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The Constitutional Court's decision to reinstate Veliaj as mayor is revealed: The government and the president did not respect...

2026-01-12 20:01:40Politikë SHKRUAR NGA REDAKSIA VOX
The Constitutional Court's decision to reinstate Veliaj as mayor is
Veliaj in the Constitutional Court

The Constitutional Court has released the full decision on the case of Tirana Mayor Erion Veliaj, whom it decided to reinstate on October 31.

According to the Constitutional Court, Veliaj's dismissal did not respect the constitutional guarantees of the mandate of a locally elected official.

In its reasoning, the Court emphasizes that:

Constitutional jurisdiction is activated regardless of formal grounds – “If the dismissal affects the mandate of a local elected body, then constitutional control under Article 115 of the Constitution is activated, regardless of whether the cause is referred to in the law on local self-government.”

Article 62 of the Law on Local Self-Government has no autonomous power and – The reasons provided, including quarterly absence, are interpreted as a concretization of the constitutional notion of “serious violation”, and not as specific reasons for termination of the mandate.

Absence for objective reasons does not equate to a serious violation – the Court clarifies that detention, as a security measure, cannot automatically have administrative or political consequences.

Violation of due process of law – “The applicant was not truly guaranteed the right to be informed, to be heard and to defend himself, as well as a proportional and individual examination of the circumstances,” the decision states.

The President's decree on elections cannot affect the - The Court emphasizes that the President cannot set the date of the elections while the constitutional process for impeachment is still open, as Article 115 provides for the ipso jure suspension of the effects of impeachment.

The decision reaffirms the constitutional protection of the mandate of local elected officials, limits the discretion of the executive branch, and reaffirms the role of the Constitutional Court as a guarantor of local autonomy and representative democracy.

Full decision:

 

   

 

 


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