Constitution of Albania (approved by referendum on November 22, 1998)

Document type
Legislation
Country
(1) According to Article 22, freedom of expression and freedom of the press, radio and television are guaranteed. Prior censorship of means of communication is prohibited. The law may require authorization to be granted for the operation of radio or television stations. 
(2) The Constitution contains a special provision (Article 17), which provides for the regulation of the limitations of all human rights and fundamental freedoms, including the freedom of expression. Limitations of Constitutional rights and freedoms may be established only by law in the public interest or for the protection of the rights of others. The restriction must be proportionate to the situation that has dictated it. These limitations may not infringe the essence of freedoms and rights and in no case may exceed the limitations provided for in the European Convention on Human Rights. This article, by defining the cases and conditions as may restrict the rights and fundamental freedoms, in fact reinforces the constitutional guarantee of these rights, while avoiding arbitrary restrictions of their own. Thus Article 17 has determined that the conditions for limiting the rights are:
  • The restriction must be prescribed by law.
  • Limits should be placed on protecting the rights of others.
  • Limits should be in accordance with the situation that has dictated it.
  • Limit must not violate the essence of freedoms and rights.
  • Limitation in any case should not exceed the limits laid down in the European Convention of Human Rights.
Country
Year
1998
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Type of law
Constitutional