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The Supreme Court's test, preserving equality before the law

2026-05-25 21:07:00, Opinione CNA

The Supreme Court's test, preserving equality before the law

The Constitutional Court's decision essentially leaves the Supreme Court with only one legally coherent alternative. It should provide a more extensive reasoning on the relationship between the right to be elected and the security measure, but leaving the measure of "prison arrest" in force.

This is because the Constitutional Court itself did not reject the existence of reasonable suspicion for criminal offenses, did not declare the security measure unconstitutional, nor did it find arbitrariness in the arrest of Erion Veliaj. It only requested that the High Court justify the proportionality of the measure in relation to his status as an elected mayor.

But this is precisely the line that the Supreme Court cannot cross. If it were to conclude that the measure should be mitigated or lifted because of Veliaj's political mandate, then it would create de facto immunity for elected officials. Such a privilege is not recognized by the Constitution or Albanian law.

The principle of equality before the law does not allow political mandate to serve as a shield against criminal security measures. On the contrary, the justice reform itself was built on the idea that political power cannot produce criminal immunity.

Therefore, the Supreme Court practically has only one way. It must justify why the right to be elected is not absolute and why, in the presence of reasonable suspicion and the needs of criminal proceedings, the measure of “prison arrest” remains proportionate even to an elected official. Any other solution would create a privileged standard for political power, unknown to the Albanian constitutional order./CNA





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