FLASH
Shkruar nga Pamfleti
Erion Veliaj has challenged the decision to dismiss him as mayor of Tirana by the Council of Ministers in the Constitutional Court. This move by Veliaj now automatically blocks early elections for the capital until the court's decision.
In the complaint sent to the Constitutional Court, the dismissed mayor refers to Article 62, which states that his absence from office for more than three months is not due to reasons that depend on his will.
Lawyer Indrit Sefa told "Vizion Plus" that Veliaj continues to be the mayor of Tirana. According to him, the procedure followed by the municipal council is contrary to the law, as Veliaj should have been given the opportunity to be heard.
He also stated that the mayor can maintain control of the City Hall by appointing his deputy mayors.
Full interview:
What position does Veliaj's defense stand in with the objection it made today?
Sefa: The moment the mayor appeals the decision of the Council of Ministers to dismiss him, then this decision is suspended. So it means that it has no effect. Erion Veliaj continues to be the acting mayor until a final decision is made by the Constitutional Court. Although the Prime Minister and the Council of Ministers tried to make a legal, judicial tactic, the provision is still clear. Then it remains in the hands of the President. If the President does not see the law, closes his eyes, then we are in an abnormal legal and unprecedented situation.
Veliaj and his defense have consistently emphasized that violations have been committed against him over the past few months. What do you think is the most significant claim made by the defense in all these months?
Sefa: The procedure followed by the municipal council is contrary to the law. The political right and the right to be elected are clear. You cannot dismiss the mayor without letting him be heard. The person whose dismissal is being decided upon must be given the opportunity to be heard.
Mr. Veliaj and his defense seem to be clear that this case will end up in Strasbourg. What stages still remain to be exhausted within the judicial system in Albania, before the case is in Strasbourg?
Sefa: The President, in my opinion, will decree the date of the elections, although there is a constitutional complaint. Mr. Veliaj will go to the Constitutional Court, the elections in the Municipality of Tirana will be held within 45 days and we will have a new mayor of Tirana. I think that Veliaj will go to the Constitutional Court, the court will find a violation of rights in relation to Veliaj's dismissal. But it will not be able to cancel the new elections.
Veliaj wins the right he has claimed all this time, which will be a political and legal right that says that I was dismissed without right, where this can also serve in the criminal process. Meanwhile, Rama will remove this major obstacle that he has to hold elections in the Municipality of Tirana. Veliaj will continue his battle on the criminal case. In the current situation, he cannot lead the Municipality of Tirana. If he fights a battle against the majority and his party, he will make the right political decision, and one of these decisions is to lead the Municipality of Tirana until the moment he is mayor. To dismiss Edi Rama's deputy mayors and appoint his own deputy mayors, to continue his political vision in leading the Municipality of Tirana.
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