The Constitutional Court decided with 5 votes in favor and 3 against to suspend the implementation of the judicial decisions dated November 22 of the Special Court of First Instance for Corruption and Organized Crime, for the part that ordered the imposition and continuation of the prohibitory measure "Suspension of the exercise of a public duty or service" against citizen Belinda Balluku.

In the full decision, revealed by BalkanWeb and News24, it is said that at the meeting of judges, judges Sonila Bejtja, Gent Ibrahimi Sandër Beci, Marjana Selimi and Fiona Papajorgji voted in favor of the GJKKO decision, while Ilir Toska, Marsida Xhaferllari and Asim Vokshi voted against.

Full decision

The Meeting of Judges of the Constitutional Court of the Republic of Albania (Meeting of Judges), composed of Marsida Xhaferllari, Chairperson Fiona Papajorgji, Member Sonila Bejtja, Member Ilir Toska, Member Genti Ibrahimi, Member Marjana Semini, Member Asim Vokshi, Member Sandër Beci, Member on 12.12.2025 considered the preliminary request submitted by the Prime Minister of the Republic of Albania (applicant) for the suspension of the implementation of decision no. 118, dated 19.11.2025 of the Special Court of First Instance for Corruption and Organized Crime (SCCOC of First Instance) for the part that ordered the imposition and continuation of the prohibitory measure "Suspension of the exercise of a public duty or service" against citizen Belinda Balluku, according to article 45 of law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended (organic law of the Court).

The Assembly of Judges, based on Article 45, point 1, of the Organic Law of the Court and Article 27 of the Rules of Procedure of the Constitutional Court (Court), notes that on 21.11.2025 the applicant, the Prime Minister of the Republic of Albania, addressed the Court with a request, claiming: (i) the resolution of the dispute of competence created between the Prime Minister of the Council of Ministers and the First Instance Constitutional Court; (ii) the annulment of the decision of the First Instance Constitutional Court that imposed the prohibitory measure of suspension of the exercise of the office of the Deputy Prime Minister and Minister of Infrastructure and Energy, citizen Belinda Balluku, and the suspension of this decision; (iii) the interpretation of point 3 of Article 103 of the Constitution.

In support of the request for suspension, the applicant claimed that the decision of the First Instance Court of Criminal Procedure affects high state and social interests, but also those of the individuals themselves.

According to him, the suspension protects the system of governance, by preserving the full functionality of the Council of Ministers, which exercises every state function that has not been assigned to other state or local government bodies. The applicant has claimed that the decision brings irreparable consequences for the governance of the country, by creating an institutional vacuum, dysfunction of the Council of Ministers and the inability to exercise the responsibilities and powers that the Constitution and the legislation in force recognize exclusively for the executive branch. He has also claimed that it is in the state interest that the powers of the Prime Minister, the President and the Assembly continue to produce legal effects, while leaving the decision of the GJKKO in force would deepen the conflict of powers between the judicial branch, on the one hand, and the legislative and executive branches, on the other, further violating the principle of separation and balance of powers. According to him, the suspension of a minister or deputy prime minister simultaneously suspends the activity of the executive branch in the area of ​​responsibility of the suspended minister and deputy prime minister.

On 27.11.2025, the applicant again addressed the Court with a request to add to the subject matter of the request, also requesting the annulment of decision no. 120, dated 22.11.2025 of the First Instance Court of Appeals, for the part that it has disposed of for the continuation of the implementation of the prohibitory measure against the Deputy Prime Minister and Minister of Infrastructure and Energy, citizen Belinda Balluku.

Given that these two decisions, in essence, express the same prohibitive measure, although the applicant has not requested in the request for additional subject matter the suspension of decision no. 120, dated 22.11.2025 of the First Instance Court of Appeals, the Meeting of Judges considers it appropriate to assess the claims for imposing a suspension measure for this decision as well.

According to Article 45, point 1, of its organic law, the Court, on its own initiative or at the request of the parties, when it assesses, among other things, that the implementation of the act may bring consequences that affect state interests, as the case may be, by decision of the Meeting of Judges, orders its suspension.

According to this provision, first: the subject requesting the suspension of an act must prove the impact on state interests, as well as the irreparable consequences that the implementation of the act will bring; second: the review of the request can be carried out by the Court even before the plenary session.

The Assembly of Judges, after considering the applicant's claims in support of the request for suspension, assessed that in the specific case it is in the conditions provided for by Article 45 of the Organic Law of the Court. In the assessment of the Assembly of Judges, the implementation of decisions 118, dated 19.11.2025 and no. 120, dated 22.11.2025 of the First Instance GJKKO, as well as the continuation of the prohibitory measure "Suspension of the exercise of a public duty or service" against citizen Belinda Balluku, simultaneously Deputy Prime Minister and Minister of Infrastructure and Energy, risks bringing consequences that affect state interests during the exercise of the constitutional powers of the executive power in terms of determining general state policies.

For these reasons, the meeting of the Judges of the Constitutional Court of the Republic of Albania, in support of Article 45, point 1, of Law No. 8577, dated 10.02.2000 “On the Organization and Functioning of the Constitutional Court of the Republic of Albania”, as amended, and Article 27, of the Rules of Procedure of the Constitutional Court, by majority vote, decided to suspend the implementation of judicial decisions No. 118, dated 19.11.2025 and No. 120, dated 22.11.2025 of the Special Court of First Instance for Corruption and Organized Crime, for the part that ordered the imposition and continuation of the prohibitory measure “Suspension of the exercise of a public duty or service” against citizen Belinda Balluku, according to Article 45 of the organic law of the Court.

The judges who voted in favor

Sonila Bejtja
Fiona Papajorgji
Genti Ibrahimi
Sander Beci
Marjana Semini

The judges who voted against

Marsida Xhaferllari
Ilir Toska
Asim Vokshi