The Constitutional Court of the Republic of Albania decided on December 12 to suspend the implementation of two decisions of the Special Court for Corruption and Organized Crime (SCOC), which had imposed and continued the prohibitive measure "suspension of the exercise of a public duty or service" against the Deputy Prime Minister and Minister of Infrastructure and Energy, Belinda Balluku.
The decision was taken by the Assembly of Judges of the Constitutional Court, based on Article 45 of the organic law, and was accompanied by a clear division of votes, which clearly reflected internal clashes over the relationship between the judicial and executive branches of government.
By majority vote, the Constitutional Court decided to suspend the implementation of the decisions of the Constitutional Court, assessing that the continuation of the prohibitory measure against the Deputy Prime Minister and the minister risked bringing consequences that affect state interests and the functioning of the executive branch.
Those who, apparently, listened to the daily advice of the constitutionalist Edi Rama were 5 judges. The most diligent and understanding among the 8-member body who apparently had something to learn from the legal experience of the head of government. Among the five, the star of the member with a completed mandate, Sonila Bejtja, shines brightly, the "knight" of the opposition constitutional judges, for whom Sali Berisha launched a campaign to protect her from the fierce attacks of the government that wanted to seize her mandate. But, apparently, this time Mrs. Bejtja has found her own way with the government. As the others have probably found their way as long as they had to postpone the decision for a week. This is a well-known practice in Albania.
The following voted for the suspension of the implementation of the decisions of the GJKKO:
• Sandër Beci
• Sonila Bejtja
• Genti Ibrahimi
• Marjana Semini
• Fiona Papajorgji
These five judges supported the argument that the prohibitory measure, under the specific conditions, violated the functionality of the Council of Ministers and the exercise of the executive's constitutional powers.
On the other hand, three members of the Constitutional Court voted against the suspension of the implementation of the decisions of the GJKKO, not sharing the assessment that the conditions of Article 45 of the organic law had been met.
Voted against the suspension:
• Marsida Xhaferllari, chairperson of the Judges' Meeting
• Asim Vokshi
• Ilir Toska
This position indicates a more restrictive interpretation of the Constitutional Court's competence to suspend final judicial decisions, even when they affect high state functions.
The 5-3 split of votes proves that the Balluku case has not produced a consensus in the Constitutional Court. On the contrary, it has pitted two approaches against each other: one that prioritizes the functioning of the executive branch and the avoidance of an institutional vacuum; the other that defends the continuation of the effect of criminal court decisions, without prior intervention by the Constitutional Court.
Today's decision is temporary in nature and does not affect the criminal investigations against Balluk, while the Constitutional Court is expected to express further in a plenary session on the interpretation of Article 103 of the Constitution.
