Constitutionalist Bledar Dervishaj has commented on Prime Minister Edi Rama's request to the Constitutional Court to overturn the decision suspending Deputy Prime Minister Belinda Balluku from office, describing the issue as one of the most important in the country's constitutional history.
According to Dervishaj, this is not a routine or common issue for the Constitutional Court. "We are not dealing with specific names, but with a request from the Prime Minister for a constitutional dispute. This issue is extremely important, even surpassing the request for the dismissal of the President of the Republic in the Meta case," he said.
He emphasized that the issue requires an in-depth and exhaustive judgment, as it is directly related to the future of the functioning of the state and the separation of powers. “It has to do with the way the country will be governed and the limits of the powers of the powers.
The constitutionalist underlined that Albania is built as a parliamentary republic, with three separate branches of government, each with its own functions. “The minister is appointed or dismissed upon the proposal of the prime minister, a decree of the president and approval of the parliament. It makes no sense for the judiciary to suspend a minister or an executive function. This is not foreseen in the architecture of the rule of law,” he declared to News24.
Dervishaj described SPAK's action as hasty, emphasizing that the evidence was the same from Thursday to Monday and that he does not see any major risk if the decision had been made a few days later. Regarding the role of the Constitutional Court, he emphasized that the institution has the right to refer the matter to the Venice Commission, but can also resolve it itself, through a final decision. According to him, the decision that the Constitutional Court will take will have a direct impact on the balance of powers and on the way the Albanian state will function in the future.
Bledar Dervishaj: We have no delay. It is not one of those routine issues that the Constitutional Court faces, it is not of the usual level. We are not dealing with names, but with a request from the Prime Minister for a constitutional dispute. Therefore, this issue, as I have expressed before, is one of the most important that the Albanian state has, and it even surpasses the request for the dismissal of the President of the Republic (In the case of Meta). It requires an exhaustive trial for that request requested by Prime Minister Edi Rama. This has to do with the future, with the way it will be governed and where the jurisdictions of the judiciary are. In my opinion, there is a crossing of boundaries from the judiciary to the executive. I believe that the Prime Minister is right.
It is one of the most important issues. We have built a parliamentary Republic, with 3 branches of government and the fourth is the media. Everyone has their own job. The minister is either appointed or dismissed, and this is proposed by the prime minister and decreed by the president and approved by the Assembly! It no longer makes sense for the judiciary to suspend a prime minister. This is not defined in the architecture of the rule of law. I considered this on the part of SPAK, a hasty action. The evidence was the same from Thursday to Monday. In this context, it is a little hasty. I do not see any big deal if it convened on Monday or Thursday. The Constitutional Court has every right to do what it takes to take the request to the Venice Commission, but it can do it all on its own. The Veliaj case is not the same as this one today, since the applicant is not. Today the applicant is the Prime Minister of the Republic of Albania. As long as we are within 1 month, we have no delay.
