Constitutional Court suspends President Begaj’s decree on Tirana elections

The Constitutional Court has suspended the implementation of President Bajram Begaj’s decree setting November 9 as the date for the Tirana mayoral by-election, following a complaint filed by suspended mayor Erion Veliaj. The decree remains valid for the other five municipalities where elections are scheduled.

Why is this important: This ruling adds another dramatic chapter to the Veliaj saga, which has dominated Albanian politics since the mayor’s arrest and suspension. The Constitutional Court’s decision effectively overturns the President’s decree to call elections in Tirana, a decree that had surprised many jurists at the time. Legal experts had described the reasoning of President Begaj’s advisers as overly creative, arguing that they had stretched procedural interpretations to justify holding elections even while Veliaj’s appeal was pending. Now, the Court’s unanimous suspension delivers a direct blow to the President, and an indirect one to the Prime Minister and the Socialist majority, who were eager to move forward quickly with a new political chapter in the capital.

Context: According to the Albanian Constitution, when the Council of Ministers decides to dismiss a local official, the decision can be appealed to the Constitutional Court within 15 days. During that time, the dismissal — and any subsequent procedures, such as declaring the vacancy or setting an election date — are automatically suspended until a final ruling is issued.

In this case, although Veliaj appealed his dismissal to the Constitutional Court, President Begaj proceeded to issue a decree setting the date for by-elections in six municipalities, including Tirana.

Veliaj’s lawyers argued that his dismissal was not based on any constitutional violation, but rather was justified by applying Article 62 of the Law on Local Governance, which allows the dismissal of a mayor that fails to appear at work for three months. The lawyers claimed Veliaj’s absence was justified and involuntary, as he is being held in pre-trial detention under SPAK orders.

The President’s advisers, however, maintained that Veliaj’s appeal should have been filed with the Administrative Court, not the Constitutional Court, and that therefore the suspension rule did not apply. In response, Veliaj’s legal team filed a second motion asking the Constitutional Court to annul the President’s decree.

After reviewing both arguments, the eight judges of the Constitutional Court decided unanimously to suspend only the part of the decree related to Tirana until the full review of the Veliaj’s case on October 31.

What else: The Constitutional Court’s hearing will take place nine days before the planned election date. Meanwhile, the Central Election Commission (CEC) had already begun logistical preparations for the November 9 vote in the capital.

The ruling majority has not yet reacted publicly, but opposition leader Sali Berisha praised the decision, calling it a defense of constitutional order and “a slap in the face for the President.” According to Berisha, the unanimous vote of the eight judges is further proof that “the Constitutional Court stood firm to protect the Constitution,” adding that this gives Parliament stronger grounds to dismiss Begaj.

Despite the ruling, Berisha emphasized that the opposition will continue preparing for the November 9 local by-elections in Tirana and the other municipalities.