Fundamental Statute of the Kingdom of Albania - 4 June 1939^*

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Text of the Statute signed by His Majesty the King-Emperor and handed to His Excellency Shevket Verlafi, Prime Minister and Head of the Albanian Delegation in Rome, on June 3, 1939 (year XVII)

* The 1939 Constitution was forced on Albania by an invading, occupying power and not recognized by a majority of the international community.

(Translation)

Victor Emmanuel III

By the grace of God and the will of the nation, King of Italy and Albania, Emperor of Ethiopia.

In accepting the offer of the Crown of Albania, decided by the Constituent Assembly, gathered at Tirana on 12 April 1939 (year XVII), we have undertaken the high duty of interesting ourselves in our Albanian sons and leading this noble people, revived under. the emblem of the victor towards its higher destinies.

Taking into consideration that, to attain these objectives, it is absolutely necessary to fix the structure of the state in harmony with the highest national interests, we have decided to bestow on our beloved Albanian people a fundamental statute as token of our love and paternal care. Being inspired by these feelings we have decreed and decree -

Fundamental Statute of the Albanian Kingdom

Art. 1. The Albanian state is ruled by a monarchical constitutional government.

The throne is hereditary, according to the Salic law, in the dynasty of His Majesty Victor Emmanuel III, King of Italy and Albania, Emperor of Ethiopia.

Art. 2. The Albanian flag is red with a double-headed black eagle in the middle and the emblem of the lictorial fasces.

Art. 3. The official language of the state is Albanian.

Art. 4. All religions are respected. The free exercise of worship and its outward practice is guaranteed in conformity with the laws.

Art. 5. The legislative power is exercised by the King in collaboration with the superior fascist corporative council.

Art. 6. The executive power appertains to the King.

Art. 7. Justice emanates from the King and is administered his name by the judges whom he appoints.

Art. 8. The interpretation of the laws, in manner binding on all, appertains exclusively to the legislative power.

Art. 9. The organisation of municipal and provincial institutions is determined by law.

Chapter II. - The King

Art. 10. The person of the King is immune and inviolable.

Art. 11. The King is of age when he has completed his year.

During the minority of the King. or in case the King, being of age, cannot reign owing to physical incapacity, the powers of the King shall be exercised by a Regent. The Regency shall appertain to the Regent of the Italian Kingdom.

Art. 12. The King may nominate a Lieutenant-General. The Lieutenant-General shall exercise all the powers of King, with the exception of those which the King reserves expressly to himself.

Art. 13. The King is the supreme head of the state; he commands the armed forces; declares war; concludes peace; makes international treaties, notifying the superior fascist corporative council as soon as the interest and security of the state permit.

Art. 14. The King appoints to all offices of state.

Art. 15. The King makes the necessary decrees and regulations for the application of the laws and for controlling the organisation and functioning of the state administrations.

When reasons of strict and absolute necessity require it, the King may apply dispositions which have the force of law. In this case the Royal decree shall be presented to the superior fascist corporative council to be converted into law.

Art. 16. The initiation (proposal) of laws appertains to the King and to the superior fascist corporative council. But the initiation of laws which have a constitutional character or which increase expenditure appertains only to the King.

Art. 17. The King gives binding effect to and promulgates the laws.

Art. 18. The King may grant pardon and amend punishments.

Art. 19. The King may create orders of chivalry and determine their statutes.

Art. 20. The King may grant titles of nobility.

Art. 21. Nobody may accept decorations, titles or pensions from a foreign state without the consent of the King.

Chapter III. - The Government of the King

Art. 22. The King nominates and dismisses the ministers secretaries of state. They are responsible for all the acts and transactions of their ministries.

Art. 23. The King. when he considers it necessary. may call a meeting of and preside over the council of ministers.

Art. 24. The ministers secretaries of state have always free access to the superior fascist corporative council and at their request must be heard.

Art. 25. The laws and acts of the government have no validity except when they bear the signature of a minister.

Chapter IV. - Superior Corporative Fascist Council

Art. 26. The superior fascist council consists of the members of the central council of the Albanian fascist party and of the effective members of the central council of corporative economy.

The composition of the central council of the Albanian fascist party and that of the central council of corporative economy cannot be changed except by law.

Art. 27. The councillors must have. the following qualifications: -

1. Have attained the age of 25 years.
2. Enjoy civil and political rights.
3. Possess the other qualifications required by law.

Art. 29. The councillors before being admitted to the exercise of their functions take the oath that they will be loyal to King, that they will loyally respect the statute and the laws of the state, and that they will exercise their functions with the sole object of the inseparable welfare of the King and the country.

Art. 30. The councillors are entitled to annual emoluments which are determined by law.

Art. 31. The councillors vacate their office when they vacate the functions which they exercise in the councils which together form the superior fascist corporative council.

Art. 32. The superior fascist corporative council is convoked by the King. It further appertains to the King to fix the sessions and to prorogue them.

Art. 33. The president and vice-president of the superior fascist corporative council are nominated by the King. The president of the superior fascist corporative council makes nominations to the other offices provided for in the regulations of superior council.

Art. 34. No subject may be put on the agenda of the superior fascist corporative council without the authorisation of King.

Art. 35. The sessions of the superior fascist corporative council are held publicly. But when the ministers request it the council may decide in secret.

Art. 36. Voting always takes place in an open manner.

Art. 37. Bills (projects of law) approved by the superior fascist corporative council are presented to the King for his sanction.

The King may refuse his sanction. He may also call a second discussion of bills.

Art. 38. The superior fascist council determines by an internal regulation of its own the manner according to which it shall exercise its own attributions.

Art. 39. The superior fascist corporative council has the right to impeach the ministers of the King for offences committed in the exercise of their functions and to bring them before the high court of justice.

Chapter V. - Judicial Order

Art. 40. The organisation and competence of the tribunals are determined by law.

Art. 41. The Judges are independent in the exercise of their functions. They are irremovable subject to the law on judicial organisation.

Art. 42. Nobody may be withdrawn from the jurisdiction of his natural judges. Consequently extraordinary tribunals may not be created except in cases provided for by law.

Art. 43. To judge ministers accused by the superior fascist corporative council the high court of justice is created.

The court is composed of nine members nominated by the King. The rules regarding the organisation of the high court of justice and the exercise of its attributions are determined by law.

Art. 44. The hearings of the courts in civil and penal matters are held publicly. and in conformity with the law.

Chapter VI. - The Rights and Ditties of Citizens

Art. 45. All citizens are equal before the law. They enjoy civil and political rights and are admitted in civil and military offices, except for the exemptions determined by law.

Art. 46. All citizens without exception contribute in proportion to their means to the burden of state expenditure.

Art. 47. No one shall be subject to any payment except as provided for by law.

Art. 48. Military service is obligatory for all in conformity with the law on recruiting the army.

Art. 49. Personal liberty is guaranteed. Nobody may be arrested and sent before a court except in cases provided by the law and in the form it orders.

Art. 50. The place of residence is inviolable. No residence may be forcibly entered except in conformity with the law and in the manner provided for by the law.

Art. 51. The press is free. subject to a law prohibiting its abuse.

Art. 52. All property without exception is inviolable. Nevertheless. when the public interest, legally verified. requires it, property may be ceded fully or partially on payment equitable compensation in conformity with the law.

Chapter VII - Final Provisions

Art. 53. All laws conflicting with this statute are abrogated.

Art. 54. This statute shall enter into force on the 4th June 1939 (Year - XVII).

Given in Rome on 3 June 1939.

Sources

British and foreign state papers, 1939. Vol. 143, London: His Majesty's Stationary Office, 1951, pp. 327-332.

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