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Journalist Klodiana Lala spoke about the Constitutional Court's decision, which overturned the dismissal of Erion Veliaj and the Tirana elections.
Lala said that after the Constitutional Court's decision, it becomes more difficult for Veliaj to be dismissed and that he can be removed from office legally only if the Council of Ministers proves that Veliaj has committed "serious violations."
" The Constitutional Court (CC) after reviewing Veliaj's appeal for dismissal, has decided with 5 votes in favor and 3 against to annul the decision of the Council of Ministers, which decided the dismissal from office. Also to annul the decree of President Begaj, who had decreed elections for 6 municipalities, including that of Tirana. The CC had suspended the decree related to the holding of elections. So, no elections will be held in Tirana.
The CC has only rejected the request for the presumption of innocence. The process in the CC is not related to the process taking place in the Special Court where the criminal charges against Veliaj are being examined. The security measure and the criminal process are not related to the CC's decision today.
The GJK says that Erion Veliaj was denied the right to due process, he was not heard before the Municipal Council. The entire procedure followed by the Council is irregular and unconstitutional.
Secondly, the law cannot be higher than the Constitution. The Law on Local Government provides for dismissal for “absence without reason for three months”, but the Court of Appeal says that Veliaj was absent due to security measures. According to the Court of Appeal, Veliaj can be dismissed under Article 115 of the Constitution, only if the government proves that Veliaj has committed serious violations. For example, if Veliaj is found guilty of one or all of the charges, he is considered to have committed a serious crime and the Council of Ministers dismisses him. Or there are other cases, when there is treason against the homeland, flagrante delicto, and so on.
At this point, apart from the fact that the procedure is illegal, the Council of Ministers has not proven a serious violation.
"The CC leaves room for the Municipal Council to resume the procedure, but it must be heard and secondly, the Council of Ministers must prove that there is a serious violation by Veliaj ," said Lala.
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