He demanded the announcement of elections in Tirana, which point of the Constitution did Rama violate?

 

One day after Erion Veliaj challenged his dismissal as mayor of Tirana by the Council of Ministers in the Constitutional Court, the government has ignored legal mechanisms and today, September 30, has officially notified President Bajram Begaj  of the vacancy in the Municipality of Tirana.

The Council of Ministers, signed by Secretary Engjëll Agaçi, also informs the head of state about the vacancies in the other 5 municipalities of the country, Vlora, Berat, Mati, Cerriku and Tepelena.

But how legal is this government move? 

Experts have stated these days that according to Article 115 of the Constitution, given that Veliaj has appealed the dismissal within the 15-day period set by law, the decision of the Council of Ministers is automatically suspended until a decision of the Constitutional Court on Veliaj's appeal.

Article 115

1. The directly elected body of the local government unit may be dissolved or dismissed by the Council of Ministers for serious violations of the Constitution or laws;

2. The dissolved or dismissed body may appeal to the Constitutional Court within 15 days, and in this case the decision of the Council of Ministers is suspended;

3. In the event of failure to exercise the right to appeal within 15 days, or in the event of the Constitutional Court upholding the decision of the Council of Ministers, the President of the Republic shall set the date of the elections in the relevant local unit.

Likewise, the possibility of early elections for the municipality of Tirana is blocked until the court issues a decision.

However, it remains to be seen whether Begaj will decide in the next 48 hours whether to decree elections in the country's 6 municipalities, or only in the other 5 municipalities excluding Tirana.