The Albanian Parliament, through its Legal Director, Mimoza Arbi, has declared to the Constitutional Court that the suspension from office and blocking of the passport of Deputy Prime Minister Belinda Balluku are in violation of the Constitution.
Arbi said in the Constitutional Court session on the Balluku case that according to the relevant articles, MPs enjoy immunity and cannot be obstructed, arrested or prosecuted without the approval of the People's Assembly. Criminal prosecution can only be carried out with the consent of the Assembly.
In point 3 of Article 103, the Constitution guarantees executive power, ensuring that ministers who enjoy immunity as MPs have the same constitutional protections. Similarly, Article 73 of the Constitution provides that a MP cannot be arrested or subjected to preliminary control.
The Legal Director of the Assembly emphasizes that the decisions to suspend him from office and block his passport were taken in violation of these constitutional principles.
"The Assembly finds the suspension from duty and the blocking of the passport of the Deputy Prime Minister in violation of the Constitution. Article 22 provides that the deputy of the Assembly enjoys immunity and cannot be obstructed, arrested or prosecuted without the approval of the People's Assembly. Criminal prosecution is carried out only with the consent of the People's Assembly.
In point 3 of Article 103 of the Constitution, there is a fundamental provision that guarantees executive power. When ministers enjoy immunity as deputies, this immunity is equal and creates constitutional guarantees. Article 73 of the Constitution provides that a deputy cannot be arrested and no preliminary control can be exercised against him,' said Arbi.
