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The full decision of the Constitutional Court on the Veliaj case is revealed

Politiko 2026-07-01 18:42:05

The full decision of the Constitutional Court on the Veliaj case is revealed

The Constitutional Court has published the reasoning behind the decision taken on May 25, by which, with five votes in favor and three against, it ordered the High Court to reconsider the request of the arrested mayor of Tirana, Erion Veliaj, for the replacement of the security measure.

In her argument, the Constitutional Court assesses that the Supreme Court has not provided a complete analysis of the necessity of the measure "prison arrest", failing to explain why lighter security measures could not be applied.

According to the decision, this assessment should also take into account the fact that Veliaj holds the position of mayor of Tirana.

The Court emphasizes that the impact of the arrest measure on the right to be elected, guaranteed by Article 45 of the Constitution, has not been sufficiently analyzed. Also, according to the Constitutional Court, the Supreme Court has not exercised an effective control to assess whether alternative measures, such as a property guarantee or other less restrictive measures, would be sufficient to avoid procedural risks without hindering the exercise of public office.

Another element highlighted in the decision relates to the manner in which Veliaj was held during the court hearings. The Constitutional Court notes that the Supreme Court has not justified the claim that his stay in the glass booth could create the perception of a dangerous person, thus violating the principle of the presumption of innocence.

Meanwhile, SPAK has closed the investigation against Erion Veliaj and sent the file for trial to the Special Court. The Special Prosecution Office attributes 13 charges to him, while his wife, Ajola Xoxa, faces 12 charges.

According to SPAK, Veliaj and Xoxa are suspected of having benefited in nine different episodes from money, real estate and other illegal benefits from companies and non-profit organizations, which then received public funds or construction permits from the Municipality of Tirana.

The investigation alleges that, in his capacity as mayor, Veliaj signed off on the distribution of public funds, which ended up in organizations linked to his wife or people close to her. According to the investigation file, the couple also benefited from properties of considerable value from entities that had received public contracts and building permits from the Municipality of Tirana.

Click  here  for the full decision.

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