A document prepared by the Presidency for the October 31st Constitutional Court process has been made public in the media. The document summarizes the arguments of President Bajram Begaj's legal team and disputes the manner in which the Constitutional Court has suspended the decree for the elections in Tirana.
According to the Presidency, the Constitutional Court did not have to rely on Article 115 of the Constitution, which speaks of dismissals for “serious violations of the Constitution and laws.” This article, the material states, is not relevant to Erion Veliaj’s case, as he was not dismissed for violations, but for absence from duty for more than three months, as provided for in Article 62 of the Law on Local Government.
Presidency experts emphasize that all decisions — from the Municipal Council, the Council of Ministers, and up to the President — have been based on this article (62, letter “ç”) and not on article 115 of the Constitution. They ask where the Constitutional Court found article 115 to use as a basis for suspending the elections.
According to the Presidency, by suspending the President's decree, the Constitutional Court has interfered with the powers of the Head of State and prevented him from exercising his duties. The decree announcing the elections, the document states, is an administrative act, and the court has no right to suspend it.
The Presidency adds that if the court wanted to suspend something, it should have suspended the decision of the Council of Ministers that dismissed Veliaj, not the President's decree.
According to this reasoning, the Constitutional Court has acted without jurisdiction and has created a situation where the President is forced to annul his own decree, since elections cannot be held where there is no vacancy.
In conclusion, the Presidency's materials create the idea that the Constitutional Court's decision was not impartial and that this court directly influenced the political process related to the fate of the elections in Tirana.
