FLASH
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President Bajram Begaj has decided that on November 9th we will have elections in the 6 municipalities without mayors, including Tirana.
Regarding the latter, there have been debates in recent days about whether or not the date should be decreed, after Veliaj filed a complaint with the Constitutional Court based on Article 115, which states that in the event of a complaint, the process of holding the elections is suspended.
But the Presidency has come up with another legal argument. According to it, Veliaj's dismissal was not made for a serious constitutional violation as stipulated in Article 115, but because he did not report to duty for more than 3 months. According to it, in this case, Article 115 of the Constitution does not come into play, but the Law on Local Self-Government is based. Based on this, the Presidency states that Veliaj has the right to appeal to the Administrative Court and not to the Constitutional Court.
" From the documentary practice of the case, it results that the Council of Ministers has referred to the legal framework, which determines that dismissal for "failure to appear at work for an uninterrupted period of 3 months" constitutes a different case from dismissal "for serious violations of the Constitution or laws" provided for in Article 115 of the Constitution, which means that for VKM no. 539, dated 25.09.2025, the constitutional jurisdiction for the right to appeal does not apply, but the administrative judicial jurisdiction.
The decision of the Council of Ministers dismissing the mayor “for serious violations of the Constitution or laws” is suspended, in the event that an appeal is filed against him/her with the Constitutional Court. Any other decision dismissing the mayor on the grounds that the latter is “convicted of committing a criminal offense, by a final decision, by the court” or that he/she is “proposed for dismissal by the relevant municipal council for failure to appear for duty for an uninterrupted period of 3 months”, unless appealed to the Administrative Court (not the Constitutional Court), is suspended only if the suspension is specifically ordered by the Administrative Court.
As results from the accompanying documentation of the DCM, this legal clarification has been available to the party and the public since 25.09.2025.
"The President of the Republic notes that in the period from the date of approval of the DCM, no appeal has been registered with the competent judicial body and there is no suspension decision on its part, while the deadline for the President of the Republic to announce the elections is only 48 hours from receipt of the notification ," the Presidency announces.
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