FLASH
Shkruar nga Pamfleti
Constitutionalist Bledar Dervishaj said that the Special Court's decision to suspend Deputy Prime Minister Belinda Balluku from office is an interference in the powers of the prime minister.
"In 1991, when we adopted the constitutional provisions, it was decided that the deputy and the prime minister could not be prosecuted without the permission of the Assembly, despite the fact that the constitution provided that the minister bears responsibility for acts committed in office. In order to initiate criminal prosecution, the Assembly had to be asked on the basis of this constitutional provision of 1991. This provision was also reflected in the Code of Criminal Procedure, including other security measures. So, in the constitutional year, the minister was protected.
The transition in 1998 brought the new Constitution that we have today. In its Article 103, during the discussions of the constitutional project, the figure of the minister was presented as the most powerful. A deputy could be prosecuted even without the permission of the Assembly, while a minister could not.
It was Sabri Godo who asked the drafters of the 1998 Constitution why ministers have more protection than MPs. They told him that ministers, in addition to their political role, also exercise functions of distributing funds, managing budgets and material agreements, and are therefore more at risk from political and legal attacks. Therefore, constitutional protection for ministers should be stronger than for MPs…
We have crossed the boundaries between the 3 branches of government, according to the constitution the prime minister is appointed by the president, upon the proposal of the winning political force in the elections. Here we can ask; does this lead the judiciary to another role that does not belong to it? This suspension provision was not written for ministers. GJKKO has intervened in the domain of the executive and the legislative" , Dervishaj explained to "Euronews Albania".
Z.Bledar Dervishaj "konstitucionalist'! Nga viti 1991 Kryeministri dhe ministrat mbanin përgjegjësi penale për aktet e nxjera në detyrë, siç ju konstatoni. Po pse këtë nen nuk e mbartët te Kushtetuta e Republikës së Shqipërisë/1998?Sepse 'kupola qeverisëse e radhës' kishte qëllim grabitjen dhe mos mbajtje përgjegjësie. Pasoja shpopullimi i vëndit. Zhgënjim i popullit nga sistemi i ri. Po kryeministrat dhe ministrat deri në miratimin e Kushtetutës/1998 do mbajnë përgjegjësi për AKTET e nxjera gjatë ushtrimit të detyrës? Nuk parashkruhen të gjitha veprat penale z.Konstitucionalist.