BIRN: President ignores the Constitution and decrees elections in Tirana

After the government announced the vacancy, President Bajram Begaj decreed elections for the Municipality of Tirana, despite Erion Veliaj's complaint being filed with the Constitutional Court. The Democratic Party denounced the act as a serious violation of the Constitution.

Through a decree that is expected to be debated at length, the President of the Republic, Bajram Begaj, decided on Wednesday that the partial elections in the Municipality of Tirana and 5 other municipalities in the country will be held on November 9, regardless of an appeal registered with the Constitutional Court against the dismissal of Erion Veliaj from the Council of Ministers.

According to the decree, by-elections will be held on November 9 in Tirana, Vlora, Berat, Mat, Tepelena and Cerrik.

Along with the decree, President Begaj also distributed a public clarification on the Tirana case, where he interprets the dismissal of Mayor Veliaj and makes a legal leap that suggests that his complaint should have been directed to the Administrative Court and not the Constitutional Court.

According to Begaj, from the documentary practice of the case, it results that the Council of Ministers has referred as the legal framework for dismissal to point c of article 62 of the law "On Local Self-Government" on "failure to appear at work for an uninterrupted period of 3 months."

This, adds Begaj, "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."

Following this reasoning, the President says that he only verified whether there is an appeal or suspension decision against the government's decision in the Administrative Court.

According to the Constitution and the Law on "Local Self-Government", an elected mayor can be dismissed by the Council of Ministers for serious violations of the Constitution and laws, when convicted by a final decision or when he fails to report to duty for a period of 3 months.

But the Constitution gives the elected official the right to appeal the dismissal to the Constitutional Court, which automatically suspends the decision of the Council of Ministers until the appeal is reviewed.

Asked by BIRN why Veliaj's appeal to the Constitutional Court was not considered, the Presidency did not comment, suggesting that the legal arguments had been exhausted in the notice.

After the decree was announced, the Democratic Party accused President Begaj of committing a serious violation of the Constitution and undermining the authority of the Constitutional Court. According to the head of the DP parliamentary group, Gazmend Bardhi, the president had put the elections in Tirana in a constitutional deadlock.

"The jurisdiction to review the appeal against the Council of Ministers' dismissal is not determined by Edi Rama in relation to the matter, but by the Constitution of the Republic of Albania. A constitutional mandate cannot be terminated except for the reasons expressly provided for in the Constitution and this is subject to constitutional control," said Bardhi, adding that "Edi Rama has taken Bajram Begaj hostage."

Veliaj was arrested on February 10, after the Special Prosecution Office declared that it had uncovered a corruption scheme where the municipality he headed and businessmen who won tenders in the municipality fed money to a network of companies and non-profit organizations run by Veliaj's wife, Ajola Xoxa.

The dismissal of Veliaj, who until a few months ago was seen as a central figure of the Socialist Party and successor to Edi Rama, was initiated precisely by Rama, who instructed the socialist councilors of the municipality to begin the dismissal procedure, which was finalized with the government's decision. / BIRN