The Administrative Court will hold a hearing tomorrow to review the lawsuit filed by Tirana Mayor Erion Veliaj, regarding the invalidity of the 2008 decree of the then President of the Republic (Bamir Topi), appointing prosecutor Olsi Dado.
Through a media release, Veliaj's lawyers have confirmed the latter's presence at tomorrow's hearing.
It is learned that the session will start at 1:00 PM.
The lawyers' announcement states that "the lawsuit raises a fundamental issue for the functioning of the rule of law: can criminal power be exercised by an entity that has never met the legal requirements to be a prosecutor?"
According to the lawsuit, " the appointment was made in flagrant violation of Law No. 8737/2001, as the appointed subject did not meet either the general or the specific criteria established by law for the exercise of the function of prosecutor. Consequently, the act is considered null ab initio (from the beginning), i.e. legally non-existent and incapable of producing valid consequences."
According to them, this issue is not just about an individual appointment, but affects a fundamental principle: the legality of the source of public power.
"If such an important function as that of the prosecutor can be exercised outside of legal criteria, then the rule of law itself and the guarantee of the fundamental rights of citizens are directly threatened."
The lawsuit argues that all actions taken by an entity appointed in violation of the law are exposed to invalidity, including those that have produced direct consequences on personal freedom and the functioning of public institutions, in this case the Municipality of Tirana , "it further states.
Veliaj has also requested disciplinary proceedings against prosecutor Ols Dado in the ILD and KLP, regarding the violations he claims he committed in the examination of the criminal case in his charge.
He even accused the prosecutor of insulting him during a hearing. Veliaj has been in custody in Durres since February 13 of last year.