Partial local elections set for November 9 in six municipalities

On November 9, voters in six municipalities — Tirana, Vlorë, Berat, Mat, Tepelenë, and Cërrik — will head to the polls to elect new mayors. The decree was issued by the President of the Republic just 24 hours after the Council of Ministers formally notified him of the vacancies and requested that a date be set for partial local elections.

Why is this important: While five of the vacancies resulted from resignations, the decree on Tirana has stirred intense debate. Unlike the other cases, former mayor Erion Veliaj was dismissed by government decision, and he has already filed an appeal to the Constitutional Court. Opposition parties and some legal experts argue that this should have suspended any further steps, including setting an election date.

Context: The President’s office, however, explained that Veliaj’s appeal to the Constitutional Court did not prevent the decree. In its reasoning, the presidency stated that the government acted under Article 62 of the Law on Local Government — dismissal for “absence from duty for an uninterrupted three-month period” — which differs from Article 115 of the Constitution, which allows dismissal for “serious violations of the Constitution or the law.”

According to this interpretation, appeals in cases like Veliaj’s fall under the jurisdiction of the Administrative Court, not the Constitutional Court. Only dismissals based on constitutional violations are suspended when appealed before the Constitutional Court. In contrast, dismissals based on prolonged absence are suspended only if the Administrative Court orders it.

Since Veliaj’s lawyers filed with the wrong court, the President argued that there was no legal barrier to issuing the decree. He also noted that no suspension order had been registered with the competent court within the 48-hour timeframe in which he was required to set the election date.

What else: The decree emphasizes that legal remedies remain available to all parties to protect their legitimate interests. Veliaj’s appeal to the Constitutional Court, filed on Monday, could still be considered within two months by a three-judge panel. That panel will decide whether to reject the case or forward it for a full hearing.