The representative of the Prime Minister's Office has defended in the Constitutional Court the arguments of the appeal against the decision to suspend Belinda Balluku from her duties, for which the SPKA has requested her arrest. According to the Prime Minister's Office, the decision of the GJKKO to suspend Balluku as Deputy Prime Minister and Minister violated one of the powers.
“The Criminal Court claims that this request cannot be filed, arguing that there is no constitutional legal relationship. We clarify that this is not an individual constitutional complaint and has nothing to do with the need for the defendant's protection. The requests are related to the relationship between the three branches of government. Does the criminal court have the right to suspend a minister from office? We believe that it is not!
For legitimacy, we clarify that the Council of Ministers comes to this judgment as an affected body, since the suspension of the minister hinders the functioning of its structures and projects. The suspended minister can no longer propose any act to the Council of Ministers, while the Prime Minister can only propose for areas that are not covered by any minister. In this way, the Prime Minister is placed in the position where he must replace a minister, which prompts the Council to request his dismissal.
Whether the consequences of this decision are permissible under the Constitution is the crux of the matter. As for the claim that all levels of the judiciary must be exceeded, this applies only to complaints made by individuals, not by the Council of Ministers. The mandate cannot be obstructed by any act of any other power, but only by the Constitution; otherwise, the balance of powers is disrupted. The suspension of the minister cannot be made in this case.
The GJKKO has jurisdiction to judge the criminal offense committed by an individual, but it does not have the authority to issue measures on his mandate. The competent body must express its opinion on the suspension. In this specific case, the Assembly has the authority to issue authorization for measures that impede the exercise of the minister's duties. The unilateral decision taken regarding the Deputy Prime Minister does not meet this standard and violates the principle of separation and balance of powers. The decisions on suspension from duty and blocking the passport are decisions issued in violation of the Constitution. We request the acceptance of our request," said the representative of the Prime Minister's Office, Jona Qosja.
