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Four judges of the Constitutional Court: "Prison arrest" against Erion Veliaj is disproportionate and violates the mandate won by vote

2026-07-03 10:58:05Aktualitet SHKRUAR NGA REDAKSIA VOX

Four judges of the Constitutional Court: "Prison arrest" against Erion

Decision No. 57 of the Constitutional Court is not a purely procedural decision. It places at the center a fundamental issue for the rule of law: can a security measure block in practice the exercise of a mandate directly won by citizens?

The answer that emerges from the decision is clear. The Constitutional Court returned the case to the High Court because the latter did not provide a reasoned response to the claim for the violation of the proportionality of the measure "Arrest in prison", in relation to the right of Erion Veliaj to be elected and to exercise the mandate as Mayor of Tirana. But the decision goes even further.

In the parallel opinion published with the decision, four judges of the Constitutional Court, Fiona Papajorgji, Sonila Bejtja, Sandër Beci and Genti Ibrahimi, clearly stated that the measure "Arrest in prison" against Veliaj is not simply insufficiently justified, but is disproportionate in itself.

They emphasize that this measure has prevented Veliaj from effectively exercising his duties for a considerable period, in relation to the duration of the mandate won through local elections. They also underline that the restriction affects not only Veliaj's individual rights, but also the right of the citizens of Tirana to be governed by the body they have elected.

This is the constitutional essence of the decision: the measure "Arrest in prison" cannot become a mechanism that neutralizes in practice a mandate won by vote, when it is not convincingly proven that no other less restrictive measure would guarantee the public interest of criminal proceedings.

After this decision, the Supreme Court no longer has the luxury of ignoring the essence, as long as four judges of the Constitutional Court have clearly stated that the "arrest in prison" against Erion Veliaj is disproportionate, because it blocks the exercise of the mandate won by vote. Any new decision-making must directly confront this constitutional finding.

In a constitutional democracy, the vote of citizens cannot be overturned as a side effect of a security measure. Such a restriction requires strict justification, concrete evidence, individualization of risks, and realistic consideration of less restrictive measures.

The Constitutional Court's decision has set the standard. Now this standard must be implemented.


Në përputhje me standarded JTI

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