Lawyer Arbër Jashari said that the Supreme Court's decision to repeal the Administrative Instruction on fiscal coffers should be taken into account by incumbent ministers who are MPs.
On July 15, the Supreme Court found that from the moment of certification of the election result, ministers who have taken office as MPs cannot make decisions. Based on this interpretation, it repealed the Administrative Instruction on fiscal coffers signed by the acting Minister of Finance, Hekuran Murati.
"According to the Supreme Court's ruling, the only issue that produces legal effect is the cancellation of the administrative instruction for fiscal coffers. Regarding the mandate of deputies, there is no concrete decision - only a moral justification that can serve as a reference," Jashari said on KTV's "Interaktiv".
He stressed that after taking the oath, the persons are legally MPs and that this is also confirmed by the fact that a group of 10 MPs was able to send a case to the Constitutional Court. Jashari added that the verdict has no criminal consequences for the incumbent ministers, but morally it should have been taken into account.
"Morally, a minister who is also an MP should take into account this reasoning of the Supreme Court, but legally there is no prohibition. This is more of a political battle than a criminal matter," the lawyer added.
He emphasized that it is very difficult to prove that any criminal offense was committed by incumbent ministers through their actions or inactions.
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"The Constitutional Court should clarify this issue more clearly, while the Supreme Court has only given a superficial interpretation," Jashari emphasized.
Finally, the lawyer criticized the approach of the incumbent government that criticized the Supreme Court's decision, saying that it must learn to respect court decisions. He also added that the Supreme Court's response "maybe was not necessary."
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