TIRANA, Feb 15 /ATA/ Prime Minister Edi Rama said he will submit tomorrow a legislative proposal on judicial powers, following the suspension of Deputy Prime Minister and Minister of Infrastructure and Energy, Belinda Balluku.
At the start of the “Flasim” podcast, Rama addressed the conclusions of this week’s parliamentary group meeting following the Constitutional Court’s deadlock on Balluku’s suspension.
“As always, a cloud of interpretations ensues. Once again, the issue is not about the individual, but about the principle—specifically, the non-negotiable separation of constitutional powers,” Rama said.
Rama said a judicial decision to suspend a minister as part of a criminal security measure has exposed a legal gap.
“This gap exists both in the thinking of prosecutors and judges, and within our legislation. In a country without a fully consolidated democratic culture and with a relatively young independent judiciary, the clear spirit of the Constitution is not enough—the letter of the law must be applied meticulously, even in basic cases like this,” he added.
Prime Minister Rama stressed that “The court has the right to impose security measures on anyone under investigation.”
“No one disputes this, and no one is above the law—here, at least in words, we all agree. I agree in practice as well. But certain roles, including that of a minister, are effectively paralyzed if the officeholder is suspended. Suspending a minister, the President, or the Head of the Supreme State Audit —and others holding non-delegable functions—produces an immediate effect equivalent to dismissal. It is not just the individual who is suspended, as with a director whose duties can be carried out by someone else, but the function itself,” he said.
He added, “Because of the importance of the role, the appointment or dismissal of a minister is nowhere in the world left to a prosecutor and a judge in a preliminary hearing.”
“No one can point to a single example where this power is entrusted to a prosecutor and judge. Justice must remain independent,” Rama said.
The Prime Minister emphasized that “The independence of the judiciary ends where the independence of the other two branches—the legislative and executive—begins.”
“The judiciary is independent and must remain so; however, such independence is bounded by the constitutional prerogatives of the legislative and executive branches, which encompass the authority and obligation to appoint or dismiss ministers. This authority is exclusive to those branches, is not conferred upon the judiciary, and cannot be exercised by it,” the Prime Minister stated.
Prime Minister Edi Rama said he will submit a parliamentary initiative on Monday, together with Taulant Balla and Ulsi Manja, to immediately address the legal gap exposed by the Constitutional Court’s failure to reach majority on this issue. The proposal will be presented to the parliamentary group and made transparent to the public through media coverage.
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