FLASH
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The Union Party for Human Rights has appealed to the Appeals and Sanctions Commission the CEC's decision to terminate Fredi Beleri's mandate as mayor elected in the May 14 elections.
According to the appeal signed by the head of PBDNJ Vangjel Dule, Ilirijan Celibashi has made an illegal decision and in excess of his powers, demanding the overthrow of this decision.
The decision of the CEC is an illegal administrative act, since the administrative body acted in excess of the powers recognized by the law, it violated the legal provisions regarding the administrative procedure, there is a lack of mandatory elements of the administrative act, such as the reasoning part and all of his orders and the applicable law for the effect of concrete decision-making, is in violation of the provisions that regulate the exercise of the powers of this body, as well as it is a consequence of the discretion exercised in an illegal manner, as such it must be annulled", it is written on appeal.
Furthermore, the legal arguments are also given in the acme, when the mandate of a mayor can be terminated and that for the CEC there is no legal provision that can initiate or take such a decision.
"The cases of premature termination of the mandate are taxing, and are related to such objective circumstances as the inability of the mayor to exercise his duties, due to death, loss of ability to act, or subjective circumstances, the refusal of the mayor chosen to take the oath, not living in the same municipality where he was elected mayor, running for deputy, resigning, or dismissed from the Council of Ministers according to Article 62 of the same law. In all these cases, the procedure does not go through the CEC, but the municipal council (Article 61/3) notifies the prefect, who in turn notifies the Council of Ministers, who notifies the President, who implements the Electoral Code. So the CEC is the last link after the President, for the effect of implementing the Electoral Code." it is said in the akim.
In the complaint, a question is also raised about the initiation of this procedure, since the citizen Eugen Likaj who made the request did not have this tag, nor was the request complete, or completed with the generalities of the requester.
"The request of the citizen Eugen Likaj does not meet the minimum formal elements to be accepted for review by the CEC, as it does not contain the applicant's general information or his address, so there is no data to identify him if he is a real citizen, if he is voter, if he has the ability to act, etc".
Even as regards the reason for the termination of the mandate, the CEC has acted illegally, since the legal basis used does not prevent Mr. Beleri in the exercise of duty.
"The law provides that the prohibition to run, to be elected or to exercise the function is determined based on the data of the self-declaration forms, i.e. for facts that occurred before the candidacy and were not declared in the relevant form issued pursuant to Law No. 138 /2015. In relation to other obstacles that may have entities that are not related to the self-declaration forms, for legal facts, events that occur after the submission of the self-declaration form are other laws, other constitutional bodies that exercise the function , but he is not the State Commissioner of Elections", is also quoted in the appeal./ OraNews
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