After the 4-4 decision of the Constitutional Court, what is expected to happen now with Belinda Balluku?

The Constitutional Court's decision not to resolve the conflict of powers between the government and the GJKKO has left in force the measure of suspension from office for the Deputy Prime Minister and Minister of Infrastructure and Energy, Belinda Balluku.

The judges were divided 4 to 4, and this tie, according to the law, automatically rejects the request, because neither party, neither the prime minister nor SPAK, could convince at least 5 judges around them.

Voting 4 to 4

Judges for Rama: Sonila Bejtja, Marjana Semini, Fjona Papajorgji and Sandër Beci. 
Judges for SPAK: Gent Ibrahimi, Asim Vokshi, Marsida Xhaferllari and Ilir Toska. 

The 4-4 tie not only failed to resolve the institutional clash, but also deepened the legal and political uncertainty surrounding one of the most important figures in the government cabinet.

The failure to fill a vacancy in the Constitutional Court for almost a year and a half led to a 4-4 tie in the Balluku case, which instead of resolving it further confused Albanian politics and the executive-judicial relationship.

This happened because since September 2024, when former judge Elsa Toska resigned, her position has remained vacant due to protracted procedures.

What does this decision mean?
With the overturning of Prime Minister Edi Rama's decision, the legal effect is immediate, as the GJKKO decision to suspend Balluku from office is reinstated. This means that she cannot exercise ministerial functions, despite the fact that she has not been dismissed or criminally convicted.

In practical terms, one of the government's most strategic ministries remains without clear direction, while decision-making in sectors such as infrastructure, energy, and major public projects risks slowing down.

What is expected to happen?

Following the Constitutional Court's decision, the Immunity and Mandates Council is now expected to meet to decide on SPAK's request to lift Balluk's immunity, but so far there is no concrete date for the meeting.

The opposition wasted no time and immediately after the decision, requested that Parliament Speaker Niko Peleshi convene a meeting of the Immunity and Mandates Council. 

The first and only meeting of the Mandates Council took place on December 19, and despite SPAK underlining that any delay harms the investigation, the Socialists said they would express themselves after the Constitutional Court spoke.

Rama himself declared yesterday that the battle on this issue would continue. He said that Albania has become an example of stupidity for the second time in two months, after the Court drowned with its own water.

Belinda Balluku has been named as a defendant for the Llogara tunnel tender, and is under investigation for all 7 lots of the Grand Ring Road, as well as for at least 3 other tender procedures. / S.Gj