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Shkruar nga Pamfleti
From legal provisions to procedures, how will it be done now?
The Constitutional Court, for the first time in months, decided to withstand government pressure. Despite Edi Rama starting preparations for the elections in Tirana and even declaring Ogerta Manastirliu the winner, the Constitutional Court suspended the elections until a final decision is made.
But what happens after this decision is made? The Constitutional Court has decided in its decision to suspend the decree. This means that the CEC cannot start any preparations for the elections in the capital. While for the other 5 municipalities the procedures for determining the material base, appointing commissioners, etc. will begin, for Tirana nothing can be done without the final decision.
In this context, the issue must be addressed in two aspects: whether the Constitutional Court considers Veliaj's dismissal fair and whether it overthrows the government and leaves Veliaj in office.
The first hearing on the Veliaj case will be held on October 31. But there is no indication that we will have a decision on this date. The chances that this meeting will be postponed are very high and it is very difficult for the Constitutional Court to decide within a day. In general, the Constitutional Court has taken 1 month. Also, the disclosure of the decision takes its time. For a decision to enter into force, it must be published in the Official Gazette. So in short, even if the Constitutional Court leaves Veliaj's dismissal in force, the chances of elections on November 9 are zero.
On the other hand, the Electoral Code has clearly defined that the President will have to issue a new decree. So within 48 hours of the announcement of the decision, Begaj must issue a decree and the date must be no earlier than 30 days and no later than 45 days. So that falls in December or January.
" In the event of termination of the mandate, for the reasons provided for in Article 115 of the Constitution, elections shall be held no earlier than 30 days and no later than 45 days from the date of notification of the termination of the mandate. In the event of an appeal by the dissolved or dismissed body, elections shall be held no earlier than 30 days and no later than 45 days from the expiration of the deadline that the dissolved body has to appeal the decision of the Council of Ministers to the Constitutional Court, when this right has not been exercised, or the date of the decision of the Constitutional Court, in case an appeal has been filed with this court within the deadline of Article 115, paragraph 2 of the Constitution. In any case, the President of the Republic shall issue the decree no later than 48 hours from the notification of the termination of the mandate ," states Article 10.
Also, according to lawyer Jordan Daci, the chances of having elections on November 9 are zero. Always if the Constitutional Court upholds the dismissal. Because if she overturns the government's decision, then new elections are in 2027. Or we can have early elections only if Veliaj is sentenced with a final decision.
" They cannot be made on the 9th even if Mr. Veliaj's request is not accepted. Today the CEC cannot do anything and cannot even cut the ballots. Let's say that if Veliaj's complaint is accepted, they would have abused their power, citizens would have to pay for something that is not done. It arouses debate because there is a mental and unconstitutional gap. The decision may not be made on the 31st, for 100 reasons the 31st can be postponed. Even if it is reviewed on the 31st, the court must withdraw for a vote and a majority must be reached through voting and then the decision must be announced. It takes 30 days to announce the decision.
The decision must be justified, which may take even longer and published in the Official Gazette, then it will have effects. Even if the Constitutional Court were to issue the decision today, I dismissed Veliaj's appeal, again no authority should act until the decision enters into force. Date 9 cannot be reached in any format, "said the lawyer to "Euronews Albania". /Pamphlet
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