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The Constitutional Court's decision is published in the Official Gazette, here are the arguments that were used to overturn Bajram Begaj's decree
2025-10-09 18:44:10 / AKTUALITET
The Constitutional Court's decision is published in the Official Gazette, where it also argues for the overturning of President Bajam Begaj's decree on the partial elections of the Municipality of Tirana, which were suspended after this decision, because they were found to be in violation of Article 115 of the Constitution.
The 8-member panel argued that if the elections were allowed to take place and if the decree were legalized, "this would bring irreparable consequences in terms of the rights of the local elected official", in this case former mayor Erion Veliaj, who had appealed his dismissal by the Municipal Council and the Council of Ministers.
"The Assembly of Judges, after considering the claims of the applicant in support of the request for suspension, assessed that in the specific case it is in the conditions provided for by Article 45 of Law No. 8577/2000. In the assessment of the Assembly of Judges, the implementation of the President's decree for the holding of local elections only for the Municipality of Tirana would bring irreparable consequences in terms of the rights of the local elected official (the applicant), as long as the judicial case for his dismissal is still under consideration", this decision states, among other things.
And for these above reasons, the Meeting of Judges of the Constitutional Court of the Republic of Albania, in support of Article 45, point 1, of Law No. 8577, dated 10.2.2000 “On the Organization and Functioning of the Constitutional Court of the Republic of Albania”, as amended, and Article 27, of the Rules of Procedure of the Court, unanimously decided:
"Suspension of the decree of the President of the Republic of Albania no. 350, dated 1.10.2025 "On setting the date of partial local elections for mayor, for some local government units" for the part that sets the date of local elections in the Municipality of Tirana".
The full decision of the Constitutional Court in the Official Gazette:
“ DECISION ON THE REQUEST FOR SUSPENSION
The Meeting of Judges of the Constitutional Court of the Republic of Albania, composed of:
On 9.10.2025, it took into preliminary consideration the request submitted by the applicant Erion Veliaj with the subject: “Abolition of the decision of the Council of Ministers no. 539, dated 25.09.2025 “On the dismissal from office of the Mayor of Tirana, Mr. Erion Veliaj”, as incompatible with the Constitution. Abolition of the decree of
President of the Republic No. 350, dated 1.10.2025 “Determining the date of the partial local elections for mayor, for some local government units” for the part that sets the date of the local elections in the Municipality of Tirana, as incompatible with article 115, points 2 and 3 of the Constitution.
Suspension of the legal effects of the decree of the President of the Republic No. 350, dated 1.10.2025 “On setting the date of the partial local elections for mayor, for some local government units” for the part that sets the date of the local elections in the Municipality of Tirana in application of the suspensive effects that paragraph 2 and 3 of article 115 of the Constitution provides, until the decision is taken by the Constitutional Court.”.
The Meeting of Judges, after considering the request for the suspension of the decree of the President of the Republic No. 350, dated 1.10.2025,
On 29.9.2025, the applicant addressed the Constitutional Court (Court) with a request for the annulment of the decision of the Council of Ministers no. 539, dated 25.9.2025 “On the dismissal from office of the Mayor of Tirana, Mr. Erion Veliaj” on the claim that it is contrary to Article 115 of the Constitution. On 1.10.2025, the President of the Republic issued decree no. 350, dated 1.10.2025 “On setting the date of the partial local elections for mayors, for several local government units”, including the Municipality of Tirana as defined in point 1 of this act. The applicant, on 2.10.2025, addressed the Court with a request for additional scope, also requesting the repeal of the decree of the President of the Republic for point 1 thereof and the suspension of the legal effects of this act, based on Article 45 of Law No. 8577/2000.
The applicant claimed that the possible consequences are the organization of elections in a municipality where there is no legal vacancy; the expenditure of human and financial resources for organizing the elections; an electoral process imposed politically and against the will of the citizens. According to him, if the suspension is not imposed, the Court's decision will not restore the previous situation and the consequences would be irreversible, creating a dangerous precedent, the replacement of the local elected official before the validity of the dismissal is established.
The Meeting of Judges of the Constitutional Court of the Republic of Albania, in accordance with Article 45, point 1, of Law No. 8577, dated 10.2.2000 “On the Organization and Functioning of the Constitutional Court of the Republic of Albania”, as amended, and Article 27, of the Rules of Procedure of the Court, unanimously,
Tirana, 9.10.2025/ Chairperson: Holta Zaçaj .
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