Basha, still Interior Minister

But on the presidential web page, is the resignation decree for Lulëzim Basha as Interior Minister what attracts attention.

The decrees have the same date, April 21st 2011. This decree should be approved by the Parliament in order to be enacted.

But the Parliament hasn’t approved the decrees yet, which means that legally, Bujar Nishani is not Interior Minister yet.

Article 106 of the Constitution says that the Prime Minister and the Ministers are obliged to stay on duty until the next formation of the Council of Ministers is established.

What does this mean? That the Interior Minister, until the decrees get approved by the Parliament, will still be Lulëzim Basha.

Same goes for the Ministry of Culture, with Ferdinand Xhaferraj remaining at the role of the Minister without an approved decree for his resignation.

According to the Constitution, Xhaferraj must be replaced in order to be removed from office. But if Ferdinand Xhaferraj will continue to be the legal acting minister, what situation do we have at the Ministry of Justice?

Again, according to the Constitution, the Minister Nishani should have been replaced before resigning from the ministry. By not replacing him, the Prime Minister Berisha puts the government on the same unconstitutional situation as the Nano government, which, when lacking votes in the Parliament, was not able to assign some ministers and kept working with vice ministers.

The actual Minister of Interior Affairs, Lulëzim Basha, and the Minister of Culture, Ferdinand Xhaferraj, can participate in these elections as candidates for the municipalities of Tirana and Durrës.

The only legal obligation was their resignation as deputies, which has been approved by the Parliament and their mandates have passed to the multiple-names list of the Democratic Party. The only problem in the Ministry of Interior Affairs and the Ministry of Culture is a moral problem.

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