Draft law on the suspension of ministers/ Lawyer: There is no imbalance, a gap from 2012 is being filled

2026-02-16 16:01:00, Aktualitet CNA

Draft law on the suspension of ministers/ Lawyer: There is no imbalance, a gap

Lawyer Bledar Dervishaj spoke on television about the proposed change to the draft law by the Socialist Party. Dervishaj said that this debate should not take place at all since the Constitutional Court's decision on the government's appeal found a legal gap.

A gap that, the lawyer said, was created by the constitutional amendments made in 2012, where the norm of Article 242 of the Criminal Code was forgotten to be fulfilled, to specify that no intervention can be made.

Dervishaj stated that now there is no interference in the balance of powers, the mistake made is simply being corrected.

"This debate should not be held at all because if the Constitutional Court was divided 4-4, in that constitutional review initiated by the Prime Minister, where 4 members found the fact that there is an intervention, we have an inherent disagreement, and 4 others held a similar position, but found a legal vacuum created during the constitutional amendments of 2012, where the Assembly, in its negligence, despite opening the way for criminal proceedings against the minister, forgot to fulfill the norm of Article 242 of the Code of Criminal Procedure, to clarify once and for all that there cannot be intervention here.

Therefore, this mistake that the Assembly itself created in 2012, with its forgetfulness, the Assembly now that the conflict has appeared before it is correcting it and there is absolutely no interference, even a small one, of disrupting the balance between powers. The 4 members of the Constitutional Court, in a description they made in a court announcement, said that it is up to the constitutional legislator to fulfill this norm, this was the meaning, the duty they left.

"There is nothing wrong with it, I see the debate as markedly political. Political will is a legal initiative, political will is also present here, thanks to a request made evident by the Constitutional Court, in a debate created by the violation of a boundary that should not have been crossed by the judicial power ," said Dervishaj.