Socialist Party introduces legal changes that prevent GJKKO from suspending ministers
The Socialist Party parliamentary group has presented proposed legal changes, which aim to no longer allow courts to suspend ministers or other constitutional positions from office.
During the meeting chaired by the Prime Minister, also the leader of the Socialist Party, Edi Rama, said that this draft does not affect the judiciary and that it has no connection to the Balluku case. In this case, the Prime Minister stated that “we will deal with the suspension in order to reject, with the will of the majority in the parliament, the intervention in the territory of the executive branch.”
"The spirit of the Constitution and the basic orientations of the Constitution are not enough, the practices of all the countries that we resemble are not enough, then an article must be made with all the definitions, function by function, so that there is no longer any possibility of interpretation. This is the reason why we are making this change. Whoever connects it to the specific case is making a mistake, the specific case has its own path, it has nothing to do with the suspension. But the suspension is unacceptable, and for this reason we will deal with the suspension to reject, with the will of the majority in the assembly, interference in the territory that is the responsibility of the executive power. No one should think that they have both the stone and the nut in their hands to hit this governing majority. Just as no one should think that this measure, or other measures in the future, have to do with our hesitation to support the independence of justice without reservation", said Rama.
Prime Minister Edi Rama spoke about the Balluku case, for which the Constitutional Court did not reach a majority and his request was rejected, thus leaving the suspension from office in effect.
"I think that the gap is in the minds of those who gave direction, based on the spirit of the constitution and the democratic model of separation of powers, not in all of Europe, but in the entire planet. It is not necessary for everything to be written in the letter of the law, if in the spirit of the constitution the orientations for all those who live under that constitution are clear. What makes it scandalous, unjustifiable and unacceptable for a prosecutor and judge to suspend a member of the government cabinet in a preliminary session without starting a trial is the fact that the suspension does not affect the person, who is presumed to be under investigation. The suspension affects the function. All those functions that Manja brought as part of the initiative group for this change are functions that cannot be exercised without the person. When a minister is suspended, it is not simply the suspension of an individual's work, but the suspension of the work of an institution. That ministry does not have the capacity to propose anything to the Council of Ministers. "Ministers, that it is not represented by the person in charge as a representative of the constitutional will," said Rama.
Prime Minister Rama said that no one should think that they have both the power and the authority to strike at this governing majority.
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