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The Administrative Decision on Measures Against DP Deputies/Balla: Mistakes in the Object

2026-04-18 11:43:00, Aktualitet CNA

The Administrative Decision on Measures Against DP Deputies/Balla: Mistakes in

The chairman of the SP parliamentary group, Taulant Balla, has reacted to the decision of the Administrative Court on the DP's request for disciplinary measures imposed against them by the Assembly.

Balla called the decision an error in the object, which, according to him, interfered with the powers of the Assembly's bodies.

"The Administrative Court of First Instance has reviewed and even made a decision on disciplinary measures against the Democratic Party deputies, who, like four months ago today, threw flares and blocked the work of the Assembly with violence.

First, congratulations to the judge who completed this process so quickly. I hope that such decisions will be given so quickly for complaints about the problems of ordinary citizens, for real problems and not like these. Because to complete a judicial level in Albania in so few days is a record.

But the essence of the matter is a misapprehension of the subject matter for whoever may have made this decision. Perhaps the judge does not know that the Supreme Court of our Republic has consolidated the practice in a previous case by sanctioning the failure to cross the fence of the judiciary into the field of the legislature for these types of disciplinary measures.

It is well known that the courts do not have jurisdiction to judge these types of disciplinary measures, because these are acts of Parliament and cannot be subject to review by the judiciary, except in the case where the special law on the status of the deputy or the rules of procedure of the Assembly expressly provide for this possibility. Neither the law nor the rules define this possibility.

In these cases, the principle of autodicy protects, meaning that it is the organs of Parliament that judge themselves and no one else. Exceptions must be expressly provided for in the Constitution or in a special law, otherwise they cannot enter the fence.

In the Italian Parliament, for example, disciplinary proceedings against senators and deputies are regulated by the internal regulations of each chamber, with the aim of ensuring the proper conduct of Parliament's work and protecting the dignity of the institution. The competent body for the trial is within the relevant chamber and the entire procedure is concluded there. There is no court to which appeal can be made. The same practice is followed in every other parliament, including France.

The courts, whether in France or in Italy, the High Administrative Courts have determined that the courts cannot examine this type of issue, because they are the exclusive competence of the Assembly or the Senate or the Chamber of Deputies.

"Now, who will react? The Supreme Court, the ILD, or the associations for this misstep in the facility?" Balla said./ CNA





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