FLASH
Shkruar nga Pamfleti
Lawyer and former Serious Crimes Prosecutor, Eugen Beci, has commented on the decree dismissing Erion Veliaj from the position of mayor and the subsequent announcement of elections in several municipalities in the country, including Tirana.
Beci says that they need to gather and make a decision.
"This is an assessment that has brought lawyers into the debate. If you look at them in isolation, the law on self-government
You can't see the Constitution and the Constitution separately. If you look only at Article 115 of the Constitution, which states that dismissal is for serious legal violations, and suspension is carried out after an appeal, you are missing details that the Constitution cannot take on, since it speaks of general principles.
If you only take the Constitution, you say he was not fired for serious violations of the law, but that he did not go to work. If you only take the law on its own, it seems like there is no connection. They should be taken together.
We have a conclusion, the municipal council proposes, the CM decides on the dismissal, automatically if you appeal to the CC, from a formal point of view, only the submission to the CC protocol should suspend the effect. I think they cannot be taken separately. But if you take them together.
The law provides for three points of dismissal and then goes to the Constitution. I say they should be taken together. If you take it separately, you won't find the administrative reasons for dismissal. If you look at Article 115 in isolation, it is clear that he should never be dismissed. Therefore, they are taken organically and Article 62 of the law on local self-government is also included.
What you say, administrative violation has two basic principles. First, due process and here we are in the GJK, in the habitat of the GJK, where there are at least 4 decisions that have foreseen the way in which due process should be carried out. During the entire process we have a fundamental violation that the GJK cannot leave unmentioned, in the case of the mayor of the Municipality of Vau i Dejës, where it is stated that the person must be acquainted with the reasons for the dismissal, secondly to participate in the process, in person or through his representative. Neither the President nor the CM can interpret what the GJK has in mind. The GJK should not hide and come out.
"The CC has its deadlines, the trio of judges will meet, assess whether it is within its competence, will interpret the article exhaustively, will discuss the competence. Therefore, neither the President nor any institution can prejudge and say, it is not administrative or Constitutional," said Beci.
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