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The CEC cannot maneuver regarding Hajdar's decriminalization form...
The socialist mayor of Kuçova, Kreshnik Hajdari, is in danger of his mandate. Although Ilirjan Celibashi of the CEC avoided it as a case and did not make a decision on the subject of his conviction in Greece, the Supreme Court has returned the case for review to the Central Election Commission, requesting a final decision regarding his validity in office.
The Supreme Court's decision dismisses the appeal filed by Hajdari and upholds the previous position of the administrative court, emphasizing that the issue cannot be resolved without a final act by the CEC. According to the reasoning, as long as the electoral institution has not clearly stated whether or not the mayor is affected by the decriminalization law, the court has no basis to issue a decision on the merits.
The decision underlines that the Complaints and Sanctions Commission (KAS) has not made a final decision, but only a procedural one, returning the matter for reconsideration to the State Election Commissioner. For this reason, it is now up to the CEC, under the leadership of Ilirjan Celibashi, to decide whether or not Hajdari should continue in office.
" In the specific case, decision no. 01, dated 05.01.2024, did not provide a final solution to the issue, but returned the issue for reconsideration to the SEC. The KAS did not issue a final act in the material sense, but a procedural decision that repeals the Commissioner's decision and returns the issue for reconsideration to it. The contested administrative act does not establish final rights and, as such, does not close the proceedings. In the specific case, the KAS has returned the issue for reconsideration to the Commissioner, who must decide whether it is appropriate to suspend the review, until the court makes a final decision regarding the report for falsification of the form by the self-declaring subject and if the decision of the GJKKO has become final, as stated in the preparatory session by the parties, to definitively state whether the plaintiff is included in the conditions of the ban to exercise the public function of the Mayor of Kuçova Municipality. As "As justified above, the court considers removing the administrative case outside the judicial jurisdiction of the Tirana First Instance Administrative Court and sending the case for continued administrative review to the administrative body, the State Election Commissioner ," the decision states.
The case relates to Hajdari's failure to declare a previous conviction in his self-declaration form during the local elections on May 14. In this document, he had declared that he had no previous convictions, while later the Greek authorities confirmed a 1999 decision, where he was found guilty of illegal entry into Greek territory, at a time when he was 17 years old.
For failing to declare this fact, Hajdari was convicted in January 2024, following an investigation launched by SPAK. However, it remains unclear whether this conviction and the relevant circumstances include him within the prohibitions of the decriminalization law.
In this context, the Supreme Court has assessed that the process should continue through administrative channels, transferring the responsibility for final decision-making to the CEC. The decision of this institution is expected to be decisive for the political fate of the mayor of Kuçova.
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