
After the first decision, which found a violation of constitutional standards regarding the dismissal of the Mayor of Tirana, a mandate won directly by the vote of the citizens, the Constitutional Court has again ruled in favor of Erion Veliaj, annulling the decision of the High Court and returning the case for reconsideration.
The Constitutional Court concluded that the High Court did not exercise effective constitutional control over the security measure, did not analyze its proportionality in relation to the public function exercised by the applicant, did not specifically assess the alternatives to detention and did not provide a constitutional response to the impact that this measure has on the right to exercise the mandate won by the citizens' vote, as well as on the citizens' own right to be governed by the representative they have elected.
This decision constitutes a development of particular importance not only for the case of Mr. Veliaj, but also for the constitutional standards that must be respected in any restriction of personal freedom, especially when it comes to a public function won through democratic elections.
It is now up to the Supreme Court to implement without delay the obligations imposed by the Constitutional Court and to examine with absolute priority the issue of the security measure, guaranteeing the required constitutional standards. A rapid decision-making is not only an obligation towards an individual, but also towards the constitutional order, the normal functioning of institutions and the right of the citizens of Tirana to have a local government that functions in accordance with the Constitution.