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XIV.
EXCERPTS FROM ALBANIAN CONSTITUTION
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Chapter VI
People’s
Advocate
Article
60
1.
The People’s Advocate defends the rights, freedoms and
lawful interests of individuals from unlawful or improper
actions or failures to act of the organs of public
administration.
2.
The People’s Advocate is independent in the exercise of
his duties.
3.
The People’s Advocate has his own budget, which he
administers himself. He proposes the budget pursuant to law.
Article
61
1.
The People’s Advocate is elected by three-fifths of all
members of the Assembly for a five-year period, with the right
of reelection.
2.
Any Albanian citizen with higher education and recognized
knowledge and activity in the ambit of human rights and law
might be the People’s Advocate.
3.
The People’s Advocate enjoys the immunity of a High
Court judge.
4.
The People’s Advocate may not take part in any
political party, carry on any other political, state or
professional activity, nor take part in the management organs of
social, economic and commercial organizations.
Article
62
1.
The People’s Advocate may be discharged only on the
reasoned complaint of not less than one-third of the deputies.
2.
In this case, the Assembly makes a decision with
three-fifth of all its members.
Article
63
1.
The People’s Advocate presents an annual report before
the Assembly.
2.
The People’s Advocate reports before the Assembly when
it is requested of him, and he may request the Assembly to hear
him on matters he deems important.
3.
The People’s Advocate has the right to make
recommendations and propose measures when he observes violations
of human rights and freedoms by the public administration.
4.
Public organs and officials are obliged to make avoilable
to the People’s Advocate all documents and information
requested by him.
Article
134
1.
The Constitutional Court Can be put into motion only upon
the request of:
a)
the President of the Republic;
b)
the Prime Minister;
c)
not less than one-fifth of the deputies;
ç)
the Chairman of High State Control;
d)
every court according to article 145, paragraph 2 of this
Constitution;
dh)
the People’s Advocate;
e)
organs of the local government;
ë)
organs of religious communities;
f)
political parties and other organizations;
g)
individuals.
2. Subjects
foreseen by the subparagraphs “dh”, “e”, “ë”,
“f” and “g” of the first paragraph of aforementioned
article, can make request concerning the issues, related to
their interests only.
The
Constitutional Court of the Republic of Albania, decided by its
decision no. 49, dated 31.07.2000, that People’s Advocate, in
compliance with the article 134, second paragraph of the
Constitution, may turn to Constitutional Court with the request
related to the articles 49, 52 and 71 of the Law no. 8577, dated
10.02.2000 “On organization and functioning of the
Constitutional Court of the Republic of Albania”, concerning
cases related to its functioning in defending rights, freedoms
and lawful interests of the individuals, from unlawful or
improper actions or failures to act of public administration or
third parties, acting on their behalf, when those violations
come to be true from the investigation of the People’s
Advocate as well as when the constitutional regulations on its
(Ombudsman) organization and functioning have been infringed
upon.
XV.
LAW ON THE PEOPLE’S ADVOCATE AND EXCERPTS FROM OTHER LAWS
DEFINING THE RIGHTS AND DUTIES
OF THE PEOPLE’S ADVOCATE
Law
No.8454, dated 4.2.1999
Amended
with Law No. 8600, dated 10.04.2000 and Law
No. 9398, dated 12.05.2005
LAW
ON PEOPLE’S ADVOCATE
Pursuant
to Articles 60 through 63, 81 and 83, item 1 of the
Constitution, upon the proposal of the Council of Ministers,
THE
ASSEMBLY OF THE REPUBLIC OF ALBANIA
DECIDED:
CHAPTER
I
GENERAL
PROVISIONS
Article
1
Object
of the Law
The
object of this Law is the adoption of the rules for the
organization and functioning of the People’s Advocate.
Article
2
Duties
of the People’s Advocate
The
People’s Advocate shall safeguard the rights, freedoms and
lawful interests of individuals from unlawful or improper
actions or failures to act of the organs of public
administration or third parties acting on their behalf.
The
People’s Advocate, guided by the principles of impartiality,
confidentiality, professionalism and independence, shall
exercise his activity for the protection of human right and
freedoms as defined by the constitutional provisions and by the
laws. The provisions of this Law shall also apply to protect the
rights of foreigners, whether they are residing lawfully, in
Albania or not, refugees, as well as stateless persons within
the territory of the Republic of Albania, pursuant to the terms
set forth by law.
People’s
Advocate performs other duties as stipulated in specific laws.
Article
3
Requirements
for Election of the People’s Advocate
People’s
Advocate may be any person who meets the following requirements:
a)
is an Albanian citizen;
b)
has outstanding knowledge of, and activities in, the area
of human rights, freedoms and law;
c)
has distinguished professional skills and moral-ethical
qualities;
d)
has never been convicted criminally;
e)
is not a member of the parliament that proposes or elects
him.
CHAPTER
II
ELECTION,
REMOVAL AND RIGHTS OF THE PEOPLE’S ADVOCATE
Article
4
Election
of the People’s Advocate
The
People’s Advocate shall be elected by three-fifths of all the
members of the Assembly.
Before starting his mandate,
People’s Advocate takes the oath before the Parliament. He
swears as follows: “I swear that during performing my duties I will protect human rights and
fundamental freedoms without discrimination, in accordance with
the Constitution and laws of the Republic of Albania.”
Article
5
Term
in Office
The
People’s Advocate shall remain in office for a 5-year period,
with the right of re-election.
Article
6
Immunities
and Salary
The
People’s Advocate shall present to the Assembly an annual
report. The People’s Advocate shall report to the Assembly
whenever the latter so requests and may request the Assembly to
hear him on matters he determines important and shall only be
responsible to the Assembly. The People’s Advocate shall enjoy
the immunity of a judge of the High Court. His salary shall be
equal to the salary of the President of the High Court.
Article
7
Termination
of Functions of the People’s Advocate
The
functions of the People’s Advocate shall terminate if:
a)
he resigns;
b)
his 5-year term in office elapses;
c)
he dies;
d)
He is removed [from office].
Article
8
Removal
from Office of the People’s Advocate
The
People’s Advocate shall be removed from office only in case
he:
a)
is convicted by means of a final court decision;
b)
becomes mentally or physically incapacitated to perform
his duties;
c)
he conducts activities that violate the provisions of
Article 10 of this Statute;
d)
Is absent from duty for more than three months.
The
motion for the removal of the People’s Advocate shall be
presented by at least one-third of the members of the Assembly.
The
decision of the removal from office of the People’s Advocate
shall be taken with the votes of three-fifths of the members of
the Assembly.
Article
9
Election
of a New People’s Advocate
The
Assembly shall elect the People’s Advocate within one month
from the termination or removal from office [of the previous
People’s Advocate]. Until a new People’s Advocate is
elected, as well as in case the People’s Advocate in unable to
perform his duties, the duties of the People’s Advocate shall
be carried out by the longest-serving commissioner.
Article
10
Incompatibilities
with the Duty of the People’s Advocate
The
People’s Advocate shall be prohibited from participating in
political parties or organizations, carrying out any other
political, state or professional activities, or participating in
the steering bodies of social, economic or commercial
organizations. He may exercise the right to teach or be an
author.
Article
11
Securing
the Previous Position of the People’s Advocate
Upon
termination of duty pursuant to items “a’ or “b” of
Article 7, the People’s Advocate shall have the right to
resume the public duty or position he occupied preceding his
election. If this is not possible, [he] shall be secured an
equivalent position.
CHAPTER
III
COMPLAINTS,
INVESTIGATIVE PROCEDURES AND POWERS
OF THE PEOPLE’S ADVOCATE
Article
12
Locus
standi
Every
individual, group of individuals or non-governmental
organization that claims that his/their rights, freedoms or
lawful interests have been violated by the unlawful or improper
actions or failures to act of the organs of the public
administration shall have the right to complain or notify the
People’s Advocate and to request his intervention to remedy
the violation of the right or freedom.
The
People’s Advocate shall maintain confidentiality if he deems
it reasonable as well as when the person submitting the
complaint, request or notification so requests.
Article
13
Initiation
of the Proceedings
The
People’s Advocate, upon finding or suspecting that a right has
been violated, shall initiate an investigation [of the case],
upon the complaint or request of the interested or injured
person, or on his own motion if the particular case is in the
public domain and provided the interested or injured party
consents.
If an investigation starts with the
initiative of the People’s Advocate, the injured party
consents is not needed in case of a child, a person with
disabilities or to protect the rights of a large group of
individuals.
To protect the interests of a broad community, who can be
affected by an administrative process, the People’s Advocate
is entitled to initiate administrative proceedings and be part
of the process in accordance with the requirements of the Code
of Administrative Procedures.
Article
14
Conditions
of Admissibility of Complaints, Requests and Notifications
The
People’s Advocate may refuse to initiate or may terminate the
investigation of a case if the same case has been decided or is
being reviewed by a public prosecutor or a court. In such a
case, he shall be entitled to request information by those
authorities, who
have the obligation to respond in due time and always within 30
days of submitting the request.
Article
15
No
Special Form Required For Complaints and Notifications
No
special form shall be required for the complaints, requests or
notifications submitted to the People’s Advocate, provided the
object of the complaint or request is clearly indicated. The
People’s Advocate shall not accept anonymous complaints or
requests.
Article
16
Services
Free Of Charge
All
the services rendered by the People’s Advocate with respect to
the complaints, requests or notifications shall be free of
charge.
Article
17
Administration
of Complaints and Notifications
The
People’s Advocate, following the review of a complaint,
request or notification of a violation, shall decide to:
a)
accept or refuse to look into the case;
b)
send a reply to the interested person indicating his
rights and the remedies he can pursue to protect those rights;
or
c)
Forward the case to a competent authority.
In
all cases, the People’s Advocate shall notify the interested
person [of his decision] within 30 days from the date he
received the complaint, request or notification.
Article
18
Procedure
after Admission of Complaints for Review
Following
admission of a complaint, request or notification, the
People’s Advocate shall proceed in one of the following ways:
a)
shall conduct himself an investigation;
b)
shall request explanations from the organs of public
administration, as well as the public prosecutor in
cases of pre-trial detention and arrest;
c)
shall make a recommendation to the High State Control to
exercise its powers.
Article
19
Investigative
Procedures
In
case the People’s Advocate decides to proceed with an
independent investigation, he shall be entitled to:
a)
conduct on the spot investigations, including
having access to all public institutions and investigating on
the spot of the acts or documents related to the case.
b)
request explanations from all organs of central and local
administration and obtain all files or material relevant to the
investigation;
c)
interrogate any person that, in his judgment, is
involved in the matter under investigation and subpoena at his office any person without immunity.
d)
arrange or request an expert opinion.
People’s
Advocate has the right to set a deadline for carrying out the
above actions.
Article
19/1
People’s Advocate
and any official authorized by him is entitled to have access at
any time, without limitation and initial authorization, upon the
notification of the head of the institution, to all public
institutions, prisons, pre-detention centers, military units or
state institutions, psychiatric hospitals, asylums, orphanages
and any other place when there is evidence of infringement of
human rights and fundamental freedoms.
The access in the
afore-mentioned institutions will take place to investigate a
complaint, request or notification as well as with the
initiative of the People’s Advocate for the purposes of
inspection or studies. In these cases, the People’s Advocate
is entitled to meeting and talking with any person kept in those
institutions without the presence of the head of the
institution.
All kinds of correspondence
between the People’s Advocate and the above subjects cannot be
prohibited or surveilled.
Article
20
Access
to Information or Documents Classified as State Secrets
The
People’s Advocate shall have the right to request information
or documents classified as state secrets that are relevant to
the case under investigation. In such cases he shall comply with
the rules for the protection of state secrets.
Article
21
Actions
and Powers after Conclusion of Investigation
Upon
conclusion of an investigation, the People’s Advocate shall do
one of the following:
a)
explain to the complainant that his rights have not been
infringed;
b)
make recommendations on how to remedy the infringement to
the administrative organ that, in his judgment, has committed
the violation;
The submission of the recommendation suspends the
acts or illegal or irregular actions until its reviewing and
responding to the People’s Advocate.
c)
make recommendations on how to remedy the infringement to
the authority supervising the administrative organ that has
committed the violation;
Non-examination of the recommendation within 30 days
causes the suspension of the acts or illegal or irregular
actions.
d)
recommend to the public prosecutor to start an
investigation if he finds that a criminal offence has been
committed; or
restart the dismissed or suspended investigations.
e)
upon finding serious violations, propose to the relevant
authorities, including the Assembly, to dismiss officials under
their jurisdiction;
f)
in case of infringement of right by organs of the
judiciary, the People’s Advocate, without interfering with
their procedures, shall notify the competent authorities of the
violations;
g)
recommend to the injured persons to take their case to
the court.
These
actions are not mutually exclusive.
Article
22
Obligation of Organs of State Administration
to Respond to Recommendations of the People’s Advocate
The
organs to whom the People’s Advocate has submitted a
recommendation, request or proposal for dismissal shall review
the recommendation, request or proposal for dismissal and shall
reply within 30 days from the date the recommendation, request
or proposal for dismissal is delivered. The reply shall include
reasoned explanations on the specific case as well as the
actions, omissions or measures undertaken by that organ.
People’s Advocate should be notified and is given
the right to participate in the collegial meetings of the public
administration during the reviewing of its recommendation,
request or proposal.
Article
22/1
Sanctions
for non-cooperation with the People’s Advocate
The refusal to cooperate with the People’s Advocate from
the civil servant, high-rank official or public authority
constitutes a cause for the People’s
Advocate to request to the proper authority starting of the
administrative proceedings and taking of the disciplinary
measures up to the dismissal from work or civil service.
Article
23
Case
follow-up
If
the People’s Advocate does not consider sufficient the reply
or measures an organ has undertaken, he shall have the right to
refer the case to the higher organ in hierarchy. If [the
violations] are repetitive or the respective organ does not
respond to the recommendations of the People’s Advocate, the
latter may present to the Assembly a report, which shall include
proposals for specific measures to remedy the violations.
Article
24
Right
of Legislative Recommendations
If
the People’s Advocate finds that it is the content of a
statute or other legal act, and not its application that leads
to violation of human right recognized by the Constitution or
other laws; he shall have the right to:
a)
recommend to the organs vested with legislative
initiative to propose amendments and improvement to the statute;
b)
propose to the Administration to amend and improve
subsidiary acts;
The
non-consideration of the proposal within 30 days causes the
suspension of the subsidiary acts violating human rights and
fundamental freedoms.
c) motion
the Constitutional Court, with request, to invalidate those
acts.
Article
25
Persons
and Acts outside the Jurisdiction of the People’s Advocate
The
following shall be outside the jurisdiction of the People’s
Advocate:
a)
the President of the Republic
b)
the Prime Minister
The
following shall also be outside the jurisdiction of the
People’s Advocate:
a)
statutes and other legal acts
- abrogated
b)
military orders to the Armed Forces
c)
court decisions -
abrogated
The
People’s Advocate shall accept complaints, requests or
notifications of human right violations arising from the
administration of the judiciary, irrevocable decisions and
judicial procedures. The investigation and the request of the
People’s Advocate shall not infringe the independence of the
judiciary in deciding cases.
CHAPTER
IV
RELATIONS WITH THE ASSEMBLY, OTHER GOVERNMENTAL
AUTHORITIES AND NON-GOVERNMENTAL ORGANISATIONS
Article
26
Report
to the Assembly
The
People’s Advocate shall submit an annual report to the
Assembly, which shall discuss it in a plenary session.
A
copy of the report shall be submitted to the President of the
Republic and the Prime Minister.
Annual Report for the following year should be
submitted no later than month of April of the following year.
Article
27
Special
Reports to the Assembly
In
addition to the report provided by Article 26, the People’s
Advocate shall report to the Assembly on his own motion or upon
written request of the Speaker of the Assembly or a group of
members of the Assembly. The Speaker of the Assembly shall
decide on whether the report shall be heard by:
1.
the plenary session [of the Assembly];
2.
distributing the report;
3.
the standing committees of the Assembly.
A
copy of the report shall be sent to the President of the
Republic, the Prime Minister and the highest administrative
authority, whose subordinate [authorities] are mentioned in the
report.
Article
28
Publication
of Reports
The
annual and special reports shall be made available to the public
and shall be published no later than one month after the date of
their discussion by the Assembly. The Assembly shall publish the
reports.
Article
29
Drafting
Human Right Reports
The
People’s Advocate may assist, give opinions and make
recommendations in the drafting of reports and other documents
by the Albanian State on human rights and freedoms in the
Republic of Albania.
Article
30
Co-operation
with Non-Governmental Organizations
The
People’s Advocate shall perform his duties in close
co-operation with non-governmental organizations and shall
regularly request their opinion on the human rights situation.
The
People’s Advocate, in co-operation with non-governmental
organizations, shall organize, at least annually, a national
activity on the situation of human right and freedoms in the
Republic of Albania.
CHAPTER
V
COMMISSIONERS,
OFFICE AND BUDGET
Article
31
Structure
The
Office of the People’s Advocate shall have three specialized
sections; each headed by a Commissioner.
The
sections shall be:
a)
a section for the organs of central administration, local
government and third parties acting on their behalf;
b)
a section for the police, the secret service, prisons,
armed forces and the judiciary;
c)
A general section in charge of all the issues falling
outside the scope of the two other sections, co-operation with
non-governmental organizations as well as studies and activities
in the area of human rights and freedoms.
Article
32
Appointment
of a Local Representative
If
the People’s Advocate deems it reasonable, he may appoint a
local representative for a specific matter and definite time.
The local authorities shall provide the representative with
office space and working conditions that shall be adequate for
the fulfillment of his duties under this Statute. The
representative shall be remunerated from the budget of the
People’s Advocate.
Article
33
Election
and Salary of Commissioners
The
commissioners shall be selected from among the most outstanding
lawyers for a three-year term, with the right to re-election.
The
Assembly, upon the proposal of the People’s Advocate shall
elect them. The requirements of Articles 3 and 10 of this
Statute shall also apply to election of commissioners. The
salary of the commissioner shall be equal to the two-thirds of
the People’s Advocate’s salary.
Article
34
Termination
of Functions and Removal of Commissioners
The
rules in this Statute regulating termination of functions and
removal of the People’s Advocate shall also apply to the
commissioners.
When
the position of a commissioner remains vacant, upon the elapsing
of the 3-year term or pursuant to items “a”, “c”, or “ç”
of Article 7 as well as Article 8 of this Statute, the
People’s Advocate, within one month, shall propose to the
Assembly the new commissioner to be elected.
The Commissioners can be removed from office with the
request of the People’s Advocate before the end of the
three-year term for abusing of their
duties or acts and behavior that seriously discredit their
position and reputation.
Article
35
Employees
of the Office
The
staff members of the Office of the People’s Advocate shall be
members of the Civil Service of the Republic of Albania.
“The
structure and the organigram of the People’s Advocate’s
Office is defined by the People’s Advocate”.
People’s Advocate and the Commissioners benefit free of charge the
Official Gazette.
Article
36
Budget
The
financial resources for the People’s Advocate shall be paid by
the state budget, which shall have a separate chapter [line
item], for the People’s Advocate.
The
draft budget shall be proposed by the People’s Advocate to the
Standing Committee for Economic, Financial and Privatization
Affairs [of the Assembly], which shall submit it to the
Assembly
for approval pursuant to Statute nr.8379, dated 29.7.1998, “On
the drafting and implementation of the state budget”.
The
People’s Advocate shall prepare every year his accounts
pursuant to Statute no 8379, dated 29.7.1998, “On the drafting
and implementation of the state budget”. The financial records
of the Office of the People’s Advocate shall be subject to
review by the High State Control.
Article
37
Acceptable
donations
The
People’s Advocate may benefit from donations in money or in
kind. The donations may not include conditions that might affect
the independence, impartiality or constitutionality of the
People’s Advocate’s activity. The donations shall be
declared and registered in a registry held for this purpose by
the Office of the People’s Advocate. The People’s Advocate
shall provide, by the end of the year, the High State Control
and the Standing Committee for Economic, Financial and
Privatization Affairs [of the Assembly] with a copy of the
registry each. The registry shall include the type of donation,
quantity, date [of donation], person and mode of delivery of
donation. The registry shall also include the name and signature
of the donor.
CHAPTER
VI
TRANSITORY
PROVISIONS
Article
38
Transitory
Provisions
The
Assembly shall elect the People’s Advocate within two months
from the date of entry into force of this Statute.
The
People’s Advocate, within one month from his election, shall
propose to the Assembly the commissioners.
Article
39
Internal
Regulations
The
People’s Advocate, within 3 months from his election and in
cooperation with the commissioners, shall adopt internal
regulations.
Article
40
Entry
into force
This
Law shall enter into force 15 days after publication in the
Official Gazette
.
LAW
No.
8485, dated 12.5.1999
CODE
OF ADMINISTRATIVE PROCEDURES OF THE REPUBLIC OF ALBANIA
Pursuant to articles 81 and 83, item 1 of the
Constitution, upon proposal of the Council of Ministers,
THE
ASSEMBLY
OF
THE REPUBLIC OF ALBANIA
DECIDED:
FIRST
PART
GENERAL
PRINCIPLES AND DEFINITIONS
CHAPTER
I
APPLIANCE
AMBIT AND DEFINITIONS
Article
1
Appliance ambit
Provisions
of this Code are applicable by all Organs of Public
Administration in the exercise of their functions through
individual acts.
Principles
sanctioned in this Code are applicable to normative acts at the
possible extent.
General
principles of the administrative activity, sanctioned in this
Code are compulsory even for the activity of private subjects,
when these activities do affect public interests.
This
Code is applicable by physical and juridical persons, entitled
to exercise their duties and competencies by law, bylaw or
contract.
Provisions
of this Code are not applicable to the actions of public
administration, regulated by the Private Law.
Article
3
Administrative
Organs
According
to this Code, organs of the administration are to be:
·
central government bodies exercising
administrative functions;
·
public establishment bodies to the extent they
exercise administrative functions;
·
local government bodies exercising administrative
functions;
·
organs of the armed forces and of any other
structure, servants of which enjoy military status, as long as
they exercise administrative functions.
Article
4
Interested
party
Interested
part in any administrative procedure is to be named every
physical, juridical person or state authority, whose lawful
rights and competencies, be they individual or collective, tend
to be affected during administrative procedures.
FOURTH
PART
INTERESTED
PARTIES IN THE ADMINISTRATIVE PROCEEDING
Article
44
Taking part in the administrative proceeding
1.
Each one entitled to a legitimate interest, enjoys the
right to take part in an administrative proceeding in persona
or/and being represented.
2.
Ability to take part in an administrative proceeding gets
arranged in compliance with the provisions of civil right on
juridical ability to act.
Article
45
Legitimacy
1.
Persons entitled to the rights and lawful interests,
being affected by decisions to be taken during an administrative
proceeding, have the right to initiate administrative proceeding
and to take part in it. Associations and organizations enjoy
aforementioned rights too.
2.
In protection of wide interests, being eventually
affected by the administrative proceeding, do have the right to
initiate an administrative proceeding and/or take part in it, as
following:
a.
Persons to whom administrative proceeding cause or might
cause harm in their common rights, as a case in point being
public health, education, cultural legacy, environment as well
their quality of living.
b.
Persons residing in or nearby a public property, which
can get damaged from the administrative proceeding.
c.
The People’s Advocate.
3.
Associations acting in protection of wide public
interests do have the right to initiate or take part in the
administrative proceeding.
LAW
No.
8503, dated 30.06.1999
ON
THE RIGHT TO INFORMATION ON OFFICIAL DOCUMENTS
Pursuant
to articles 23, 17, 78, and 83, item 1 of the Constitution, upon
proposal of the Council of Ministers,
ASSEMBLY
OF
THE REPUBLIC OF ALBANIA
DECIDED:
CHAPTER
I
GENERAL
PROVISIONS
Article
1
Object
This
law regulates the right to information on official documents.
CHAPTER
II
THE
RIGHT TO INFORMATION AND PUBLIC AUTHORITY OBLIGATIONS
Article
3
Right
to information
Every
person is entitled to ask information on official documents
concerning activity of the state organs and persons, exercising
state functions, without being obliged to explain motives for
that.
Public
authority is obliged to deliver any kind of information related
to an official document, except when by law it is foreseen
differently.
Any
information on the official document, delivered to one person,
cannot be refused to anybody else asking for it, except when
this information holds personal data of the person himself, to
whom is given information.
Article 4
Definition
If
the required information on the official document is subject to
restriction by law, public authority issues to applicant a
written declaration, where are shown reasons of information
denial and the regulations, upon which he can ask for it.
If
the restriction is for only a part of the data, held in the
official document, the remaining part cannot be refused to the
applicant.
Article
7
Ways of giving the information
At the applicant disposal is put an entire copy of the
official document, he is interested to be informed.
Public authority can, upon request of the interested
person or on his own suggestion, offer to the applicant other
forms of giving the information, verbal one included.
In every such a case, applicant gives his consent in
written to the offered way.
CHAPTER
IV
THE
FINAL PROVISION
Article
18
Competencies of the Peoples’ Advocate
The Peoples’ Advocate takes care for carrying into
effect this law.
People’s Advocate competencies on access to information
on official documents, get regulated by the law no. 8454, dated
04.02.1999, “On the People’s Advocate”.
LAW
No.
9888, dated 10.03.2008
For
changes and amendements on Law Nr.8382 dt.16.04.1998
TO THE RIGHTS AND TREATMENTS OF DETAINEE
Based
on articles 78 and 83/1 of the Constitution of Albania, with the
proposal of Council Of Minister
PARLAMENT OF REPUBLIC OF ALBANIA
APPROVED:
Article 1
Title
of this law will change as follow:
“To
the rights and treatment of detainee and pre-detainee”
Article 20
Article
43 changes as follow:
"Article
43
Entrance
in Detention Center
Institution
of detention center can be visit without prior authorisation by:
President
of Republic, Speaker of Parliament, Prime Minister, Head of
Constitutional Court, Deputy Speaker of Parliament, Deputy Prime
Minister, Minister of Justice, Chairmen of High Court, General
Prosecutor, Representatives of Parliament, Vice Minister of
Justice, Peoples Advocate, Commisioners of Peoples Advocate and
Ass/Commisioners, General Director of Prisons and his deputies,
General Director of Prison Police, Director and Inspectors of
Internal Control of Prison, Membes of monitoring commision of
executions of penal decisions, Judges, Prosecutors and Lawers.
No
more than two person who accompain this officials
are allowed to enter without
prior authorisation. Any other person shall enter in
Detention Center with authorisation of Director of Prison. If
the Director does not give authorisation wothout any resonable
argument, any person has the right to admmit complain to the
General Director of Prison. For the representatives of religion
communities rules are foreseen in article 42 of this Law”
Article 36
Next
to the Article 74 are added the articles 74/1, 74/2 and 74/3 as
follow:
Article
74/1
National
preventive mechanisms against torture
Peoples
Advocate has the authority to act as
National Preventive Mechanism against Torture like an
independent and domestic body for the purposes of the protection of the
rights and treatment of detanee.
National
Preventive Mechanism has the follow competence:
(a)
To regularly examine the treatment of the persons deprived of
their liberty in places of detention , with a view to
strengthening, if necessary, their protection against torture
and other cruel, inhuman or degrading treatment or punishment;
(b)
To make recommendations to the relevant authorities with the aim
of improving the treatment and the conditions of the persons
deprived of their liberty and to prevent torture and other
cruel, inhuman or degrading treatment or punishment, taking into
consideration the relevant norms of the United Nations;
Article
74/2
National
Preventive Mechanism activity
In
order to enable the national preventive mechanisms to fulfil
their mandate, the NPM has the rights to:
(a)
Access to all information concerning the number of persons
deprived of their liberty in places of detention;
(b)
Access to all information referring to the treatment of those
persons as well as their conditions of detention;
(c)
Access to all places of detention and their installations and
facilities;
(d)
The opportunity to have private interviews with the persons
deprived of their liberty without witnesses, either personally
or with a translator if deemed necessary, as well as with any
other person who the national preventive mechanism believes may
supply relevant information;
(e)
The liberty to choose the places they want to visit and the
persons they want to interview;
Article
74/3
Observation
The
activity of National Preventive Mechanism is performed as
follow:
a)
Receiving complain by detainees by writing or oral.
b)
Receiving informations or complain by other visitor or
lawers who has previos visiting places of detentions.
c)
Seeking informations by the detentions administration
d)
Verification
of document, object, equipments who are linked with life of
detainees indoor and outdoor places of detention. National
Preventive Mechanism has the right to activate impatial experts
to fullfill his duty. National Preventive Mechanism in the end
of his inspection has the obligation to share the observation
and to sign both with the director of the prison the
document of control.
Article
38
This
Law enter into force 15 days after published on Official
Newspapper.
LAW
No.
9135, dated 11.09.2003
ON
THE CONSUMERS’ PROTECTION
Pursuant to articles 78 and 83 item 1 of the
Constitution, upon proposal of THE Council of Ministers,
ASSEMBLY
OF
THE REPUBLIC OF ALBANIA
DECIDED:
PART
1
OBJECT, APPLIANCE AMBIT AND DEFINITIONS
Article
1
Object
This law addresses the rights of consumers, relations
between consumers and producers, sellers, suppliers, services
providers and the organs of market control and standardization.
Its target is protection of health, environment, life security
and other consumers’ rights, sanctioned by this law.
Article
2
Appliance ambit
This
law regulates relationship between consumers, on one side, and
producers, sellers, services suppliers and providers on the
other side as well as defines all obligations deriving from
international agreements related to consumer’s interests.
CHAPTER III
COMPLAIN
HANDLING
Article
54
Complain lodging
-
The consumer,
whose right has been violated, submits complain to state
bodies, responsible for the consumers’ protection, to the
consumers’ associations as well as to the judicial organs.
-
State organs
responsible for the consumers’ protection and the
consumers associations, when observing infringement upon law
requirements, turn to the producer, seller, services
supplier and provider with a request to apply the law.
Article 55
People’s Advocate
The consumers and their associations, claiming their
rights have been infringed upon by unlawful and improper actions
or failures to act on the side of public administration bodies,
lodge a complain with the People’s Advocate, pursuant to law
no. 8454, dated 04.02.1999, “On the People’s Advocate”.
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