CCPR/C/121/D/2837/2016 administrative bodies according to the Code of Administrative Procedures 19 and, further, for the right of appeal to the court. The State party affirms that the authors’ claim that they did not have at their disposal adequate and effective remedies to challenge and suspend their eviction or ensure the provision of alternative accommodation is unfounded. 4.3 The State party explains that the Constitution of the Republic of Albania and the domestic legislation guarantee the fundamental rights and freedoms, equality before the law and the right of individuals to appeal acts before the administrative and judicial bodies. Specifically, the Constitution provides that “the fundamental rights and freedoms are indivisible, inalienable and inviolable and stand on the foundations of the entire legal order”. The public bodies, in accomplishment of their duties, must respect the fundamental rights and freedoms and contribute to their implementation (art. 15). According to article 18 of the Constitution, everyone is equal before the law, without any discrimination. Limitations of the rights and freedoms stipulated in the Constitution can be imposed only by law for the public interest or for the protection of others’ rights. The restriction must be proportionate to the situation that has dictated it (art. 17). Under article 42 of the Constitution, the rights recognized by the Constitution and by the law cannot be infringed without an appropriate legal process. In defence of their legal and constitutional rights, freedoms and interests, or in the case of charges brought against them, everyone has the right to a fair and public hearing within a reasonable period by an independent and impartial court defined by the law. Article 43 of the Constitution guarantees the right of individuals to appeal against a court decision to a higher court, unless otherwise provided by the Constitution. 4.4 The State party maintains that after receiving the notifications and information from the Municipality of Tirana, according to the Albanian legislation the authors had the opportunity to challenge, administratively and legally, the acts and actions undertaken by the municipality. The authors have not exhausted the necessary remedies to legally and administratively challenge the acts and actions carried out by the structures of the municipality. 4.5 The State party further submits that the Code of Administrative Procedures is applied by all the bodies of public administration performing acts in the exercise of their functions. According to the code, the local government bodies which perform administrative functions are also public administration bodies. Anyone who has a legitimate interest has the right to participate personally and/or be represented in the administrative proceedings. Pursuant to the code, the administrative bodies take decisions concerning all cases within their jurisdiction submitted by private citizens, i.e., cases dealing directly with private citizens; and any petition, request or claim concerning a violation of the Constitution and the law or the protection of public interests. In connection with the present communication, no petition, request or claim has been submitted by the authors to the Municipality of Tirana. 4.6 The Code of Administrative Procedures contains provisions in relation to administrative proceedings. 20 The authors of the present communication, as interested parties, have the right to initiate an administrative proceeding before the Municipality of Tirana. In relation to administrative appeal, article 135 of the code provides that private persons have the right to seek revocation, repeal and modification of administrative acts in accordance with the rules established by the code. This right may be exercised through an informal request to the body responsible for the act or through an appeal to the authority which issued the challenged act. Under article 137 on administrative appeal, any concerned party has the right to appeal against an administrative act. The administrative body to which the complaint is addressed reviews the legality and appropriateness of the challenged act. In principle, the parties concerned may address the court after having exhausted the administrative recourse. 19 20 6 Adopted by law No. 8485 of 12 May 1999. The code was in force until 28 May 2016, when the new Code of Administrative Procedures, adopted by law No. 44/2015 of 30 April 2015, entered into force. The new Code of Administrative Procedures was published in Official Gazette No. 87 of 28 May 2015 and entered into force one year after its publication. Part V, General provisions of administrative proceedings, arts. 46 ff.