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Government letter to the Constitutional Court: Veliaj should have complained to the Administrative Court! Dismissal for 3-month absence from work

2025-10-16 17:42:17Politikë SHKRUAR NGA REDAKSIA VOX
Edi Rama, Erion Veliaj, Constitutional Court

The Council of Ministers has sent to the Constitutional Court all the documentation for the dismissal of Mayor Erion Veliaj, whose case will be reviewed on October 31 in a public session.

The documents that the Council of Ministers has sent to the Criminal Court include the proposal of the Municipal Council for the dismissal of Veliaj or the document that the Prefect of Tirana has sent to the Council of Ministers for the proposal for dismissal.

Attached to the documentation sent to the Constitutional Court is the government's dismissal decision, signed by Prime Minister Edi Rama, as well as a draft decision on dismissal, which also sets out the arguments used by the government to dismiss Veliaj from office.

The government says it has only implemented a formal act, as the dismissal of Erion Veliaj was initiated by the Tirana Municipal Council, because Veliaj did not report to duty for 3 months due to his prison sentence since February 10.

" The Municipal Council has taken decision no. 69, dated 23.9.2025 in the circumstances where the Mayor of Tirana has been physically unable to report to duty since February 10, 2025, due to the imposition of a personal security measure against him. Despite repeated procedural requests, the court has left the measure of imprisonment in force for the Mayor of Tirana and has not accepted the lifting of the measure, or its replacement with another coercive measure that would enable reporting to duty.

The Tirana Municipal Council has concluded that failure to appear for duty, in the above-mentioned circumstances and for a period longer than three months, constitutes a legal reason to propose the dismissal of the Mayor, based on letter “c”, of article 62, of law no. 139/2015, “On local self-government”, as amended. The legal fact of the inability to appear for duty is a public fact and its truth cannot be questioned ”, states the draft decision on Veliaj's dismissal that the Government has filed with the Constitutional Court.

According to the Government, Veliaj had no right to appeal to the Constitutional Court, as his dismissal was not based on Article 115 of the Constitution for serious violations of the law, but on Article 62, point c, of the Law on Local Self-Government, as he did not report to duty for 3 months. For this reason, the Government says that Veliaj should have appealed to the Administrative Court.

" The challenge to the decision in the Constitutional Court cannot suspend its effects, because the Constitutional Court is not competent for dismissal for reasons other than those determined by point 1, article 115, of the Constitution and letter "a", article 62, of law no. 139/2015, and the filing of an appeal in the Constitutional Court, in the wrong body for reviewing legal remedies for appeal, does not bring legal effects. Likewise, the filing of an appeal in the competent administrative court does not automatically suspend the legal effects of the act", states the pre-decision on Veliaj's dismissal that the Government has filed with the Constitutional Court, the letter states .

It is further stated that the Municipal Council proposed Veliaj's dismissal because his absence for more than 3 months caused harm to the needs of the capital's governance.

" There can be no doubt about the concern of the municipal councilors about the serious damage caused to the needs of the capital's governance and the interests of the citizens of Tirana by the prolonged absence from duty of the Mayor. The Municipal Council has proposed dismissal, as the only legally possible way in its hands, in order to initiate further procedures, to restore the normality of governance in the Municipality of Tirana. This political and legal will of the elected representatives of the Capital cannot be neglected and the Council of Ministers has no other alternative but to finalize the legal procedure of dismissal", states the draft decision on the dismissal of Veliaj that the Government has filed with the Constitutional Court", concludes the letter.


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