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Based on Article 115 of the Constitution, the Mayor may be dismissed for serious violations of the Constitution or laws and an appeal to the Constitutional Court may be made within 15 days. The latter suspends the effect of the decision of the Council of Ministers.
Meanwhile, Article 62 of the Law on Local Self-Government, in its point C, provides for a proposal for dismissal when the mayor fails to appear for duty for an uninterrupted period of 3 months.|
The President's Legal Advisor, Ilir Rusmaili, clarified in a direct link to "Opinion" the legal reference for the most recently discussed case, that of Erion Veliaj. According to him, the reference made so far for the issue is incorrect.
"Article 115 of the Constitution has defined a constitutional cause, the serious violation of the Constitution or laws, which is identical to letter A of article 62, of the law on local government. The case in question is only letter C of article 62. Only that case has a connection with article 115! Anyone who talks about the others has confused the case. This reference is irrelevant, wrong!", he declared.
Rusmaili stressed that a "chaos has been created in the media with the interpretation of legal provisions, due to the competing interests of the parties."
"There is no ambiguity! It's only among the opinion leaders," he underlined.
He provided a detailed explanation regarding Article 115 of the Constitution of Albania, as follows:
"There is a lot of abuse of its purpose and content, it does not determine the competence of the Council of Ministers to dismiss the mayor. Second, it is not an article that determines the reasons for the dismissal of a local government body. It has an important function that lies in providing special guarantees to protect against the intervention of other powers."
So what are these interventions?
"If the Council of Ministers, with its political will, considers that the local government body has violated the Constitution, it has the right to dismiss it. Dismissal has two strong guarantees, the first goes to the Constitutional Court, and has the procedural guarantee of suspension of the act. But in cases where the dismissal is political, but not in other circumstances! When it comes from a criminal conviction, it is a circumstance that comes from the courts. When absent from duty, this is not a political reason, but a legal one!", explained Rusmaili.
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