The Legal Director of the Assembly, Mimoza Arbi, has presented to the Constitutional Court the arguments of the Assembly regarding the issue of the suspension from office of Deputy Prime Minister Belinda Balluku, which the Prime Minister's Office has appealed.
According to Arbi, the GJKKO decision to suspend Balluk creates legal confusion regarding the status of the acts. The presidential decree appointing the minister is a constitutional act that produces full legal effects, while the GJKKO decision was taken in the absence of a constitutional basis.
"The suspension of a member of the Council of Ministers prohibits his participation in government meetings and creates a situation similar to dismissal. This suspension is indefinite, linked to the duration of the investigation, and may affect the governing mandates. By accepting that the suspension may lead to dismissal, the powers of the Assembly as a legislative body are violated," Arbi stressed.
The Assembly requests the Constitutional Court to assess the legality of the decision and ensure respect for the principle of separation and balance of powers. “The decision creates legal confusion regarding the status of the acts. The presidential decree on the appointment of the minister are constitutional acts that produce full legal effects. Regarding the decision of the GJKKO, it was made in the absence of a constitutional basis. This absence is not a legal imbalance, but a deliberate solution made by the Constitution. The suspension of a member of the Council of Ministers creates a blockade. Through suspension, the participation of the minister in the Council of Ministers is prohibited. This situation is similar to dismissal. This suspension is indefinite, as it is conditioned by the term of the investigation. This can be equal to a government mandate. By accepting that the suspension amounts to dismissal, the Assembly claims that the competences of this institution are violated. We support the Prime Minister's request to the Constitutional Court and the acceptance of this request,” she said.
