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What are the possible legal changes that Rama announced to avoid the suspension of ministers under investigation?
2026-02-09 21:56:32 / POLITIKË
Prime Minister Edi Rama announced today that the majority will undertake legal changes regarding the issue of suspension from duty of public officials who are under criminal investigation. Rama did not specifically mention any specific article or provision, but spoke in general terms about the need for legal interventions.
From the analysis of the current legal framework, the issue appears to be related to Article 242 of the Criminal Procedure Code, which speaks of "suspension of the exercise of a public duty or service".
According to this article, by court decision, the defendant may be temporarily prohibited, fully or partially, from exercising the activity related to the public office or service he holds.
But in its point 2, Article 242 stipulates that this measure does not apply to persons elected under the electoral law, such as deputies and mayors. This means that the legal exemption only applies to officials who derive directly from the vote.
It is precisely this article where, most likely, the majority could intervene to change it, including in point 2, in addition to persons elected according to the electoral law, also senior appointed officials (mainly government ministers), which would expand the category that is excluded from the suspension measure. To carry out this intervention in the Criminal Procedure Code, the majority needs a qualified majority in the Assembly.
Such changes could affect the principle of judicial independence and the balance of powers, while SPAK is investigating several senior appointed officials.
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