Veliaj appeals dismissal to the 'Constitutional Court', impasse that creates for early elections

Erion Veliaj chose this Monday to oppose the decision to dismiss him from the position of mayor of Tirana, a dismissal which initially came from the Municipal Council on September 23 and a day later was made official by a Decision of the Council of Ministers, followed later by the Official Gazette.

In the request filed by his defense lawyers with the Constitutional Court, it is emphasized that his dismissal is illegal and unconstitutional. 

Veliaj's petition lists 15 different arguments opposing his dismissal from office. According to Veliaj, Article 62 of the Law on Local Government cannot replace Article 115 of the Constitution, but must always be interpreted in accordance with it. This article states that any dismissal without a proven serious violation is illegal and contradicts constitutional principles.

But what happens now after Veliaj's objection and his direction to the Constitutional Court through his defense?

Lawyers have warned that Veliaj's decision now creates a new impasse by creating a legal barrier to early elections for the municipality of Tirana.

Lawyer Ylli Manjani stated a few days ago on Euronews Albania that the municipalities will now go to elections only after the Constitutional Court has concluded its trial and if it finds the government's decision correct. However, this could take several months.

"The dismissed Mayor has the right to appeal within 15 days to the Constitutional Court. During the time specified, the decision of the Council of Ministers is suspended. So, there is no dismissal decision."

If the solution is without Veliaj's consensus, he will force the election of the new mayor of Tirana in time. This is the legal procedure.

"It is not legally simple to go to elections with other municipalities, the elections will go to elections but only after the Constitutional Court has concluded its trial and if it finds the government's decision right ," declared Manjani.

We recall that the decision to dismiss Veliaj came a few weeks after the request of Socialist leader Edi Rama at the Socialist Party Assembly, a meeting where he announced Ogerta Manastirliu as the SP's candidacy.

On the other hand, the opposition has not yet announced its candidacy and is currently continuing negotiations for a potential name.