Constitutional Court ruling on Erion Veliaj made public, triggers debate over SPAK case and mayor’s continued detention

The Constitutional Court has formally reinstated Erion Veliaj as Mayor of Tirana, overturning both the government’s decision to dismiss him and President Bajram Begaj’s decree calling early elections. The full reasoning behind the ruling, published today, has intensified public debate — not just over local governance, but also over Veliaj’s continued detention in a high-profile SPAK corruption case.

Why is this important: The decision reaffirms that only grave constitutional or legal violations can justify removing an elected mayor. At the same time, it raises uncomfortable legal and political questions: if Veliaj’s mandate is valid and elections are off the table until 2027, can the capital function democratically while its elected leader remains in custody?

Context: In a 5–3 decision, the court struck down the Council of Ministers’ order to remove Veliaj, citing violations of due process and a lack of legal justification. Judges Sandër Beci, Ilir Toska, Fiona Papajorgji, Marsida Xhaferllari, and Mariana Semini voted in favor of the annulment. Olta Zaçaj, Sonila Bejtja, and Gent Ibrahimi opposed.

The court found that Veliaj was not properly notified of the municipal and government sessions discussing his dismissal and was not given a fair chance to respond.

“The right to a fair process belongs to the individual, but the duty to guarantee it rests on public institutions,” the court stated.

It also ruled that the presidential decree setting Novemeber 9 as the election date was invalid, as it was based on a now-unconstitutional government decision.

The ruling emphasized that elected mayors can only be removed under clear constitutional conditions — not through political procedures or discretionary decisions — and that public interest in accountable governance cannot override individual rights or electoral mandates.

Reactions: Prime Minister Edi Rama responded at length on X, framing the ruling as a principled move by the Court and using it to call attention to what he described as a legal contradiction.

Rama said the decision clearly showed he does not control the judiciary, but stressed that if no new election will take place in Tirana until 2027 and the Court insists Veliaj cannot be removed except via elections, then his continued detention touches on a broader constitutional issue.

“Keeping him in custody is now not only a violation of individual constitutional rights, but also of the people’s right to be governed by their elected representative,” Rama wrote. “If the Court acted on principle here, we should expect the same principle to apply when it reviews his detention — and return Veliaj to office to face trial in freedom.”

He called the situation an “absurd stalemate” and warned that Tirana “cannot remain an orphan city for years.”

What else: Veliaj has been in pretrial detention since February 10, facing nine charges from SPAK, including corruption, abuse of office, money laundering, failure to declare assets, and bringing prohibited items into prison.
The ruling followed a 7-hour Constitutional Court hearing, during which Veliaj’s legal team argued that the dismissal process lacked due process and violated the principle of local autonomy.

Now officially reinstated, Veliaj remains in custody — setting up a potential clash between constitutional precedent and prosecutorial discretion.