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The Tirana Municipal Council voted today with 50 votes in favor of dismissing Erion Veliaj.
Regarding this, lawyer Alban Duraj said that the Municipal Council was in violation of the Constitution by dismissing Veliaj.
" Veliaj has submitted to the council a request to be familiar with the materials that will be held in this meeting and requested that he himself be present at this meeting to give his defense and discuss the issue that this meeting would be about. We have a number of cases when the mayors of former municipalities have been denied this right. And the Constitutional Court has given him the right and we have a consolidated practice. And this practice should not have been violated by the Tirana Municipal Council. We should not follow political orders ," he said.
The lawyer explained what the violation is for Erion Veliaj's dismissal at today's meeting.
"The violation consists of Article 42 of the Constitution for creating the possibility for a regular judicial process, in this case the municipal council is in the role of the court, which means that it is in the indictment and refers to Article 62, the fact that it has not been present for 3 months, then the council that proposed this meeting believes that it has not been present for reasonable reasons.
"The council in this case is in the role of a court. But he has the right to be familiar with the materials in this meeting and this was not done. The agenda should have been communicated to him through official channels. Veliaj has requested that these acts be made available to him and that he be present at the meeting ," he said.
He said that the three cases when a mayor can be dismissed are when he has been in serious violation of the constitution, when he has been sentenced by a final decision, and when he does not appear in office for more than 3 months without reason.
" We will refer to Article 62 of the special law on local government that the mayor is dismissed when he commits a serious constitutional or legal violation and is punished with a final decision. When he does not show up for work for more than 3 months. But the Constitutional Court has treated this case as if the mayor does not go for reasonable reasons, which means there is no possibility for him to go. For me and the Constitutional Court, if I take it for granted, it will repeal this decision-making of the Council of Ministers ," he said.
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