FLASH
Shkruar nga Pamfleti
For about two hours, an open session has been taking place at the Constitutional Court regarding the Balluku case, while representatives of the Prime Minister's Office and the Parliament are demanding the annulment of the GJKKO decision to suspend the Deputy Prime Minister, describing it as a violation of the powers of one branch of government by another.
Herald Jonuzaj, legal director at the Prime Minister's Office, emphasized the argument that the work of the Council of Ministers was being undermined by the suspension of Belinda Balluku. He said that this task cannot be transferred to the competence of the deputy minister.
He emphasized that the special status in legal relations does not refer to immunity, but to procedural rules that must be followed in certain cases. Jonuzaj also emphasized that the Council of Ministers cannot delegate the powers of the minister within the body, as this would completely change the structure and the Ministry would have to be dissolved.
Member of the Constitutional Court: Does the deputy minister have the opportunity to propose draft acts?
Herald Jonuzaj: The Deputy Minister cannot propose acts to the Council of Ministers, he is prohibited from doing so. Acts are proposed only by the minister.
Member of the Constitutional Court: Since the Constitutional Court lifted the suspension of office, how many draft acts have been proposed by the relevant minister so far?
Herald Jonuzaj: I don't have the exact figure, but it could have been over 50, since the suspension was lifted.
Member of the Constitutional Court: Can a decision be made to delegate the minister's powers to another body within the Council of Ministers?
Herald Jonuzaj: The Council of Ministers cannot delegate the powers of one ministry to another, but the portfolio of that ministry must be transferred to another ministry, so there must be a restructuring of the entire Council of Ministers or the Prime Minister must take the portfolio of the Minister of Infrastructure and Energy, which would de facto lead to the dismissal of the minister.
Member of the Constitutional Court: Although this could be done with a temporary determination that does not imply dismissal?
Herald Jonuzaj: It cannot be done temporarily because the ministry functions with a minister, with a head. The head proposes acts to the Council of Ministers. The entire structure for the composition of the Council of Ministers must be changed by merging one ministry with another or by combining the portfolio of the ministry, as happened in 2019 when the prime minister also took over the portfolio of the foreign minister. For this, a decree was issued by the president and approved in the parliament.
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