The Constitutional Court has been in the spotlight in recent months due to its decision to suspend former Deputy Prime Minister Belinda Balluku from office. But another case is being considered in the shadows, the decision of which risks deciding the fate of three sensational files, including that of Ms. Balluku.
The former director of the Albanian Road Authority, Evis Berberi, addressed the Constitutional Court on October 25, 2025 with a request to annul as incompatible with the Constitution a decision of the Supreme Court, which left in force his measure of "prison arrest" imposed by the Special Court in March 2024.
With the request to the Constitutional Court, Berberi also attacks the legality of the seized evidence, including communications on his phones, from which data for three important files with dozens of accused people was generated.
The seizure of Berber's mobile phone turned into a "mine" of information for the Special Prosecution Office over the last two years, from which criminal proceedings have been registered against Berber, the former Deputy Prime Minister and Minister of Infrastructure, Belinda Balluku, and the Mayor of Shkodra, Benet Beci.
Berberi is accused of criminal offenses of corruption, violation of equality in tenders, and money laundering through the creation of a scheme of companies controlled by him, which benefits from public funds.
Based on telephone communications with Berber, former Minister of Infrastructure, Belinda Balluku, is also accused of repeatedly violating equality in tenders related to the costly Llogara tunnel projects, the Tirana Grand Ring Road tenders, and the Thumanë-Kashar road concession.
Meanwhile, the mayor of Shkodra, Benet Beci, has been sent to trial for violating equality in a tender while he was running the Albanian Electric Power Corporation.
On March 5, the Constitutional Court held a plenary session on the basis of documents related to Berber's request, where his lawyer and SPAK prosecutors presented their arguments.
The request filed by Berberi before the Constitutional Court has created concerns for the Special Prosecution Office, especially regarding the part related to the legality of the evidence.
The Special Prosecution Office declined to comment officially, but a source familiar with the matter told BIRN that the Constitutional Court was already in control of the further fate of three criminal proceedings against senior officials.
"If the evidence is deemed inadmissible, then charges against approximately 40 defendants will be jeopardized, including charges against Balluk, Beci and Berber," the source said.
The lawyer for the former head of the Albanian Anti-Corruption Agency, Gentian Romano, told BIRN that he had no comment to make regarding the request and claims raised at the Constitutional Court.
The Constitutional Court's precedents regarding the request made by Berberi are mixed. While the Constitutional Court has generally rejected requests to revoke arrest measures for senior officials, in one case, the court granted a complainant the right to have her phone seized in the context of criminal proceedings against former Deputy Prime Minister Arben Ahmetaj.
There is no information on the Constitutional Court's website about the next session to be held on this issue, but court sources told BIRN that the decision is expected to be announced next week./BIRN
