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Removed the mandate of Beler, Dule appeals to the KAS against the decision of Celibashi

Politiko 2024-08-03 15:27:46

Removed the mandate of Beler, Dule appeals to the KAS against the decision of

The head of the PBDNJ, Vangjel Dule, appealed to the Appeals and Sanctions Commission (KAS) the decision of the State Election Commissioner Ilirjan Celibashi, who declared Fredi Beleri's mandate as mayor of Himara invalid.

A day before the partial elections in Himare, Dule requests the annulment of the decision dated July 5, 2024, calling it an illegal act, since according to him, he acted in excess of the powers recognized by the law, violated the legal provisions in regarding the administrative procedure, there is a lack of mandatory elements of the administrative act, such as the reasoning part of all its orders.

Celibashi took the decision to declare Fredi Beleri's mandate invalid after the latter's conviction with a final decision by the Court of Appeal, which sentenced him to 2 years in prison for election crime. He argued at the CEC meeting that under the conditions Beleri was in, the decriminalization law prohibits him from running for the post of mayor and no longer exercising the function.

" The decision of the CEC is an illegal administrative act, since the administrative body acted in excess of the powers recognized by the law, it violated the legal provisions regarding the administrative procedure, there is a lack of mandatory elements of the administrative act, such as the reasoning part of of all its orders and the applicable law for the effect of concrete decision-making, is in violation of the provisions that regulate the exercise of the powers of this body, as well as it is a consequence of the discretion exercised in an illegal manner, as such it should be annulled, based in article 109/a, b, and "dh" of the Code of Administrative Procedures as well as articles 113 and 114 of the Code of Administrative Procedures, in order to restore legality.

It turns out that the CEC has started an administrative procedure based on request no. 1719 prot., dated 26.06.2023 of the citizen Mr. Eugen Likaj through which the finding of the early termination of the mandate of the Mayor of Himarë, Mr. Dhionisios (Alfred) Petro Beleri, proposed by the "Together Win" coalition electoral entity, for the elections for local government bodies on May 14, 2023.

Based on Article 61 of Law no. 139/2015, the cases of premature termination of the mandate are taxing, and relate to such objective circumstances as the inability of the mayor to exercise his duties, due to death, loss of ability to act, or subjective circumstances, refusal of the elected mayor to take the oath, not living in the same municipality where the mayor was elected, running for deputy, resigning, or being dismissed by the Council of Ministers according to Article 62 of the same law. In all these cases, the procedure does not go through the CEC, but the municipal council (Article 61/3) notifies the prefect, who in turn notifies the Council of Ministers, who notifies the President, who applies the Electoral Code. So the CEC is the last link after the President, for the effect of the implementation of the Electoral Code. In this provision, which is the only one that provides for the "premature termination of the mandate" of the mayor, the case of punishment by a final court decision is not provided for as a case of premature termination of the mandate, it is not provided that the request can be it is done by any citizen in the CEC, and no decision-making by the CEC is foreseen.

In the reasoning part of the administrative act, the Commissioner does not express and has not given any consideration of the fact or the law in relation to the submitted request which set it in motion, which had as its object the "premature termination of the mandate" - it is said in Dule's complaint .