The state carries out extensive ideological and cultural activity for the communist education of the working people, for the moulding of the new man.
The state takes special care of the allround development and education of the younger generation in the spirit of .socialism and communism.
Education in the People's Socialist Republic of Albania is organized and run by the state, is open to all and free of charge; it is built on the basis of the Marxist-Leninist world outlook and combines lessons with productive work and physical and military training.
Education follows the best traditions of the Albanian national secular school.
The state organizes and directs the development of science and technology in close connection with life and production in the service of the progress of society and defence of the homeland.
The state supports the dissemination of scientific knowledge among the masses and drawing them extensively into scientific research activity.
The state protects the cultural heritage of the people and cares for the allround development of the socialist national culture.
The state supports the development of the literature and art of socialist realism, which uphold the ideals of socialism and communism and are permeated by the national and people's spirit.
The state works for the development of physical culture and sports on the basis of the mass movement for the strengthening of the health of the people, especially of the younger generation, for tempering them for work and defence.
The state recognizes no religion whatever and supports atheist propaganda for the purpose of inculcating the scientific materialist world outlook in people.
THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
Citizens of the People's Socialist Republic of Albania are those who have Albanian citizenship according to the law.
The rights and duties of citizens are built on the basis of the reconciliation of the interests of the individual and the socialist society, giving priority to the general interest.
The rights of the citizens are inseparable from the fulfilment of their duties and cannot be exercised in opposition to the socialist order.
The further extension and deepening of the fights of citizens are closely linked with the socialist development of the country.
All citizens are equal before the law.
No restriction or privilege is recognized on the rights and duties of citizens on account of sex, race, nationality, education, social position or material situation.
The woman, liberated from political oppression and economic exploitation, as a great force of the revolution, takes an active part in the socialist construction of the country and the defence of the homeland.
The woman enjoys equal rights with man in work, pay, holidays, social security, education, in all social-political activity, as well as in the family.
Protection and development of their people's culture and traditions, the use of their mother tongue and teaching of it in school, equal development in all fields of social life are guaranteed for national minorities.
Any national privilege and inequality and any act which violates the rights of national minorities is contrary to the Constitution and is punishable by law.
Citizens who reach the age of 18 years have the right to elect and to be elected to all the organs of state power.
The only persons excluded from electoral rights are those deprived of them by decision of the court and those who are mentally incompetent and declared as such by the court.
In the People's Socialist Republic of Albania citizens have the right to work, which is guaranteed by the state.
Work is a duty and honour for every able-bodied citizen.
Citizens have the right to choose and exercise their profession according to their capacity and personal inclination, and in accordance with the needs of the society.
Citizens enjoy the right of rest after work. The working day and working week and the paid annual holiday are regulated by law.
Rest homes, houses of culture, and other centres of this kind are created for and are put in service of, the working people.
Citizens of town and country are guaranteed the necessary material means of livelihood in old age, in case of illness or loss of ability to work.
The state takes under special care the invalids of the National Liberation War, of the struggle in defence of the homeland and invalids from work, and creates the conditions for their rehabilitation.
The young children of those fallen in defence of the country and in the socialist construction are under the care of the state.
The state guarantees to citizens the necessary medical services as well as medical treatment in the health centres of the country, free of charge.
Mother and child enjoy special solicitude and protection.
A mother is entitled to paid leave prior to and after childbirth.
The state opens maternity homes and creches and kindergartens for the children.
Marriage and the family are under the care and protection of the state and society.
Marriage is contracted before competent state organs.
The parents are responsible for the upbringing and communist education of the children.
The children are duty bound to care for parents who are disabled and lack the necessary means of livelihood.
Children born out of wedlock have the same rights and duties as children born within marriage.
The children bereaved of their parents and without support are brought up and educated by the state.
Citizens enjoy the right to personal property.
The right of inheritance is regulated by law.
The state guarantees the freedom of scientific work and literary and artistic creativeness.
Author's rights are protected by law.
Citizens have the right to education.
Eight-grade education is universal and compulsory. The state aims at raising the level of compulsory education for everybody.
Citizens enjoy the freedom of speech, the press, organization, association, assembly and public manifestation.
The state guarantees the realization of these freedoms, it creates the conditions for them, and makes available the necessary material means.
The right to join various organizations which operate in the political, economic, cultural as well as in any other field of the country's life, is guaranteed to the citizens.
The creation of any type of organization of a fascist, anti-democratic, religious, and anti-socialist character is prohibited.
Fascist, anti-democratic, religious, war-mongering, and anti-socialist activities and propaganda, as well as the incitement of national and racial hatred are prohibited.
The state guarantees the inviolability of the person.
Nobody can be arrested without the decision of the court or the approval of the prosecutor. In special cases envisaged in the law the competent organs can detain a person for a maximum of 3 days.
Nobody can be sentenced penally without the verdict of the court or for an act which is not envisaged by the law as a crime.
Nobody can be sentenced without being present at court apart from when it has been legally proved that he is missing.
Nobody can be interned or expelled except in special cases envisaged by the law.
The home is inviolable. No one is permitted to enter another person's home without the approval of the respective person, apart from representatives of the competent state organs and under the conditions defined by law.
The secrecy of correspondence and other means of communication cannot be violated, except in the cases of the investigation of a crime, a state of emergency, or of war.
Citizens enjoy the right to make requests, complaints, remarks and proposals to the competent organs over personal, social, and state affairs.
According to the conditions defined by law, citizens have the right to demand compensation from the state or its officials for the damage caused by the illegal activities of the state organs and its employees in the exercise of their duty.
The citizens are obliged to respect and implement the Constitution and other laws.
The preservation and strengthening of the socialist order and the implementation of the rules of socialist co-existence are a duty for all the citizens.
Citizens have the duty to protect and strengthen socialist property.
Violation of socialist property constitutes a grave crime.
The defence of the socialist Homeland is the supreme duty and the greatest honour for all citizens.
Betrayal of the Homeland is the most serious crime.
Military service and the constant training for the defence of the socialist Homeland are duties for all the citizens.
Albanian citizens abroad enjoy the care and are under the protection of the state.
The right of sanctuary in the People's Socialist Republic of Albania is granted to foreign citizens who are persecuted on account of their activity in favour of the revolution and socialism, of democracy and national liberation, or the progress of science and culture.
THE SUPREME ORGANS OF THE STATE POWER
A. THE PEOPLE'S ASSEMBLY
The People's Assembly is the supreme organ of state power, the bearer of the sovereignty of the people and the state and the sole law-making organ.
The People's Assembly has the following main competences:
it defines, in conformity with the general line and the orientations of the Party of Labour of Albania, the main directions of the internal and external policies of the state;
it approves and amends the Constitution and the laws, decides on the conformity of the laws with the Constitution, and interprets the laws;
it approves the plan for the economic and cultural development of the country and the state budget;
it proclaims partial and general mobilization, the state of emergency, as well as the state of war in case of armed aggression against the People's Socialist Republic of Albania, or when this is necessary to fulfil the obligations deriving from international treaties;
it ratifies and denounces international treaties of special importance;
it grants amnesty;
it decides on popular referendums;
it elects, appoints, and dismisses the Presidium of the People's Assembly, the Council of Ministers, the Supreme Court, the Attorney General and his deputies. These organs are responsible to the People's Assembly and render account to it;
it defines the administrative territorial structure;
it decides on the creation or dissolving of ministries.
The People's Assembly is comprised of 250 deputies who are elected in constituencies with an equal number of inhabitants.
The People's Assembly is elected for a term of 4 years.
The People's Assembly holds its first session no later than two months from the day of its election.
The elections to the People's Assembly are held no later than three months from the day its mandate ends.
In case of war or in similar state of emergency, the People's Assembly may continue its activity beyond the normal term as long as the state of emergency continues.
In special instances, the People's Assembly may decide its dissolution before the completion of the term for which it has been elected.
The People's Assembly elects its Presidential Council.
The activity of the People's Assembly is carried out according to the rules approved by it.
The People's Assembly meets in normal session twice per year by decree of the Presidium of the People's Assembly.
The People's Assembly may be summoned in extraordinary session by decree of the Presidium of the People Assembly or at the request of one-third of the deputies.
The meetings of the People's Assembly open when the majority of the deputies are present.
The People's Assembly elects from its ranks permanent and temporary commissions.
At its first session the People's Assembly elects a commission for the examination of the mandates of the deputies. At the proposal of this commission the People's Assembly confirms or annuls the mandates of the deputies.
The permanent commissions have the duty to examine the bills and decrees of a normative character of the Presidium of the People's Assembly, to observe and control the activity of the state organs according to their respective sectors and to present problems to the People's Assembly or the Presidium of the People's Assembly. The temporary commissions are created for special questions.
It is the duty of the deputy to the People's Assembly to serve the interests of the people, and the cause of the Homeland and socialism conscientiously and loyally, to maintain close contact with his electors, and render account to them.
The deputy to the People's Assembly has the right to demand explanations from all the state organs and to intervene with them for the precise implementation of the Constitution and laws.
The state organs are obliged to examine the requests and proposals by the deputies and to reply to them within defined regulations.
The deputy to the People's Assembly enjoys immunity.
The deputy cannot be detained, arrested, or suffer penal punishment, without the approval of the People's Assembly or the Presidium of the People's Assembly, apart from cases in which a grave crime has obviously been committed.
The right to initiate legislation belongs to the Presidium of the People's Assembly, to the Council of Ministers, and the deputies.
The laws and other acts of the People's Assembly are considered approved when the majority of the deputies present have voted for them.
The laws are proclaimed no later than 15 days after their approval and enter into force 15 days after their proclamation in the Official Gazette, apart from occasions when they themselves envisage otherwise.
B. THE PRESIDIUM OF THE PEOPLE'S ASSEMBLY
The Presidium of the People's Assembly is a superior organ of the state power with permanent activity.
The Presidium of the People's Assembly is comprised of the president, 3 vice-presidents, the secretary and 10 members.
The Presidium of the People's Assembly is elected from the ranks of the People's Assembly at its first session and it continues its activity till the election of a new Presidium.
Decisions of the Presidium of the People's Assembly are taken on a majority of votes when a majority of its members is present.
The Presidium of the People's Assembly has these main permanent competences:
it convenes the sessions of the People's Assembly;
it sets the date of elections to the People's Assembly and the people's councils;
it awards decorations and titles of honour;
it accords or revokes Albanian citizenship and accepts the renunciation of it;
it exercises the right of pardon;
it defines the territorial-administrative divisions;
it enters into, international treaties and ratifies and denounces those which are not examined by the People's Assembly itself;
on the proposal of the Council of Ministers it appoints or dismisses diplomatic representatives;
it accepts the credentials and the letters of recall of the diplomatic representatives of foreign states;
it proclaims the laws and referendums decided by the People's Assembly.
Between sessions of the People's Assembly, the Presidium of the People's Assembly exercises these competences:
it controls the implementations of the laws and decisions of the People's Assembly;
it controls the Council of Ministers, the Supreme Court, the Attorney General and any other state organ, and summons them to report;
it appoints or dismisses Vice-Chairmen of the Council of Ministers or individual ministers on the proposal of the Chairman of the Council of Ministers, it appoints or dismisses individual members or the Vice-Presidents of the Supreme Court and the deputies of the Attorney General. In each case the decrees for their appointment or dismissal must be approved by the People's Assembly;
it issues decrees and decisions; the decrees of a normative character are presented for approval to the People's Assembly at its next session;
it makes interpretations of laws and presents them for approval to the People's Assembly at its next session.
when the convening of the People's Assembly is impossible, it proclaims partial or general mobilization, the state of emergency, as well as the state of war in case of armed aggression against the People's Socialist Republic of Albania, or when this is necessary to fulfil the obligations deriving from international treaties. In time of war, in case the convening of the People's Assembly is impossible, the Presidium of the People's Assembly exercises all the competences of the People's Assembly apart from changes in the Constitution.
The Presidium of the People's Assembly directs and controls the activity of the people's councils.
The Presidium of the People's Assembly may disband people's councils, appoint the respective temporary executive committees, as well as decide on the election of a new people's council.
The Presidium of the People's Assembly abrogades the unlawful or irregular acts of the Council of Ministers, of the people's councils and of the executive committees.
THE SUPREME ORGANS OF THE STATE ADMINISTRATION
The Council of Ministers is the supreme executive and administrative organ.
The Council of Ministers is appointed at the first session of the People's Assembly.
The Council of Ministers comprises the Chairman, the Vice-Chairmen and the Ministers.
As a rule, the members of the Council of Ministers are appointed from among the ranks of the deputies to the People's Assembly.
The decisions of the Council of Ministers are taken on the majority of votes, when the majority of its members is present.
The Council of Ministers has the following main competences:
it directs the activity for the realization of the internal and external policies of the state;
it promulgates decisions, ordinances and instructions on the basis of the Constitution and the laws and for their implementation;
it directs and controls the activity of the ministries, other central organs of state administration, and the executive committees of the people's councils, and defines their internal organization;
it works out the draft-plan for the economic and cultural development of the country, the draft- budget of the state, organizes and controls the implementation of the plan and the budget, directs and organizes the finances of the state and the monetary and credit system;
it directs the activity for the fulfilment of duties in the field of the defence of the country, in conformity with the decisions of the Defence Council;
it takes measures for the security, protection, and strengthening of the socialist juridical order and the rights of citizens;
it enters into, and approves international agreements and denounces those international agreements not subject to ratification.
The Council of Ministers abrogates the unlawful or irregular acts of the Ministers and other central organs of the state administration and of executive committees of the people's councils.
The Council of Ministers suspends the implementation of unlawful or irregular decisions of the people's council, and presents the question of their abrogation to the higher people's council, or to the Presidium of the People's Assembly.
The Presidium of the Council of Ministers comprises the Chairman and the Vice-Chairmen of the Council of Ministers.
The Presidium of the Council of Ministers supervises, controls and takes decisions on the implementation of tasks set by the Council of Ministers.
The Chairman of the Council of Ministers represents the Council of Ministers, presides over the meetings and directs its activity.
The ministries are central organs of the state administration, specialized in particular branches of activity, which are directed by members of the Council of Ministers.
The ministers are responsible for the activity of their respective ministries and of the Council of, Ministers, they direct and control the organs, enterprises, institutions and economic organizations of their sector.
On matters within their competences, the ministers issue orders, rules and instructions according to the laws, ordinances and decisions of the Council of Ministers, and for their implementation.
The ministers abrogate the unlawful or irregular ordinances and instructions of the organs, enterprises or institutions dependent on them and suspend the application of the unlawful or irregular decisions of the executive committees of the people's councils, which have to do with their respective sphere of activity, representing the question of their abrogation to the Council of Ministers.
THE DEFENCE OF THE COUNTRY AND THE ARMED FORCES
The state safeguards the victories of the people's revolution and the socialist construction, defends the freedom, national independence and territorial integrity of the country.
The territory of the People's Socialist Republic of Albania is inalienable and its borders are inviolable.
The defence of the Homeland and of the victories of socialism is ensured by the armed people, organized in the Armed Forces, which comprise the People's Army, the forces of the Ministry of Internal Affairs and the People's Voluntary self-defence forces.
The People's Army, as the main force for the defence of the Homeland, is the army of the people and serves the people.
The Armed Forces are led by the Party of Labour of Albania.
The Defence Council is created to direct, organize and mobilize all the forces and resources of the country in defence of the Homeland.
The First Secretary of the Central Committee of the Party of Labour of Albania is the Commander-in-chief of the Armed Forces and Chairman of the Defence Council.
The composition of the Defence Council is defined by the Presidium of the People's Assembly on the proposal of the Chairman of the Defence Council;
No one has the right to sign or accept, in the name of the People's Socialist Republic of Albania, the capitulation or occupation of the country. Any such act is condemned as treason to the country.
The establishment of foreign military bases and the stationing of foreign troops in the territory of the People's Socialist Republic of Albania is prohibited.
THE LOCAL ORGANS OF THE STATE POWER AND STATE ADMINISTRATION
The people's councils are organs of the state power, which carry out the governing of the country in the respective territorial administrative units, with the broad participation of the working masses.
The people's councils direct all social life in the political, economic, social-cultural fields, the defence of the country and the protection of the socialist juridical order, reconciling the local interests with the general state interests.
The people's councils are elected for a term of three years.
The people's council adopts the local plan and budget; from its members it elects the executive committee and the commissions of the council and discharges them; it appoints and discharges the chiefs of the sections of the executive committee; it directs and controls the activity of the people's councils at lower levels. It issues ordinances and decisions within its competences.
The meetings of the people's council open when the majority of its members is present.
The decisions of the people's council are taken on the majority of votes of its members present.
A higher people's council may dissolve a lower level people's council, appoints the provisional executive committee and decides on the elections for a new people's council.
A higher people's council may dismiss the executive committee of a lower level people's council and order a new election.
The people's council abrogates the unlawful or irregular acts of its executive committee, of the lower level people's council and the respective executive committee.
It is the duty of the members of the people's council to serve the people conscientiously and loyally, to maintain close ties with the electors and render account to them. They have the right to control the state organs, enterprises, institutions and agricultural cooperatives and demand from them the precise implementation of the socialist law.
The respective state organs are obliged to examine the remarks of the members of the people's councils and take the necessary measures.
The members of the people's councils enjoy immunity within the territorial unit under the administration of the people's council. They cannot be detained, arrested or subjected to penal prosecution without the consent of the people's council or the executive committee, except in cases when a grave crime has obviously been committed.
The executive committee is the executive and administrative organ of the people's council.
The executive committee continues its activity even after the expiration of the mandate of the people's council which has elected it, until the first meeting of the new people's council.
Between sessions of the people's council, the executive committee exercises the rights and duties of the people's council, with the exception of those which, by law, come within the competence of the people's council alone.
The executive committee renders account to the people's council about its activity, presents its more important decisions for approval, and reports on the implementation of decisions of the people's council.
The executive committee of the people's council is dependent on the people's council which has elected it and the next higher administrative executive organ.
The executive committee of a higher people's council abrogates the unlawful and irregular acts of a lower level executive committee and suspends those of the lower level people's council, presenting the question of their abrogation to the competent people's council.
The specialized organs created under the executive committees are dependent on the people's council, its executive committee, and the higher organs of the state administration, render account to them and to the masses of working people.
THE PEOPLE'S COURTS
The people's courts are the organs which administer justice.
The people's courts protect the socialist juridical order, fight for prevention of crimes, educate the masses of working people to respect and implement the socialist law, relying on their active participation.
At the head of the organs of justice is the Supreme Court which directs and controls the activity of the courts. The Supreme Court is elected at the first session of the People's Assembly. The other people's courts are elected by the people, according to the method defined by law.
Court organization and trial procedure are defined by law.
The courts judge penal and civil cases and other cases which are within their competence according to the law.
Judgment is done with the participation of assistant judges and in public sittings, with the exception of cases when it has been decided otherwise by law.
During the trial the Albanian language is used. Persons who do not know Albanian may use their own language and speak through an interpreter.
The accused enjoys the right of defence.
The court is independent in its judgment of a case, it takes its decision on the basis of the law alone, and it pronounces its verdict in the name of the people.
The verdict may be annulled or amended only by the competent higher court.
THE ATTORNEY GENERAL'S OFFICE
The duty of the Attorney General's Office is to control the precise and uniform implementation of the laws by the ministries and other central and local organs, by the courts, the organs of investigation, enterprises, institutions, organizations, officials and citizens.
The Attorney General's Office has the right to protest against every illegal act and to demand from the respective organs its abrogation or amendment. The request of the Attorney General must be examined within the period defined by law, otherwise the implementation of the act is suspended.
The Attorney General puts before the People's Assembly and before the Presidium of the People's Assembly cases in which the laws and decrees are not in conformity with the Constitution, and it also puts before the Council of Ministers cases in which its decisions and instructions do not conform with the law.
The Attorney General and his assistants are appointed at the first session of the People's Assembly.
The attorneys are appointed by the Presidium of the People's Assembly.
THE EMBLEM, THE FLAG, THE CAPITAL CITY
The emblem of the People's Socialist Republic of Albania bears a black, double-headed eagle, encircled by two sheaves of wheat with a five-pointed red star at the top and which are tied at the bottom with a red ribbon, on which the date »24th May 1944« is inscribed.
The state flag of the People's Socialist Republic of Albania presents a red background with a black double-headed eagle in the middle, above which there is a five-pointed red star, outlined in gold. The ratio between the width and the length of the flag is 1 x 1,4.
The capital of the People's Socialist Republic of Albania is Tirana.
The Constitution is the fundamental law of the state.
All activity for the creation of juridical norms is conducted on the basis of the Constitution and in complete conformity with it.
Proposals for amendments to the Constitution can be presented by the Presidium of the People's Assembly, the Council of Ministers, or by two-fifths of the deputies.
Approval of, or amendments to, the Constitution are done by the People's Assembly by a majority of two-thirds of all the deputies.
This Constitution comes into force immediately.