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Shkruar nga Pamfleti
Lawyer Besnik Muçi has commented on the decisions of the Tirana Municipal Council and the Council of Ministers to dismiss Erion Veliaj from the position of mayor, for which he stated that there were very serious violations of procedure.
The lawyer said that Veliaj should have been allowed to appear before the Council of Ministers, as the only body that can dismiss him.
Muçi said that the government's decision will make it difficult for Veliaj to appeal to the Constitutional Court.
"We have discussed, the process is going according to our expectations. I note that in the procedure for dismissing Mr. Veliaj, there are very serious violations of the procedure. The Court of Cassation, in a decision for the former head of Vau i Dejës, clearly stated that the dismissal procedure must respect a regular judicial process.
The basic standard is that of informing the person of the acts and the process and granting him/her the right to be heard, a procedure that was not implemented.
I even find that the procedure was not respected not only in the Municipal Council, but the Council of Ministers was obliged to implement the principles of due process. The Council of Ministers should have notified Mr. Veliaj and he should have appeared before the Council of Ministers, as the body that dismisses him.
Regarding Mr. Veliaj's appeal, he can appeal and generally the opinion of specialists is that he has the right to appeal. But, there is a legal detail, in the legal basis of the VKM only Article 62 is cited and not the Constitution. This is a calculation to make it difficult for Veliaj to appeal. Even if he appeals, let's see the possibility that the CC will not legitimize it. This will be the legal debate of the coming days. The Council of Ministers' Movement is trying to make it difficult for the CM to appeal," said Muçi in "The Unexposed".
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