Proposed changes to the Criminal Procedure Code following the suspension of Deputy Prime Minister Belinda Balluku trigger opposition backlash, institutional tension, and renewed concerns over judicial independence and EU accession.
Tirana Times, February 16 2026 – The Albanian government has launched an urgent legislative initiative to amend the Criminal Procedure Code in a way that would significantly limit the judiciary’s ability to suspend senior executive officials while they are under criminal investigation, deepening an already tense confrontation between the executive branch and the justice system.
Prime Minister Edi Rama confirmed that the ruling Socialist Party intends to amend Article 242 of the Criminal Procedure Code to prevent courts from ordering the suspension from office of the prime minister, cabinet members, the president, and several other high level officials while criminal proceedings are ongoing. The proposed changes would effectively grant ministers protections comparable to parliamentary immunity, restricting judges to continue investigations without the power to impose precautionary suspension measures.
The initiative follows the high profile suspension of Deputy Prime Minister and Energy Minister Belinda Balluku, after prosecutors from Albania’s Special Anti Corruption Structure, SPAK, accused her of interference in a major infrastructure tender. Balluku has denied the allegations. In November, a court ordered her suspension from office, while SPAK has since requested that parliament lift her parliamentary immunity in order to allow for her arrest.
What began as a criminal case quickly escalated into an institutional dispute. Rama challenged the suspension before the Constitutional Court, arguing that the judiciary had exceeded its constitutional authority by interfering in the functioning of the executive branch. The court, however, declined to support the government’s claim, rejecting it on procedural grounds. Shortly thereafter, Rama announced the legislative initiative, insisting that it was not connected to Balluku’s case but was instead aimed at correcting what he described as an unacceptable judicial encroachment into executive authority.
The opposition strongly contests that explanation. Opposition parties argue that Balluku is already suspended and that prosecutors are now pursuing the lifting of her parliamentary immunity, meaning the proposed changes do not alter her immediate legal position. According to opposition leaders, this reinforces the view that the amendments are designed less to address a specific legal issue and more to protect the prime minister himself and other senior officials from future judicial action.
In a statement the Democratic Party accused Rama of attempting to place himself above the law and of undermining judicial independence and the separation of powers. Former prime minister and opposition leader Sali Berisha described the initiative as a serious obstacle to Albania’s European integration, arguing that it signals to the European Union that political elites are unwilling to submit to independent judicial scrutiny.
Further criticism came from Agron Gjekmarkaj, deputy speaker of parliament and deputy leader of the Democratic Party. He said the proposed changes were not a reform but an open attempt to weaken justice institutions, curb investigations, and impose political control over mechanisms that are currently targeting corruption at the highest levels of power. According to Gjekmarkaj, the move represents a dangerous step toward the capture of the justice system and the erosion of the separation of powers, driven by what he described as panic following the Balluku case.
Opposition figures have also warned that the government is using its overwhelming parliamentary majority to reshape the legal framework in ways that favor political self protection. They argue that transforming immunity from an exception into a governing principle for the executive undermines the core logic of Albania’s justice reform, which was designed to allow prosecutors and judges to investigate senior officials without political interference.
Concerns are not limited to domestic actors. A Western diplomat in Tirana told Tirana Times that the proposed intervention in the law sends a stark message: all animals are equal, but some are more equal than others. The remark reflects growing unease among international partners that Albania may be drifting toward a system in which accountability depends on political rank rather than the rule of law.
The timing of the initiative is politically sensitive. Rama’s Socialist Party secured a fourth consecutive term and a commanding parliamentary majority, giving it the numbers to pass controversial legal changes with limited resistance inside parliament. Analysts have long warned that such concentration of power could eventually be used to weaken the autonomy of the justice system, particularly as SPAK intensifies investigations into high level corruption.
For Albania, which aims to join the European Union by 2030, the implications are significant. The EU has repeatedly stressed that progress on corruption, judicial independence, and effective checks and balances is central to accession negotiations. Moves perceived as shielding the executive from judicial oversight risk reinforcing doubts about the durability and credibility of Albania’s justice reform.
As the proposed amendments advance through parliament, the confrontation between the executive and the justice system is likely to deepen. What began as a legal dispute involving a senior government official has evolved into a broader test of whether Albania’s institutions will uphold equal accountability before the law, or whether a privileged layer of political power will emerge beyond the reach of judicial control.
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