Due to the failure to reach the quorum of 5 votes in favor of the Prime Minister, Edi Rama's request to declare the decision of the Constitutional Court of Kosovo (GJKKO) that suspended the Deputy Prime Minister and the Minister of Infrastructure and Energy from office as unconstitutional was rejected by the Constitutional Court on Friday evening. The Constitutional Court decided to lift the interim measure taken at the meeting of December 12, 2025, restoring the measure of suspension from office for Belinda Balluku. News 24 learned that constitutional judges Marjana Selimi, Sonila Bejtja, Fiona Papajorgji and Sandër Beci voted in favor of the Prime Minister's request. They expressed their position that SPAK should seek authorization from the Assembly for the measure of suspension from the exercise of Belinda Balluku's functions, motivating this with the fact that the minister enjoys the same rights as a deputy.
Marsida Xhaferllari, Asim Vokshi, Ilir Toska and Gent Ibrahimi, who filed a complaint against the government, expressed the position that for this prohibitive measure, such as suspension from exercising functions, there is no need to obtain permission from the Assembly, linking this to the 2012 constitutional amendments that reduced the immunity of the deputy. The fact that the Constitutional Court's decision did not consider Judge Erjon Çela's decision in the Balluku case as unconstitutional means that SPAK can make further requests for the suspension of members of the government cabinet.
The court can decide the suspension of a minister or public function, but never a deputy or local elected official. Due to the fact that the Constitutional Court did not give a definitive answer on this issue, it is likely to raise it again for discussion, but on the basis of an individual complaint filed by Belinda Balluku, who according to the law has the right and has already done so, through an appeal of the GJKKO decision. The appeal is expected to review that part of the decision that relates to the suspension, after leaving that part of Balluku's complaint unreviewed, until the constitutional court expressed itself. The defendant Balluku, for abuses with tenders worth millions of euros, will follow the normal judicial path by appealing to the High Court and then to the Constitutional Court. Although it will take a relatively long time, the Constitutional Court will have to answer the same question raised by the Prime Minister; did the GJKKO interfere with the powers of the executive when it suspended Balluku? But they will not face the Prime Minister, the Parliament, and the President, but Belinda Balluku.
