almanac on security sector oversight in the Western Balkans

2 . The constitutional and political setting
According to the 1998 Albanian Constitution, political power is shared among three
branches: legislative, executive and judicial. The executive is elected by parliament
and the power is shared between the government and president. The government
is elected by parliament by absolute majority of all members while the president is
elected with at least a three-fifths majority of all members. 5 The legislative process is
shared among the government, parliament and president. The government proposes
draft laws to parliament, and the president ratifies all laws adopted by parliament
with the right of one veto. The head of government is the prime minister, who together
with ministers forms the Albanian Council of Ministers (CoM). The decisions
adopted by the CoM are the most important normative acts, after laws adopted by
parliament. 6
Despite these balanced constitutional provisions, the executive, and prime minister
in particular, have sought to control the legislature and judiciary and over time have
emerged as the dominant actors. Through tight control over their parties, 7 prime ministers
have controlled ministers and decisions of the CoM. As a result, the role of ministers
is mainly limited to implementation and much less in policy choices and decision
making.
The dominant position of prime ministers also has affected their relations with the
presidents. The constitutional power of the president to appoint or nominate heads
of security institutions and of the judiciary has generated conflicts with prime ministers
who have viewed these appointments as a means to assert control over these
institutions. 8
Lack of democratic tradition and large political majorities formed after all elections
of the last twenty years have favoured strong governments. This has resulted in a
political culture with little space for consensus. The majority in parliament typically
endorses laws and policies with little debate while the opposition flatly rejects or boy-
5 The objective of winning three-fifths of parliament to elect the president had distorted the Albanian
political processes for more than a decade. 2008 constitutional amendments allow for presidential
election with absolute majority in the third round in case of failure of the first two in which qualified
majority is required. The amendments have sparked mixed reactions and are seen as an attempt of the
main political parties to control the presidency.
6 The CoM may not issue regulations for laws related to the judiciary, legislature and some independent
institutions.
7 Due to weak party structures in Albania, chairpersons of the political parties have been able to accumulate
near absolute power which they exercise formally and/or informally. Party chairs nominate
candidates for parliamentary elections, the cabinet ministers and even the speaker of parliament and
the presidents.
8 Presidents have the authority to appoint the Chief of Staff of the Albanian Armed Forces,
the Director of the State Intelligence Service, the Prosecutor General and all prosecutors,
members of the Albanian Constitutional Court and High Court, with the consent
of the assembly, and all of the judges on the proposal of the High Council of Justice.
In addi tion, the presi dents’ power to promulgate laws has proven to be important especially when
laws are controversial and approved by thin majorities.
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