The Constitutional Court has decided today to suspend President Bajram Begaj's decree announcing the partial local elections for November 9, following the request submitted by the former mayor of Tirana, Erion Veliaj.
The judges' meeting was accompanied by fierce debates, as some members argued that the suspension of the decree is a rare interference in the president's powers, while others demanded that it be guaranteed "not to conduct a process that may prove invalid."
Sources from the Court indicate that the decision was made by majority vote and will remain in force until the final decision is made on Veliaj's request for an assessment of the legality of his dismissal as mayor.
The hearing on the merits is scheduled for October 31, and it is expected that it will discuss whether the three-month absence rule is a constitutional reason for dismissal, or whether it conflicts with the Constitution.
It is also expected to address the more delicate issue — whether Veliaj's three-month absence was voluntary, or was caused by circumstances beyond his control. We recall, for example, that for deputies, a six-month absence is effective only if it is voluntary, and not when it occurs due to external causes, as in the case of a judicial security measure. One such case was that of Sali Berisha, for whom at the time the Assembly itself – in fact the majority – did not take action to terminate his mandate.
These issues and other possible discussions may prevent the Constitutional Court from issuing its final decision before November 9, the day the by-elections are scheduled to take place.
As a result, depending on the Court's final decision, the elections in Tirana Municipality will either not take place or will have to be rescheduled with a new presidential decree.
