In its capacity as an interested party, the Presidency has petitioned the Constitutional Court to declare its lack of competence with respect to the presidential decree dated October 1, issued by President Bajram Begaj, concerning the scheduling of local by-elections.

The Presidency’s submission contends that the Constitutional Court lacks jurisdiction to adjudicate matters pertaining to the decree establishing the election date.

The document states that the Constitutional Court does not have jurisdiction to review the President’s decree, requests the immediate revocation of the suspension, and asks for the removal of the President’s Office as an interested party, cautioning that proceeding further would be unconstitutional.

The Presidency further requests that, following the conclusion of the hearing, the Constitutional Court reject the claim submitted by the dismissed Mayor of Tirana, Erion Veliaj, on the grounds that it is unsubstantiated under Article 115 of the Constitution.
According to the Presidency, the current legislation clearly defines the government’s decision to dismiss Erion Veliaj as an individual administrative act.

“The Constitutional Court acts pursuant to Article 115 of the Constitution as the guardian of the constitutional system and as a safeguard preventing the executive branch from abusing its powers. ‘Serious violations of the Constitution and laws’ constitute a legal basis that must be reviewed by the Constitutional Court before a dismissal can take effect. This is the protection granted by the Constitution.”

“If the dismissal is not founded on a serious violation of the Constitution or laws, the Constitutional Court lacks jurisdiction to review or intervene in the matter. Any claims that other grounds for dismissal, even if false or unlawful, have infringed upon the constitutional rights of the dismissed Mayor must be resolved through administrative judicial channels and may only be raised before the Constitutional Court incidentally or after all judicial remedies have been exhausted,” states the Presidency’s submissions.

The Presidency requests the Constitutional Court to lift the suspension of the decree and to order the Central Election Commission to organize elections for the Municipality of Tirana on a date set by the Court, no sooner than 30 days after the Court’s decision takes effect.

The Presidency emphasizes that, as an interested party, only such a procedure can restore the constitutionality of this appeal process, which was arbitrarily compromised by the Constitutional Court itself.

On October 9, the Constitutional Court suspended the President’s decree setting the election date for the Municipality of Tirana.

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