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"He has brought the lawyers into the debate"/ Beçi: Here is what the Constitution provides for the decreeing of elections

2025-10-02 21:55:00, Politikë CNA

"He has brought the lawyers into the debate"/ Beçi: Here is

Former prosecutor Eugen Beçi shared today details of the legal aspect regarding the decreeing of the date of partial elections for 6 municipalities in the country.

In a television show, Beçi analyzed the decision by referring to the definitions made in the Constitution, an issue about which he said he has even brought the lawyers themselves into the debate.

Beçi stated that the entire debate is related to the way Article 115 of the Constitution was viewed and the proceedings taken in the case of the arrested former mayor of Tirana, Erion Veliaj.

"This is an assessment that has brought lawyers into debate. The Law on Local Self-Government and the Constitution cannot be seen separately. If you look only at the Constitution, you have Article 115, which states that dismissal is for serious legal violations, and suspension is carried out after an appeal, but it lacks details that the Constitution cannot take on, since it speaks of general principles. If you look only at the Constitution, you say that he was not dismissed for serious violations of the law, but that he did not go to work.

If you take the law alone, it seems like there is no connection. They should be taken together. We have a conclusion, the Municipal Council proposes, the Council of Ministers decides on dismissal, automatically if you file an appeal with the Court of Justice, from a formal point of view, only the submission to the Court of Justice protocol should suspend the effect. I think they cannot be taken separately. But if you take them together... The law provides for three points of dismissal and then goes to the Constitution. I say they should be taken together. If you take them separately, you will not find the administrative reasons for dismissal. If you look at Article 115 in isolation, it is clear that he should never be dismissed. Therefore, they are taken organically and Article 62 of the Law on Local Self-Government is also included.

What you say, administrative violation has two basic principles. First, due process and here we are in the GJK, in the habitat of the GJK, where there are at least 4 decisions that have foreseen the way in which due process should be carried out. During the entire process we have a fundamental violation that the GJK cannot leave unmentioned, in the case of the mayor of the Municipality of Vau i Dejës, where it is stated that the person must be acquainted with the reasons for the dismissal, secondly to participate in the process, in person or through his representative. Neither the President nor the CM can interpret what the GJK has in mind. The GJK should not hide and come out.

The Constitutional Court has its deadlines, the trio of judges will meet, assess whether it is within its competence, will interpret the article exhaustively, will discuss the competence. Therefore, neither the President nor any institution can prejudge and say, it is not administrative or Constitutional. Two former prosecutors general, are by decision of the Constitutional Court, three mayors are the same, but their mandate had ended. The slogan is "The Constitutional Court is the guarantor of the Constitution". It is time for the Constitutional Court to seize the Constitution and protect it. This is the role of the guardian. Within a week, it can gather the judges and can reiterate with a decision, the suspension provided for in Article 115. But the problem is that the Constitutional Court does not have an executive body. So the Constitutional Court decides, they do not ask and it continues. How is it done?", said Beçi ./CNA