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Rama proposes "functional immunity" for senior leaders, amends Article 242 of the Criminal Procedure...
The Constitution states that everyone is equal before the law, but Prime Minister Edi Rama's project to guarantee the inviolability of the state and power caste is the clearest example that some officials will not submit, even by law, to this equality.
Using the case of Minister Balluku in the face of the request of SPAK and GJKKO, Edi Rama has initiated parliamentary procedures with SP deputies to amend Article 242 of the Criminal Procedure Code, with the obvious aim of avoiding legal action against himself.
Edi Rama has presented this self-defense and avoidance of facing justice while in office as a guarantee measure under the term "functional immunity", so that some senior officials are not suspended from duty in the event of criminal proceedings.
In addition to his function as Prime Minister, Edi Rama has also included in the status of untouchables with "functional immunity" the Deputy Prime Minister, ministers, the President of the Republic, members of the Constitutional Court, the Ombudsman, the Chairman of the Supreme State Audit Office and the Governor of the Bank of Albania.
These were not included for reasons of state functioning, but to present the draft as a legal amendment in the name of institutional stability, so that the judiciary would not suspend some heads of institutions mandated by Parliament.
Many state officials are mandated by Parliament, whom Edi Rama did not include in draft Article 242 of the Criminal Procedure Code, but left without "functional immunity".
Edi Rama's draft allows for the suspension from duty of the Secretary General of the Prime Minister's Office, members of the High Court, the Prosecutor General, the Director of SHISH, the leaders of ILD, KLP, KLGJ, AKEP, the Public Procurement Commission and the Asset Control Inspectorate.
With a parliamentary mandate, but without "functional immunity", i.e. with the right to be suspended from justice in the event of criminal proceedings, also remain the Commissioner for Civil Service Supervision, the Election Commissioner, the Chairman of the Competition Authority, the Commissioner for the Right to Information and Protection of Personal Data, the Commissioner for Protection from Discrimination and about 20 other high state positions.
All these officials can be suspended from office following criminal proceedings, except for deputies and mayors, who are provided for in the current Article 242 of the Code of Criminal Procedure.
With the addition proposed by Edi Rama, the judiciary will not be able to suspend from office the Prime Minister, the President of the Republic, members of the Constitutional Court, the Ombudsman, the Chairman of the Supreme Audit Office and the Governor of the Bank of Albania, even in the event of serious violations.
With the urgency to amend Article 242 of the Criminal Procedure Code, Edi Rama's only goal is, "get out of my b**h." /Pamphlet
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