FLASH
Shkruar nga Pamfleti
The Constitutional Court's arguments regarding today's decision to suspend the elections in Tirana are revealed. The court accepted Veliaj's request to suspend the decree until a final decision is made.
In her arguments, the Constitutional Court states that according to Article 45, point 1, of Law No. 8577/2000, as amended, the Court, on its own initiative or at the request of the parties, when it assesses that the implementation of the law or act may bring consequences that affect the interests of the state, society or individuals, as the case may be, by decision of the Court Session or in a plenary session, orders its suspension.
According to this provision, first: the subject requesting the suspension of an act must prove the impact on state, social or individual interests, as well as the irreparable consequences that the implementation of the act will bring; second: the review of the request may be carried out by the Court before or in a plenary session.
The Meeting of Judges, after considering the applicant's claims in support of the request for suspension, assessed that in the specific case she is in the conditions provided for by Article 45 of Law No. 8577/2000.
In the assessment of the Meeting of Judges, the implementation of the President's decree on the holding of local elections only for the Municipality of Tirana would bring irreparable consequences in terms of the rights of the local elected official (the applicant), as long as the judicial case for his dismissal is still under review.
Part of the decision
-On 29.09.2025, the applicant addressed the Constitutional Court (Court) with a request for the annulment of the decision of the Council of Ministers no. 539, dated 25.09.2025 “On the dismissal from office of the Mayor of Tirana, Mr. Erion Veliaj” on the claim that it is in conflict with Article 115 of the Constitution. On 01.10.2025, the President of the Republic issued decree no. 350, dated 01.10.2025 “On setting the date of the partial local elections for mayors, for several local government units”, including the Municipality of Tirana as defined in point 1 of this act. The applicant, on 02.10.2025, addressed the Court with a request for additional scope, also requesting the repeal of the decree of the President of the Republic for point 1 thereof and the suspension of the legal effects of this act, based on Article 45 of Law No. 8577/2000.
-In support of the request for suspension, the applicant claimed that, as long as the Constitution has given the Court the competence and responsibility to guarantee the right of the local elected body, it must prevent the illegal consequences resulting from the President's decree. According to him, the implementation of the decree before the Court has expressed its opinion on the legality of the Council of Ministers that dismissed him from office, risks producing serious, irreversible consequences, affecting not only the institutional position of the local elected body, but also the interests of the state, society and citizens. The applicant claimed that the possible consequences are the organization of elections in a municipality where there is no legal vacancy; the expenditure of human and financial resources for the organization of the elections; an electoral process imposed politically and against the will of the citizens. According to him, if the suspension is not imposed, the Court's decision would not restore the previous situation and the consequences would be irreversible, creating a dangerous precedent, the replacement of the locally elected official before the validity of the dismissal is determined.
-According to Article 45, point 1, of Law No. 8577/2000, as amended, the Court, on its own initiative or at the request of the parties, when it considers that the implementation of the law or act may have consequences affecting the interests of the state, society or individuals, as the case may be, by decision of the Court Session or in a plenary session, orders its suspension. According to this provision, first: the subject requesting the suspension of an act must prove the impact on the interests of the state, society or individuals, as well as the irreparable consequences that the implementation of the act will bring; second: the examination of the request may be carried out by the Court before or in a plenary session.
-The Assembly of Judges, after considering the claims of the applicant in support of the request for suspension, assessed that in the specific case it is in the conditions provided for by Article 45 of Law No. 8577/2000. In the assessment of the Assembly of Judges, the implementation of the President's decree for the holding of local elections only for the Municipality of Tirana would bring irreparable consequences in terms of the rights of the local elected official (the applicant), as long as the judicial case for his dismissal is still under consideration.
FOR THESE REASONS, REASONS
The Meeting of the Judges of the Constitutional Court of the Republic of Albania, in accordance with Article 45, point 1, of Law No. 8577, dated 10.02.2000 "On the Organization and Functioning of the Constitutional Court of the Republic, as amended, and Article 27 of the Rules of Procedure of the Court, unanimously.
DECIDED:
1. Suspension of the decree of the President of the Republic of Albania no. 350, dated 01.10.2025 "On setting the date of partial local elections for mayors, for some local government units" for the part that sets the date of local elections in the Municipality of Tirana. Tirana, on 09.10.2025.
Lini një Përgjigje