Erion Veliaj appeals President’s decree on Tirana elections to Constitutional Court

Former Tirana mayor Erion Veliaj has filed a new appeal with the Constitutional Court, seeking to annul the decree of the President of the Republic that set the date for partial municipal elections in the capital.

Why is this important: This is Veliaj’s second appeal to the Constitutional Court this week. On Monday, he contested the government’s decision to dismiss him, arguing that his absence from duty was due to pre-trial detention and not negligence, making the dismissal unlawful. The new case adds further legal uncertainty around the political fate of the Tirana mayoralty.

Context: The Constitution stipulates that when a dismissal is appealed to the Constitutional Court, all subsequent steps — including setting an election date — should be suspended until the Court rules. Nevertheless, the President issued a decree scheduling elections in six municipalities, including Tirana.

The Presidency argued that Veliaj’s dismissal was not based on constitutional violations under Article 115 but rather on Article 62 of the Local Government Law, which allows removal for failing to appear at work for three months. In this case, the Presidency said, appeals should be made to the Administrative Court, and therefore the decree stands.

Veliaj’s lawyers, however, insist the President acted “in flagrant violation of constitutional guarantees.” Their filing states:

“A mayor who has been dismissed and appeals the decision within 15 days to the Constitutional Court suspends the dismissal. The President can only set an election date if the right to appeal is not exercised within the deadline, or if the Constitutional Court upholds the government’s decision.”

They also warn that if the decree is not immediately suspended, the electoral process could create “irreversible consequences,” including the election of a new mayor, rendering any later Constitutional Court ruling meaningless.

What else: The lawyers argue this would create a dangerous precedent where elected local officials could be replaced through elections before the Court rules on the validity of their dismissal. Such a practice, they say, would politicize the removal process, undermine separation of powers, and erode representative democracy.

They also caution that the practice could allow any elected local official to be sidelined by the combined actions of a municipal council, the government, and the President, creating a public perception of guilt before trial and undermining the presumption of innocence — a cornerstone of due process.

Political backdrop: The President’s decree covered six municipalities in total, five of which had vacancies due to mayoral resignations. The Tirana case, however, has triggered the fiercest political debate. The opposition has also declared the decree null, but has nevertheless begun preparing for the vote, seeking a candidate to face the Socialist nominee Ogerta Manastirliu, announced over a month ago.