The Constitutional Court's decision to invalidate the actions of the Council of Ministers and the President's decree on the elections in Tirana marks a rare moment where constitutional justice puts a stop to political arbitrariness.
In essence, the Court has upheld the principle of local autonomy. The Court's 5-3 decision shows that even within the judiciary there was strong debate, but the majority chose to uphold the principle of separation of powers.
In practice, this is a constitutional caveat for the Executive: the power of the majority cannot be expanded beyond the limits recognized by law, nor can it use administrative arguments to neutralize political figures.
This precedent also creates a domino effect for the relationship between the government and other municipalities. For a government that has built its power on centralization and ridiculous vertical discipline, this decision is a call to look at itself in the mirror. If it's not too late.
Even for President Bajram Begaj, this decision is a warning signal about the limits of the institution he represents. Politically, the decision places Begaj in a delicate position; he risks being seen as being pushed into action by the majority, instead of maintaining the neutrality that his function requires. In a system where the role of the President is limited, but with great symbolic weight, this decision can be seen as a call for prudence and distance from politically charged decision-making.
For Erion Veliaj, it is more than a legal victory: it is a political resurgence. After months under pressure from SPAK investigations and a public campaign that had tarnished his image, he now has in his hands the strongest decision he could have asked for in the circumstances he finds himself in: a stamp of the Constitutional Court that gives him legitimacy and puts him back at the center of the political game. If he wants to play. He has already lost the “sinners” who dismissed him.
In today's circumstances, this decision will be an event with political consequences that will be felt within the majority. But if we leave aside the names, circumstances or political emotions, today's decision of the Constitutional Court, in a broader sense, is undoubtedly a victory of the State over the impulse of the executive branch.
It is good for our tired democracy, which had long forgotten that the law can speak louder than power.