Constitutional Court to weigh Rama’s challenge to Deputy PM suspension amid separation of powers debate
On Thursday, Albania’s Constitutional Court will decide whether to fully review Prime Minister Edi Rama’s appeal challenging the Special Anti-Corruption Court’s decision to suspend Deputy Prime Minister Belinda Balluku. A three-judge panel failed to reach unanimity earlier on Tuesday, pushing the matter to the full bench of eight constitutional judges.
Why is this important: The decision could set a precedent over whether courts can suspend sitting cabinet members without violating the separation of powers. Rama argues that the Special Court’s action infringes on executive authority and threatens the constitutional roles of the Prime Minister, President, and Parliament.
What’s happening: The judicial panel—composed of Constitutional Court President Marsida Xhaferllari, Sander Beci, and Sonila Bejtja—was expected to determine whether Rama’s case merits full review. Due to lack of consensus, the issue now heads to the full panel, where a majority vote is sufficient.
In Thursday’s session, the court may also issue an interim ruling on whether to freeze the Special Court’s suspension, allowing Balluku to return to office until a final decision is made.
What Rama is asking:
The Prime Minister’s complaint includes two requests:
- A constitutional interpretation of whether the Special Anti-Corruption Court overstepped its powers by suspending a government minister—a role constitutionally reserved for the Prime Minister and confirmed by the President and Parliament.
- The annulment of the suspension itself, which Rama argues violates ministerial immunity and upsets the institutional balance.
Deputy PM Balluku has also appealed the suspension separately at the Special Court of Appeals, mirroring the Prime Minister’s argument that judicial interference undermines constitutional governance.
What did Rama say: In his most recent remarks, Rama defended his challenge as a necessary “institutional and judicial battle” to prevent what he called “a dangerous precedent.”
“If this suspension is legitimized, we risk opening the door to political manipulation of the executive via the judiciary,” he said. “This would be an unheard-of precedent in any democratic country.”
He compared the decision to a “child’s stumble”—an early misstep in a new justice system that could damage the core of democratic governance.
Background: Balluku, also Minister of Infrastructure and Energy, was suspended by the Special Court pending an investigation into public procurement violations tied to the Llogara Tunnel and Tirana Outer Ring Road projects. The court also barred her from leaving the country.
Rama’s position is backed by references to the Venice Commission, which has warned that judicial suspension of ministers interferes with executive authority and risks politicizing justice. The European Court of Human Rights has never endorsed such a suspension, Rama claimed.
Next steps: The Constitutional Court’s Thursday session will determine whether to proceed with a full case review—and possibly whether Balluku can return to her post temporarily while the case unfolds.