Rama warns of dangerous precedent as Constitutional Court weighs Balluku suspension

Albania’s Constitutional Court is set to decide Tuesday whether it will conduct a full review of Prime Minister Edi Rama’s request to interpret the legality of the Special Court’s decision to suspend Deputy Prime Minister Belinda Balluku. The ruling follows a request filed by Rama just 24 hours after the Special Court Against Corruption and Organized Crime (SPAK) issued the suspension.

Why is this important: The case could set a legal precedent on the limits of judicial authority over government officials. Rama claims the court’s action is not only unprecedented in Europe but also unconstitutional, asserting that such power lies exclusively with the Prime Minister, President, and Parliament.

Context: In his weekly podcast, the Prime Minister described the suspension as “absurd,” “unheard of,” and a “dangerous overreach” of judicial power. He argued that the decision violates the separation of powers and disrupts the functioning of the executive branch.

“There is no other case in Europe, or globally, where a sitting cabinet member is suspended by a judge during the investigation phase,” Rama said.

He emphasized that ministerial appointments and dismissals are political decisions and a constitutional right of the Prime Minister, formalized by the President and approved by Parliament.

Rama supported his argument by referencing opinions of the Venice Commission, which according to him maintain that:

• Courts should not suspend ministers because it disrupts the balance of power.
• Ministers are political figures, not administrative officials, and are accountable to Parliament, not the judiciary.
• Suspending a minister equates to judicial interference in executive composition, which can destabilize institutions and risk the politicization of justice.

The Commission has clearly stated: “A government can only be dismissed by political bodies, not by judicial ones.”

European Court perspective: Rama also pointed to the lack of any precedent at the European Court of Human Rights in Strasbourg, noting that no ruling has ever endorsed or even considered the legality of suspending a minister by judicial order.

The Prime Minister warned that the case, if upheld, could become a “uniquely Albanian invention” that undermines the country’s democratic maturity and institutional balance.

He urged the Constitutional Court to uphold the principles of constitutional democracy and prevent what he termed a judicial power grab that would create “an undemocratic, unconstitutional, and dangerous precedent.”