Considering ex-Deputy PM Artan Grubi is suspected of embezzlement in the service because he chaired a session of the Government when it tasked the Lottery with procuring VLT terminals in order to start to organise electronic games of chance independently, Telma has asked the Prosecutor’s Office whether Grubi can be held liable for a collective decision by the cabinet.
“The Public Prosecutor’s Office has opened an investigation into the suspect on the basis of secured evidence providing reasonable suspicion that crime was committed”, it says.
Legal experts Telma has contacted are adamant that the session’s chair cannot be held liable for a collective decision. In such a situation, either all members of the cabinet or at least those that voted in favour of the decision will need to be held liable. However, there’s another issue in that regard.
Government members cannot be held criminally liable for decisions made, that is, they can only face political consequences, meaning a no-confidence motion. However, considering a new government was elected as a result of the parliamentary elections of this year, that is no longer an option either.
Additionally, decisions made by the Government enter into force once they are made, while if someone considers them to be unlawful, they are entitled to launching proceedings before the Administrative or Constitutional Court, Telma added in the report.