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The Administrative Court is expected to review today the lawsuit filed by Tirana Mayor Erion Veliaj against SPAK prosecutor Ols Dado. Veliaj challenges the legality of Dado's appointment as prosecutor in 2008, claiming that he did not complete the Magistrates' School and did not meet the legal requirements to be appointed to the position.
According to the claims presented by the plaintiff, Dado does not even benefit from the exclusionary criteria that would allow him to qualify for the position of prosecutor without completing this school.
MP Plarent Ndreca stated that the High Prosecutorial Council has also become part of what he described as an "institutional harmony" to avoid examining the merits of the case.
According to Ndreca, the documents and evidence administered so far show that the President of the time, Bamir Topi, signed the decree appointing Ols Dado without conducting full verifications of the legal conditions required by the position.
"Instead of seeking a substantive examination of the case and the clarification of the legal truth on the validity of the presidential decree, the representative of the KLP has appeared in court with the same procedural strategy as the subject itself that is the object of control, by attacking the legitimacy of the plaintiffs. The KLP is trying to prevent its own substantive examination. So the constitutional body that should guarantee the legality and integrity of the prosecutorial system becomes part of an institutional protective mechanism that aims to procedurally close a problem with very serious consequences for the rule of law," said Ndreca.
The debates held in the Administrative Court have highlighted that at the time of the decree, the Presidency only had at its disposal the proposal of the Prosecutor General and the accompanying letter.
Veliaj's lawyer once again requested that the process be conducted with full transparency and that the sessions be broadcast live. According to him, the decision-making of an authority that, according to the lawsuit's claims, had no legal basis, directly affected the exercise of the duties of the mayor of Tirana and the interests of citizens.
On the other hand, Ols Dado's lawyer asked the court to dismiss the lawsuit. He argued that the criminal process against Veliaj is not affected by this issue, as the investigations are not led only by Dado, but also by prosecutor Altin Dumani.
Veliaj has also called on international representatives to attend the May 8 session and request a live broadcast of the court process related to the lawsuit for the appointment of special prosecutor Ols Dado.
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