FLASH
Shkruar nga Ylli Pata
The SP's act, with its bolding in the Code of Procedure prohibiting suspension, is more likely to open a devil's nest than to close a debate.
The "enforcement" of the Criminal Procedure Code regarding the issue of the suspension of ministers is not really a real measure that changes the current format of justice.
Even today, in the legal map since the Constitution, the minister has the same treatment as the deputy, as the fundamental law of the state speaks of elected persons.
The precedent that brought this article of the constitution into public debate was a few years ago, when Ilir Meta, as President, did not appoint Gent Cakaj as Foreign Minister.
Meta, also through the experts who advised him, emphasized that a candidate for minister must meet the conditions of being elected as a member of parliament, referring to the constitutional article.
Accordingly, the essence of the minister's status in line with that of the parliamentarian could be said to have been reconfirmed on this occasion. But SPAK gave it another direction when it requested the suspension of Belinda Balluku from the position of minister, which was also confirmed by the GJKKO in the session for the assignment of the security measure.
Then came the government's battle in the Constitutional Court, which is known to have had the impact that in international political parlance is referred to as the "Mexican standoff."
The SP's act, with its bolding in the Code of Procedure prohibiting suspension, is more likely to open a devil's nest than to close a debate.
However, this bold move, while necessary, will have many political and especially diplomatic clashes. Mainly from the European Union, whose spokesperson spoke quite strongly last week, or Germany, whose ambassador met with the head of SPAK last weekend.
In other words, the noise has been made, and it will likely continue. The majority, namely Edi Rama, is aware of this, but has decided to take a step, with which he is also waging a strong public and non-public battle not only with SPAK, but also with the internationals.
In this logic, since, as old Mere says, "the big ball has broken", why not engage in a debate or discussion to change or correct not only the Code of Procedure, but also other problems, mainly in the issue of preventive detention, or other parts of security measures, seizures, elements of evidence in the process, etc.
Of course, if this process is entered into, the majority cannot simply enter the sea on foot, even though it has the votes in the Assembly, as a public debate is needed, even though there cannot be consensus in this tense situation.
And when the situation is tense, the most normal solution would be to go to the people, in a referendum with a specific question. Italy is doing it next week.
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