The Albanian government has requested from the President of the Republic, Bajram Begaj, the announcement of partial elections for six municipalities, Tirana, Vlora, Berat, Tepelena, Mati and Cerrik.
According to the letter signed by the Secretary General of the Council of Ministers, Engjëll Agaçi, “in implementation of the legal obligations stemming from the Electoral Code, it is requested that the date of the partial elections for mayor in these municipalities be set, within the deadlines set by the electoral law.”
Dismissals, resignations, and candidacies for deputies have created vacancies in these municipalities, forcing the formal intervention of the President.
But while for the five suburban municipalities the procedure seems to be in order, the President has only 48 hours to make a decision whether or not to call early elections in the capital.
The dismissed mayor, Erion Veliaj, has appealed the decision of the Council of Ministers to the Constitutional Court, automatically suspending the dismissal and banning the holding of early elections.
Veliaj argues that the decision is unconstitutional and violates Article 115 of the Constitution, which sets out the grounds for dismissing mayors: “Article 62 of the Law on Local Self-Government cannot replace Article 115 of the Constitution… Dismissal could only be made when there was a final decision.”
Previous precedents show that the process can take from several months to two years. The case of Shukri Xhelili in Dibër in 2016 ended within six months in favor of the government, while that of Zef Hila in Vau i Dejës lasted two years, with a decision that overturned the dismissal and recognized the right to due process. This situation creates uncertainty for the elections in Tirana, while other municipalities can continue the electoral process normally.
Constitutional clash
The decision of the Council of Ministers to request the announcement of partial elections comes after a period of lingering vacancies in several municipalities. For Mati, Tepelena and Berat, the seats were vacated after the mayors ran for deputies of the Socialist Party, while in Vlora and Cerrik the mayors resigned to become ministers.
But when it comes to decision-making for Tirana, it seems that the institutions have entered a constitutional impasse.
Erion Veliaj appealed to the Constitutional Court after the municipal council’s decision to dismiss him from office.
This appeal, according to Article 115 of the Constitution, suspends Prime Minister Rama’s signature for his dismissal, and automatically blocks the possibility of early elections for the Municipality of Tirana until the court issues a decision.
Veliaj argues that the government has used an erroneous interpretation of Article 62 of the Law on Local Self-Government, claiming that his failure to appear for duty constitutes grounds for dismissal.
He explains that “Article 62 was issued on the basis of and for the implementation of Article 115 of the Constitution,” and cannot be applied separately from this article, which clearly defines the grounds for the dismissal of mayors. Veliaj also emphasizes that any act acceptable to the Constitutional Court must respect the principle of separation of powers and not create dangerous precedents that violate the autonomy of the local elected mandate.
Prime Minister Rama’s press office did not comment on the constitutional claim raised in the appeal by Tirana Mayor Erion Veliaj.
Referring to the law on the right to information, the press office explained that the law does not impose on public authorities “an obligation to prepare analyses, information, to answer questions, to make comments.”
According to constitutionalists, the moment the mayor appeals the decision of the Council of Ministers to dismiss him, then this decision is automatically suspended. So both the dismissal by the Municipal Council and the government’s decision have no effect. Erion Veliaj continues to be the mayor until a final decision is made by the Constitutional Court. Even lawyer Jordan Daci claims that Erion Veliaj cannot be considered dismissed from the office of mayor of Tirana without a final decision by the Constitutional Court.
In an interview for the show “3D” on RTSH 1 HD, Daci emphasized that “The Constitution is very clear; that filing an appeal automatically leads to the suspension of the decision. So, at this moment as we speak, Erion Veliaj is not considered dismissed and is considered dismissed only when the Constitutional Court speaks.”
Legal experts warn that “Tirana’s situation could remain unclear for several months, creating a complicated situation for political parties and citizens, while other municipalities could continue the electoral process normally.”
The Constitutional Court has precedents that show that decisions can take a long time, as happened with Zef Hila, who appealed his dismissal in 2019 and received a decision in 2021, gaining the right to due process and participation in decision-making. This indicates that the situation in Tirana may remain unclear for several months.
Meanwhile, for other municipalities, where there are no legal obstacles, the election process can proceed according to legal deadlines, respecting the notification of the announcement of elections within 45 days of the creation of the vacancy, as required by the Electoral Code.
Gazetare në “Rrjetin e Raportimit të Krimit të Organizuar dhe Korrupsionit në Shqipëri”- RRKOKSH.
