From the Constitutional Court's decision to the SPAK movement, the steps that led to the request for Balluk's arrest

The case of Belinda Balluku has followed an unusual institutional trajectory.

Since his reinstatement following the Constitutional Court's decision, the case has entered another, more serious phase, with SPAK turning to the Assembly for authorization of the arrest. Two developments that, although seemingly contradictory, follow different legal paths.

Initially, the Constitutional Court decided to reinstate Balluk, assessing that the suspension measure did not meet constitutional criteria. 

Prime Minister Edi Rama publicly and legally opposed the decision, requesting the Constitutional Court to suspend the effects of the decision until the conclusion of the trial of this request and the interpretation of the constitutional article that provides that "a member of the Council of Ministers, enjoying the immunity of a deputy, benefits from all procedural guarantees recognized not only by the Constitution, but also by criminal procedural legislation."

The Constitutional Court ordered the suspension of the GJKKO decision and announced that it would decide on the merits in January 2026.

However, SPAK continued the investigations, arguing that the Constitutional Court's decision does not prevent the assessment of criminal liability.

After collecting evidence and analyzing the file, the Special Prosecution Office decided to address the Assembly to lift immunity and impose an arrest measure.

According to the legal procedure, the request is expected to be reviewed initially by the Mandates and Immunity Council, before moving to a plenary session. The decision of the deputies will be decisive for the next step of SPAK.

Balluku and former ARRSH leaders Evis Berberi, Gjyli, Elezi and her other subordinates were initially accused of manipulating the two tenders for the Llogara Tunnel and Lot 4 of the Tirana Outer Ring Road, with a total value of 210 million euros, favoring the winning companies. For this charge, the GJKKO ordered her suspension from duty on November 20 of this year.

In addition to two previous investigations into the Llogara tunnel and a section of the Grand Ring Road, SPAK announced on Tuesday that Balluku has been placed under investigation for the criminal offense of violating the equality of tender participants for seven other procurement procedures related to the construction of the Grand Ring Road of Tirana.

Now, attention shifts to the Assembly, where the principle of equality before the law will be tested. S.Gj