The Constitutional Court today overturned the decision of the government and the President to dismiss the arrested mayor of Tirana, Erion Veliaj, as incompatible with the Constitution. The Court also partially annulled the decree that called for by-elections for the capital's municipality.
Judiciary decided by majority vote, five "Pro", three "against", that the acts of the Municipal Council, the government and the head of state have violated the constitutional principles that guarantee the continuity of the mandate of a locally elected official.
The decision provides for the suspension of their effects and the reinstatement of Veliaj to his public office, despite the fact that he is in detention on charges of corruption and abuse of office.
The court thus assessed that the intervention of other powers in the termination of a mayor's mandate violates the separation of powers and the principle of democratic legitimacy.
Chronology of developments
The Constitutional Court's decision comes after an institutional battle that began after SPAK communicated the charges to Veliaj for abuse of office, corruption, money laundering, concealment of assets, and bringing illegal items into prison. He was formally indicted on July 22.
A month and about two weeks later, Prime Minister Rama announced in advance the candidacy of Ogerta Manastirliu to replace him in the Tirana municipality.
This decision was communicated on September 11 after the General Assembly of the Socialist Party and then followed with the socialists' proposal in the Municipal Council for the dismissal of Veliaj on the grounds of failure to appear for duty for a period longer than 3 months.
Veliaj was denied the right to be present at the hearing, while from his cell he commented on this initiative as unfair since his absence since February 10, when he was arrested, had not been a result of his will.
The government approved it. the unanimous proposal of the Municipal Council on September 25th and then President Begaj decreed November 9th as the date of the partial elections for Tirana and five other municipalities: Vlora, Berat, Mati, Tepelena and Cerriku.
Given these developments, Veliaj appealed to the Constitutional Court considering the process politically motivated and in violation of the Constitution since the dismissal, according to him, was preceded by party bodies.
Veliaj presented his reasoning that no one can be deprived of the presumption of innocence until a final decision. at Friday's session, dated October 31, where for 7 hours the Constitutional Court heard the parties.
With Monday's decision, the Court now prohibits the holding of elections in Tirana and restores a new political balance in the capital, opening a debate on the legitimacy of the exercise of the mandate by an official detained under security measures.
Lawyers and political actors had warned of far-reaching consequences for relations between powers and for the way elected officials facing criminal charges are treated if Veliaj's impeachment procedure were to be legitimized by the Constitution.
Veliaj has been under arrest since February 10, and is on trial for corruption, money laundering, abuse of office and failure to declare assets, charges that in some cases also include his wife, Ajola Xoxa.
Read also:
- The Veliaj File: Investigations, Accusations and Facts
- "Custom" road to Xoxa's palace
- "Harabel" artworks in Tirana
