Costituzione 21 ottobre 1998

Costituzione, 21 ottobre 1998.

We, the people of Albania, proud and aware of our history, with responsibility for the future, and with faith in God and/or other universal values,

with determination to build a social and democratic state based on the rule of law, and to guarantee the fundamental human rights and freedoms,

with a spirit of tolerance and religious coexistence,

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We establish this Constitution:

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Art. 3

The independence of the state and the integrity of its territory, dignity of the individual, human rights and freedoms, social justice, constitutional order, pluralism, national identity and inheritance, religious coexistence, as well as coexistence with, and understanding of Albanians for, minorities are the bases of this state, which has the duty of respecting and protecting them.

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Art. 9

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2. Political parties and other organizations, the programs and activity of which are based on totalitarian methods, which incite and support racial, religious, regional or ethnic hatred, which use violence to take power or influence state policies, as well as those with a secret character, are prohibited pursuant to the law.

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Art. 10

1. In the Republic of Albania there is no official religion.

2. The state is neutral in questions of belief and conscience, and also, it guarantees the freedom of their expression in public life.

3. The state recognizes the equality of religious communities.

4. The state and the religious communities mutually respect the independence of one another and work together for the good of each of them and for all.

5. Relations between the state and religious communities are regulated on the basis of agreements entered into between their representatives and the Council of Ministers.
These agreements are ratified by the Assembly.

6. Religious communities are juridical persons. They have independence in the administration of their properties according to their principles, rules and canons, to the extent that interests of third parties are not infringed.

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Art. 16

1. The fundamental rights and freedoms and the duties contemplated in this Constitution for Albanian citizens are also valid for foreigners and stateless persons in the territory of the Republic of Albania, except for cases when the Constitution specifically attaches the exercise of particular rights and freedoms with Albanian citizenship.

2. The fundamental rights and freedoms and the duties contemplated in this Constitution are valid also for juridical persons so long as they comport with the general purposes of these persons and with the core of these rights, freedoms and duties.

Art. 17

1. Limitations of the rights and freedoms provided for in this Constitution may be established only by law, in the public interest or for the protection of the rights of others. A limitation shall be in proportion to the situation that has dictated it.

2. These limitations may not infringe the essence of the rights and freedoms and in no case may exceed the limitations provided for in the European Convention on Human Rights.

Art. 18

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2. No one may be unjustly discriminated against for reasons such as gender, race, religion, ethnicity, language, political, religious or philosophical beliefs, economic condition, education, social status, or ancestry.

3. No one may be discriminated against for reasons mentioned in paragraph 2 if reasonable and objective legal grounds do not exist.

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Art. 20

1. Persons who belong to national minorities exercise in full equality before the law the human rights and freedoms.

2. They have the right to freely express, without prohibition or compulsion, their ethnic, cultural, religious and linguistic belonging. They have the right to preserve and develop it, to study and to be taught in their mother tongue, as well as unite in organizations and societies for the protection of their interests and identity.

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Art. 24

1. Freedom of conscience and of religion is guaranteed.

2. Everyone is free to choose or to change his religion or beliefs, as well as to express them individually or collectively, in public or private life, through cult, education, practices or the performance of rituals.

3. No one may be compelled or prohibited to take part or not in a religious community or in religious practices or to make his beliefs or faith public.

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Art. 166

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2. The citizen, who for reasons of conscience refuses to serve with weapons in the armed forces, is obliged to perform an alternative service, as provided by law.

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Art. 134

1. The Constitutional Court is put into motion only on the request of:

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h. organs of religious communities;

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2. The subjects provided for in subparagraphs ‘f’, ‘g’, ‘h’, ‘i’, and ‘j’ of paragraph 1 of this article may make a request only for issues related with their interests.

(Omissis)