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Shkruar nga Pamfleti
The Criminal Panel of the Constitutional Court will meet next week to make a decision regarding Belinda Balluku.
In this way, the College will determine whether the decision taken by the GJKKO, to suspend Balluk from government functions, following the request of SPAK, is or is not in accordance with the Constitution. The rapporteur of the case is Sandër Beci.
SPAK requested the suspension of Balluk from government functions (as Minister of Infrastructure and Deputy Prime Minister) after she was informed of the charges and was named as a defendant in connection with the Llogara Tunnel.
Following the GJKKO decision, the Government and Prime Minister Edi Rama appealed to the Constitutional Court, describing it as anti-constitutional and an interference by one power against another.
In the appeal filed on this issue with the Constitutional Court, the Prime Minister motivates his finding with the fact that the decision "violates the guarantee of immunity of the member of the Council of Ministers, who, according to point 3, article 103, of the Constitution, enjoys the immunity of a deputy."
According to the reasoning, “this constitutional provision has recognized the minister with the same guarantees, including procedural ones, that the deputy has, guarantees that are necessary for the functioning of the minister himself and the Council of Ministers, as the highest constitutional, independent executive body”. For this reason, according to the complaint, “if the suspension from duty of the deputy cannot be judicially imposed, this suspension cannot be imposed on the member of the Council of Ministers either, because otherwise the very state activity of the executive that he leads would be suspended”.
In its decision, the GJKKO refers to Article 242 of the Code of Criminal Procedure, which provides for the suspension of the exercise of a duty. Point 2 of it stipulates that “this measure does not apply to persons elected under the electoral law.” And according to the Court, Balluku’s rights as a deputy are not violated.
But according to the government, "since Article 103 of the Constitution guarantees the equality of the two subjects in constitutional rights, even more so the equality in legal rights regarding the exercise of functions cannot be questioned. This paragraph, just as it prohibits the suspension from office of 'elected' persons, also prohibits the suspension of members of the Council of Ministers."
According to the Government, "immunity, being considered not a personal guarantee, but a constitutional means to ensure normal functioning, implies the performance of duty in an inviolable manner. Since the Constitution 'equalizes' the member of the Council of Ministers with the deputy, then the exercise of the duty of the minister is also inviolable."
As a result, according to the government, the GJKKO has made "not only an incorrect interpretation of Article 242 of the Code of Criminal Procedure", but, as a result, is "also in violation of the constitutional guarantee of point 3, Article 103, of the Constitution, which provides that a member of the Council of Ministers enjoys the immunity of a deputy".
The Prime Minister's appeal points out that the decision of the Special Court for Balluk "violates the principle of separation of powers, by deciding to suspend the minister from his duties, as a constitutional body of another power, and hinders the activity of the Council of Ministers", as well as "interferes with the powers of the constitutional bodies that carry out the proposal, appointment and approval of the minister in office".
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