"Balluku" in the Constitutional Court/ Prime Minister's Representative: The Council of Ministers is not obliged to wait for the review of the individual complaint

2026-01-22 10:30:00, Aktualitet CNA

"Balluku" in the Constitutional Court/ Prime Minister's

The Prime Minister's representative has presented her positions at the Constitutional Court session on the issue of Balluk's suspension.

In the submissions made, the Prime Minister's representative said that the complaint made is not related to an individual complaint, but to the relations between the three branches of government.

In this complaint, the representative said that the Council of Ministers is the body whose activities in one of the areas have been suspended, where decisions have also been suspended.

Focusing on the legitimacy of the Prime Minister in this complaint, the representative stated that the body of the Prime Minister is legitimized as the body that is forced to replace a member of the government.

Regarding the claim that all levels of the judiciary must be exhausted, the Prime Minister's representative stated that this only applies in cases of individual complaints. The Council of Ministers has no obligation to wait for individual complaints.

"This is not an individual constitutional complaint, it does not concern the fundamental rights of the defendant. The inquiries concern the relations between the three branches of government. The arguments for this belong to the foundation of the case. The CM comes as a body whose activities in one of the fields have been suspended. The GJKKO has also suspended decisions in that field. The Prime Minister only proposes acts that do not belong to the field of any other ministry. The Prime Minister is legitimized as a body that is forced to replace a member of the government. The concrete constitutional interest cannot be denied. Constitutional legitimacy stems from the effect that the measure of prohibition brings to the Council of Ministers. As for the claim that all levels of the judiciary must be exhausted, it only applies to the individual complaint.

The Council of Ministers has no obligation to await the consideration of the defendant's individual appeal, any other claim is illogical. The judiciary has no right to cause the suspension of an executive branch through a suspension measure.

"The prohibition to impose suspension from office has its source in constitutional norms," ??said the prime minister's representative./CNA