Albania

Constitution of the Republic of Albania (1998, last amended 2012)

Updated: June 2015

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Article 45, section 1 states:

Every citizen who has reached the age of 18, even on the date of the elections, has the right to elect and to be elected…

 

Excerpts from the Constitution of the Republic of Albania (1998, last amended 2012)

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Article 27, section 2 states:

Freedom of a person may not be limited, except in the following cases:

  • (e) when a person is the carrier of a contagious disease, mentally incompetent and dangerous to society…

 

Article 45, section 2 states:

Citizens who have been declared mentally incompetent by a final court decision do not have the right to elect.

 

Article 91, section 2 states:

In case the President cannot exercise his duty for more than 60 days, the Assembly by two-thirds of all its members decides on sending the issue to the Constitutional Court, which verifies conclusively the fact of his incapacity. In case of verification of incapacity, the place of the President remains vacant and the election of the new President begins within 10 days from the date of verification of incapacity.

 

Article 127, section 1 states:

The term of a judge of the Constitutional Court ends when he:…

  • (e) is declared incompetent to act with a final judicial decision.

 

Article 128 states:

The judge of the Constitutional Court can be removed from office by the Assembly by two-thirds of all its members for violations of the Constitution, commission of a crime, mental or physical incapacity, acts and behavior that seriously discredit the position and reputation of a judge. The decision of the Assembly is reviewed by the Constitutional Court, which, upon verification of the existence of one of these grounds, declares the removal from duty of the member of the Constitutional Court.

 

Article 139, section 1 states:

The term of a High Court judge ends when he:…

  • (e) is declared incompetent to act with a final judicial decision.

 

Article 140 states:

A judge of the High Court may be discharged by the Assembly with two-thirds of all its members for violation of the Constitution, commission of a crime, mental or physical incapacity, or acts and behavior that seriously discredit the position and image of a judge. The decision of the Assembly is reviewed by the Constitutional Court, which, upon verification of the existence of one of these grounds, declares his discharge from duty.

 

Article 147, section 6 states:

A judge may be removed from office by the High Council of Justice for commission of a crime, mental or physical incapacity, acts and behavior that seriously discredit the position and image of a judge, or professional insufficiency. The judge has the right to complain against this decision to the High Court, which decides by joint colleges.

 

Article 149, section 2 states:

The General Prosecutor may be discharged by the President of the Republic upon the proposal of the Assembly for violations of the Constitution or serious violations of the law during the exercise of his duties, for mental or physical incapacity, for acts and behavior that seriously discredit the position and reputation of the Prosecutor.

 

Excerpts from the Constitution of the Republic of Albania (1998, last amended 2012)

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Article 45, section 2 states:

Citizens who have been declared mentally incompetent by a final court decision do not have the right to elect.

 

Article 91, section 2 states:

In case the President cannot exercise his duty for more than 60 days, the Assembly by two-thirds of all its members decides on sending the issue to the Constitutional Court, which verifies conclusively the fact of his incapacity. In case of verification of incapacity, the place of the President remains vacant and the election of the new President begins within 10 days from the date of verification of incapacity.

 

Article 127, section 1 states:

The term of a judge of the Constitutional Court ends when he:…

  • (e) is declared incompetent to act with a final judicial decision.

 

Article 128 states:

The judge of the Constitutional Court can be removed from office by the Assembly by two-thirds of all its members for violations of the Constitution, commission of a crime, mental or physical incapacity, acts and behavior that seriously discredit the position and reputation of a judge. The decision of the Assembly is reviewed by the Constitutional Court, which, upon verification of the existence of one of these grounds, declares the removal from duty of the member of the Constitutional Court.

 

Article 139, section 1 states:

The term of a High Court judge ends when he:…

  • (e) is declared incompetent to act with a final judicial decision.

 

Article 140 states:

A judge of the High Court may be discharged by the Assembly with two-thirds of all its members for violation of the Constitution, commission of a crime, mental or physical incapacity, or acts and behavior that seriously discredit the position and image of a judge. The decision of the Assembly is reviewed by the Constitutional Court, which, upon verification of the existence of one of these grounds, declares his discharge from duty.

 

Article 147, section 6 states:

A judge may be removed from office by the High Council of Justice for commission of a crime, mental or physical incapacity, acts and behavior that seriously discredit the position and image of a judge, or professional insufficiency. The judge has the right to complain against this decision to the High Court, which decides by joint colleges.

 

Article 149, section 2 states:

The General Prosecutor may be discharged by the President of the Republic upon the proposal of the Assembly for violations of the Constitution or serious violations of the law during the exercise of his duties, for mental or physical incapacity, for acts and behavior that seriously discredit the position and reputation of the Prosecutor.

 

Excerpts from the Constitution of the Republic of Albania (1998, last amended 2012)