FLASH
Shkruar nga Pamfleti
Prime Minister Edi Rama, in his podcast "Flasim", has announced that tomorrow, together with Taulant Balla and Ulsi Manjë, they will file the initiative for legal changes related to the powers of the judiciary, following the decision to suspend Minister Belinda Balluku.
"I would like to pause for a clarification on the conclusions of the Parliamentary Group meeting, after the Constitutional Court's non-decision. Once again, the issue is not about the person, but about the principle. About the principle of the non-negotiable separation of powers. The court, in exercising its powers, has the right to impose security measures for any person under investigation. But at the same time, there are some functions, including that of the minister, that are paralyzed if the minister is suspended. So if you say that I suspend a minister, the President, etc., you are actually producing an immediate consequence equivalent to dismissal.
Because it is not simply the person who has been suspended, but the function. Precisely because of the function, the appointment or dismissal of a minister is not possible anywhere, in any country in the world, because no one has brought a case in any country in the world for this competence to be of a prosecutor or judge with a preliminary hearing. The independence of the judiciary ends where the independence of the other two powers, the legislative and the executive, begins.
"However, we will go beyond the specific case and on Monday, together with the group leader Taulant Balla and the chairman of the Laws Committee, Ulsi Manja, we will file the initiative to immediately address the gap in question. The initiative will be presented to the parliamentary group first and will be transparent to public opinion," Rama said, among other things.
Meanwhile, the Prime Minister warned that the majority he leads will not express its opinion on SPAK's request in the Assembly to obtain authorization for a new security measure of imprisonment/house arrest against Balluk, who is accused of the criminal offense of violating equality in several tenders worth hundreds of millions of euros.
According to the Prime Minister, after Balluk's suspension from duty, SPAK "can continue the relevant investigation quite calmly, while until the legal solution is addressed, there is no urgency to address the request that SPAK made after the suspension measure was lifted."
Rama further adds that this stance does not affect SPAK's freedom to investigate, but guarantees that "the independence of the legislative and executive branches is also not affected."
The Constitutional Court on Friday decided to dismiss Rama's request against a decision of the Special Court, GJKKO, that suspended Balluku from administrative functions. The decision was made after a marathon 10-hour meeting where the judges of this court were divided 4-4 in their positions and Rama's request was considered dismissed, leaving the GJKKO decision in force.
On the other hand, since December, Parliament Speaker Niko Peleshi has refused to convene the Mandates Council, the body that decides on the immunity of deputies, to review SPAK's request for Balluk's arrest.
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