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"Dismissal is the competence of the Administration"/ Gjokutaj: Veliaj has been politically assassinated

2025-09-29 18:43:00, Politikë CNA

"Dismissal is the competence of the Administration"/ Gjokutaj: Veliaj

Lawyer Genc Gjokutaj, invited to Syri TV, spoke about the dismissal of Erion Veliaj and the procedure followed by him.

Gjokutaj said that reviewing this issue is not the competence of the Constitutional Court, but of the Administrative Court.

The lawyer stated that it is in Veliaj's best interest to go to the Constitutional Court because if he goes there, the decision to dismiss him will be suspended.

Gjokutaj declared that Veliaj was politically assassinated.

"The entire provision of Article 115 speaks of cases when the government's decision is legitimized for unconstitutionality. Constitutional violations oblige the Constitutional Court to judge this issue. I think that the case in the CC will not be judged for lack of competence. The other two cases are: the final decision, point 2 of Article 62 on local government, and point 3 on the basis of which the proposal for dismissal was made by the municipal council for failure to appear at work for three months. I think that this provision proposed by the municipal council and approved by the Council of Ministers may be on the verge of an administrative violation, as an administrative decision of the municipal council. I do not think that it is the competence of the CC, but of the Administrative Court.

 

Mr. Veliaj's advantage in relation to this conflict he has with the VKM that dismisses him from office is that he wants to go to the CC, because, upon receiving the complaint, the case is immediately suspended. The suspension of this case interests him, because it gives him time. While a different procedure is followed in the Administrative Court, the case continues. The lawyers should make a request to the judge and ask for the suspension of the VKM, that is, the suspension of the dismissal, until the Administrative Court makes a final decision.

This issue will be tried in one of the courts. So even if the CC does not judge it, it will pass it on to the Administrative Court for jurisdiction. What interests Rama and the government is the time until the courts make a final decision. Let's see, because the Court of Appeals takes time. It is more difficult regarding the suspension, because of course the administrative judge does not have the protection that a constitutional judge has in decision-making and there will be great pressure on that judge, who can make a decision to suspend the execution of the VKM. Erion Veliaj can remain in office and this then suspends the announcement of the election date and postpones the elections.

 

Veliaj's lawyers have addressed the CC and we will see what happens. Will the court grant itself jurisdiction or will it declare incompetence and transfer the case to the Administrative Court? The problem is that there are three points, Serious violation of the Constitution, where the government does it directly, but specifically it cannot do it itself because there is a criminal process and a final decision is needed to terminate the mandate. This is so true that there are procedural provisions for the measure of securing arrest with imprisonment. An additional, prohibitive measure, such as the dismissal of the official from duty, is not allowed. The law allows the arrest, but not the dismissal of elected persons. For elected persons, a final decision is expected. This is the case.

The 3-month case is a simple gathering and does not need verification. Veliaj was shot politically and this is easily understood , "said Gjokutaj./ CNA





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