Government's complaint about Balluk/ Assembly Representative: The decision is a "de facto" dismissal, it is a violation of competences

2026-01-22 10:53:00, Aktualitet CNA

Government's complaint about Balluk/ Assembly Representative: The decision

The representative of the Assembly, Mimoza Arbi, has presented the institution's claims at the Constitutional Court session regarding the suspension of Balluk.

In the Assembly's submissions, Arbi said that suspending a minister violates legislative power, since, although not elected by the people, the minister receives legitimacy from the Assembly.

Further, the Assembly representative stated that the suspension of a member of the government by the court constitutes a case of influence of the judicial branch on the executive branch.

The Assembly representative said that the suspension of a member of the Council of Ministers creates an institutional blockade and causes an unprecedented functional situation.

Arbi stated that in the assessment of the institution she represents, the suspension from duty is "de facto" a dismissal. This assessment comes because the suspension is indefinite, depending on the development of the investigations, a suspension that could be equal to a governing mandate.

Arbi stated that the case where the suspension is "de facto" a dismissal constitutes a violation of constitutional powers.

" The legal logic is clear. The deputy is elected by the people, his suspension would violate the legislative power. Although the minister is not directly elected by the people, he receives legitimacy from the Assembly, which is elected by the people. They have a similar meaning to elected persons.

The court's decision to suspend a member marks a session where the judicial branch influences the executive branch.

The suspension of a minister marks a case where the Judiciary directly intervenes in the functioning of high state bodies.

The suspension of a minister creates an unprecedented functional situation. The creation of an interim situation constitutes an interference in the powers and functioning of the Assembly.

The suspension of a member of the Council of Ministers creates an institutional blockade.

In the Assembly's assessment, the suspension decision is 'de facto' a dismissal. This suspension is indefinite, conditioned by the term of the investigation, which could be equivalent to a government mandate. This makes it 'de facto' equivalent to a dismissal. This constitutes a violation of constitutional powers and provisions", said the Assembly representative./CNA