"Balluku"/Rusmali case: A control instrument not foreseen in the Constitution cannot come into effect
The representative of the President of the Republic, Ilirj...

Special Prosecutor Dritan Prençi presented SPAK's submissions at the Constitutional Court session regarding the suspension of Belinda Balluku. Prençi said that in SPAK's assessment, Rama's request does not represent a conflict of powers between the powers.
Focusing on the prohibitory measure against Balluk, Prençi said that this measure only affects the individual, not the functioning of the institution. Further, the prosecutor said that in SPAK's assessment, the prime minister's request should not be accepted.
Prençi stated that the applicant seeks to equate the function of deputy with that of minister.
Regarding Rama's claims that the prime minister's competence has been violated, Prençi said that suspending a minister is not within the prime minister's competence.
" SPAK assesses that the Prime Minister's request does not represent a conflict of powers between the powers. The applicant cannot use this justification to block the investigation."
There is a full appeal procedure. The Constitutional Court has emphasized that early review would create a parallel trial. Reviewing the suspension measure at this stage would violate the functioning of the legal system. The prohibitory measure affects only the individual and not the functioning of the institution. It does not cause any harm to the institutions. The applicant's request does not indicate a violation of the Constitution but aims to challenge the court's decisions. SPAK assesses that the request should not be accepted and pave the way for the functioning of the judicial system.
The petitioner seeks to equate the function of a deputy with the function of a minister. The function of a minister is of an executive and administrative nature.
"Suspension exposes the functioning of the courts to external influences. Suspension from office is not a competence of the prime minister and cannot be called a violation of competence - such a competence does not exist ," said Prençi.
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