The Constitutional Court has decided to review Prime Minister Edi Rama's appeal against the decision of the Constitutional Court that suspended Belinda Balluku from her duties as Deputy Prime Minister and Minister of Infrastructure.
The Constitutional Court's panel of judges was divided 5 to 3, while the rapporteur for the case and the date when the appeal will be considered are now expected to be appointed.
There is still no reported decision on the government's request to suspend the GJKKO decision on Balluku, pending the review of Rama's appeal, which, once passed for review, is also legitimized as a party to the case.
What does the government want in the Constitution?
The government seeks to resolve the dispute over competences created between it and the GJKKO and to repeal the decision to suspend it from office.
The constitutional provision, according to which a member of the government enjoys the immunity of an MP, is the main point on which Prime Minister Edi Rama has based his appeal. According to the appeal, as long as the suspension of an MP from office cannot be judicially decided, this cannot happen for a minister either.
The complaint alleges a clear interference in the powers of another branch of government, such as the executive branch, and that the GJKKO has assumed attributes that are not recognized by the Constitution. The government has not appealed to the Constitutional Court the other security measure of banning travel abroad.
On November 20, the Special Court suspended the Deputy Prime Minister and the Minister of Infrastructure and Energy from their duties, also prohibiting them from leaving the country. She has been named as a defendant in the Llogara tunnel tender procedures and is under investigation for the tender for Lot 4 of the Grand Ring Road. In both cases, it is suspected that the winner was predetermined. SPAK has announced that it is also investigating a number of other procurement procedures.
