FLASH
Shkruar nga Pamfleti
Members of the Constitutional Court are waiting for signals from internationals before taking a sovereign decision to suspend the deputy prime minister, compromising the authority of the institution.
The Constitutional Court postponed the consideration of Edi Rama's request for the Balluku case until December 12 without any legal reason. The postponement coincides with the day when the High Prosecutorial Council elects the new head of SPAK, which shows that the members of the constitutional body are waiting for the guidance of internationals before interpreting the law. Meanwhile, the Constitutional Court had the opportunity to act immediately and decide quickly, but it conditioned the agenda with the SPAK processes, losing the autonomy provided for by the Constitution.
The Constitutional Court's delay in reviewing the Balluku case has only one explanation. The members of the institution that interprets the fundamental law are reluctant to make a sovereign decision. The Constitutional Court had no reason to postpone the review of the Prime Minister's request to overturn the GJKKO decision that suspended the government's number two.
It could immediately convene the plenary session, as in the case of Erion Veliaj, call the parties, give the session live and each member could ask the questions they wanted. After closing the session, it could take two or three days to decide with calm and reflection. The postponement until December 12 has nothing to do with the acts and facts of the case. It is an unjustified withdrawal.
The members of the Constitutional Court are not taking a normal stance to separate the wheat from the chaff. They are waiting for a signal from the election of the new head of SPAK. The High Prosecutorial Council has decided to interview the four candidates on December 11 and is expected to vote on the new head of the Special Prosecutor's Office on the 12th.
On this very date, the day the new head of SPAK is elected, the Constitutional Court has postponed the start of the review of Edi Rama's request. The reason for this "coincidence" is clear. The members of the Constitutional Court want to see where the internationals are moving before making a decision. An action that refutes any claim to autonomy and independent conviction.
The members of the most important judicial body have the opportunity to make a decision that does not simplify the matter in the SPAK-prime minister relationship. They can make a comprehensive decision that creates a norm on how the judiciary and the government should behave in such cases, interpreting the Constitution. The Constitutional Court has no other option regarding the suspension of the deputy prime minister, because no court can remove or appoint other institutions. But it can give an interpretation that guides the government on how it should behave in relation to the investigations conducted by SPAK.
By conditioning the agenda on the election of the head of SPAK, the members of the Constitutional Court have surrendered their autonomy, independence and authority./ Pamphlet
Po o Pamfleti i Leshit.Gjykata nuk emeron e as shkarkon po pezullon hajdutet nga vjedhjet e metejshme. Pezullimi i Ballukut eshte plotesisht i ligjshem dhe me pas pritet pezullimi dhe arrestimi i Bablokut si kreu i grupit te strukturuar kriminal ne te pakten kater dosje.