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Veliaj over a year in detention, Europrospects: The case calls into question the rule of law in Albania

2026-03-17 12:13:52Aktualitet SHKRUAR NGA REDAKSIA VOX
Veliaj over a year in detention, Europrospects: The case calls into question the
Erion Veliaj

Europrospects, an independent analytical and media platform, says that the case of the mayor of Tirana highlights the challenges of justice reform.

In a recently published article, he says that the Erion Veliaj case is a test of the European Union's credibility for the rule of law.

Veliaj's case has become symbolic of a broader concern that powerful anti-corruption bodies may operate with insufficient procedural safeguards, says Europrospects.

Full text:

Albania's application for EU membership is becoming a crucial test of whether Brussels will defend its fundamental values ​​of human rights, due process and accountability when they become politically inconvenient.

Judicial reform has long been a central requirement for EU membership – and one of the most politically difficult. Governments across Eastern Europe and the Western Balkans have responded by prioritizing the fight against corruption, strengthening the rule of law, and creating new anti-corruption mechanisms. Justice systems have been overhauled and anti-corruption measures have been institutionalized, often through specialized courts and prosecutors’ offices. The concentration of investigative power has, in many cases, helped dismantle entrenched networks of patronage that have long enabled bribery and impunity.

However, the rapid pace and intensity of these reforms have also raised concerns. Aggressive anti-corruption frameworks can, if not sufficiently checked, empower the misuse of legal norms. When this happens, the very institutions created to bring countries closer to EU standards for the rule of law risk undermining them. For countries aiming for membership, this creates a paradox: reforms designed to accelerate EU integration may, on the contrary, jeopardize it.

A prominent example now comes from Albania. Erion Veliaj, the mayor of Tirana, has been in detention without a formal trial for more than a year. The presumption of his innocence has been widely questioned following the actions of the Special Structure Against Corruption and Organized Crime (SPAK). The case has become emblematic of a broader concern: that powerful anti-corruption bodies can operate with insufficient procedural safeguards. Instead of strengthening accountability, they risk becoming instruments capable of reshaping political competition through the prolonged use of detention.

Pre-trial detention is a legitimate tool in healthy democracies when there is a credible risk of flight or destruction of evidence. However, in Albania, critics argue that the measure is increasingly being used in ways that sideline elected officials before guilt is proven. Veliaj’s year-long detention is the most prominent example. The charges reportedly did not become fully public until six months after his detention began. When the City Council sought to remove him from office, the Constitutional Court quickly intervened to overturn the attempt. Such cases highlight a recurring challenge in transitional democracies: prosecutorial tools designed to strengthen the rule of law can sometimes be used in ways that reshape political competition itself.

These concerns go far beyond the fate of a single official. Albania’s accession negotiations with the European Union are closely linked to progress in rule of law reforms. The fight against corruption, maintaining an independent judiciary and protecting due process are essential criteria. This was the reason for the creation of SPAK in 2019, as part of comprehensive justice reforms aimed at restoring public trust and aligning Albania with EU standards.

However, the institution now faces scrutiny over whether its broad powers are being exercised with sufficient safeguards. Similar dynamics have emerged elsewhere in Eastern Europe. Countries such as Romania and North Macedonia have also established strong anti-corruption institutions, which initially achieved notable successes but later faced criticism for broad prosecutorial discretion and procedural overreach.

The Veliaj case has thus attracted increasing international attention. The B40 Balkan Cities Network published a joint letter from seventy-six mayors calling for an end to the indefinite detention of elected local leaders. The letter referred to the findings of a Venice Commission report examining the negative impact on democracy of prolonged detention of mayors.

At the same time, the case has been politicized domestically. Prime Minister Edi Rama has argued that the prolonged detention, in itself, could justify Veliaj’s removal from office. Such arguments highlight a persistent risk in parts of the Western Balkans: that criminal proceedings become entangled with political rivalries, blurring the line between judicial accountability and political maneuvering.

International legal observers have also spoken out. The law firms Kasowitz in New York and Mishcon de Reya in London have raised concerns that prolonged detentions could signal selective enforcement of the law. SPAK responded by suggesting that the very reliance on international legal representation implied guilt. Tensions escalated further when the defense was reportedly denied access to more than 60,000 pages of evidence. When procedural safeguards are weakened, the damage extends beyond a single case, raising questions about the integrity of the legal system itself.

Under Article 5 of the European Convention on Human Rights, defendants must be brought to trial within a reasonable time. However, Veliaj’s trial is set for March 24, thirteen months after he began his pre-trial detention. The European Court of Human Rights has repeatedly ruled that prolonged detention without trial risks violating fundamental freedoms. Such cases have drawn increasing attention from European lawmakers monitoring the rule of law situation in the Western Balkans.

And Veliaj is not the only one affected. Former President Ilir Meta has been in detention awaiting a final decision since October 2024. Together, such cases raise broader questions about how detention is used in high-profile political investigations—and what that means for democratic accountability.

For the European Union, these developments come at a delicate moment. Brussels has repeatedly stressed that judicial independence and respect for due process are non-negotiable conditions for membership. Enlargement policy has long been presented as a means of exporting EU standards for the rule of law to aspiring countries.

But credibility works both ways. If the EU fails to address potential injustices in candidate countries, it risks undermining the very principles that underpin enlargement. Albania’s EU ambitions thus confront both Tirana and Brussels with the same test: whether the rule of law will be upheld not just in theory, but also when it becomes politically inconvenient.

Pre-trial detention should remain an exceptional measure, not a political instrument. For Albania, ensuring that its anti-corruption institutions operate within strict procedural guarantees will be essential, not only for the legitimacy of its justice system, but also for the credibility of its path towards the European Union.


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