the party with the most votes was the Social Democratic Party with 56,448 votes, which stand-alone holds an absolute majority in the assembly.

Mayor (France)

In France, a mayor is chairperson of the municipal council, which organises the work and deliberates on municipal matters. The mayor also has significant powers and his or her own responsibilities, such as the responsibility for the activities of municipal police and for the management of municipal staff.

High courts of justice (Spain)

The superior courts of justice, or high courts of justice, are courts within the judicial system of Spain, whose territorial scope covers an autonomous community, as laid down in the Organic Law of Judicial Power.

References

  1. Kushtetuta e Republikës së Shqipërisë