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Shkruar nga Pamfleti
The Constitutional Court has officially announced that it will not participate in the public plenary session taking place today at the Constitutional Court, regarding the Balluku case.
The subject of the review in the Constitutional Court is related to the "resolution of the dispute of competence created between the Prime Minister and the Council of Ministers, on the one hand, and the Special Court of First Instance for Corruption and Organized Crime, on the other hand", regarding the suspension of the exercise of the duties of a member of the Council of Ministers.
The GJKKO emphasizes that it has decided not to participate in this process, as it considers that it cannot be legitimated as a party in a constitutional trial with the Prime Minister of the Republic of Albania as the applicant. According to the official position of the court, in a democratic state of law, based on the principle of the rule of law and the separation of powers, a court cannot be summoned or included as a party in a constitutional trial to make submissions or to defend a decision given by it. Such participation, the announcement emphasizes, would violate the principle of the separation of powers and the internal independence of the judiciary.
The Constitutional Court of Kosovo announces that it has officially conveyed its position to the Constitutional Court through letter no. 5560/1 Prot., dated 29.12.2025, which sets out in detail the legal reasons why this court cannot be considered a party to this constitutional process.
Notification from the GJKKO
Given the continuous questions from journalists and the high interest in the media and the public, a public plenary session will be held today at the Constitutional Court of the Republic of Albania with:
Requester: Prime Minister of the Republic of Albania.
Interested Parties: President of the Republic, Parliament of the Republic of Albania, Special Prosecutor's Office against Corruption and Organized Crime and Special Court of First Instance for Corruption and Organized Crime.
Subject: “Resolution of the dispute of competence created between the Prime Minister and the Council of Ministers on the one hand, and the Special Court of First Instance for Corruption and Organized Crime, on the other hand, regarding the suspension of the exercise of the duty of the member of the Council of Ministers…,
We inform you that the Constitutional Court of Albania will not participate in this plenary session as it considers that it cannot be legitimated as a party in the constitutional trial with the Prime Minister of the Republic of Albania as the applicant.
In a democratic state of law, based on the principle of the rule of law and the separation of powers, a court cannot be summoned or legitimized as a party in a constitutional trial to make submissions or to defend a decision given by it. The participation of the GJKKO as an interested party in the Constitutional Court would violate the principle of the separation of powers and the internal independence of the judiciary.
Attached please find the full letter no. 5560/1 Prot., dated 29.12.2025, through which the GJKKO has responded to the Constitutional Court, setting out the legal reasons for which this court cannot be legitimized as a party in the constitutional trial with the Prime Minister of the Republic of Albania as the applicant.
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