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The Presidency clarifies the decree of the elections in Tirana: Suspension, only if ordered by the Administrative Court

2025-10-01 16:42:24Politikë SHKRUAR NGA REDAKSIA VOX

The Presidency clarifies the decree of the elections in Tirana: Suspension, only

Due to the high public interest, the institution of the President of the Republic clarifies that for the vacancy created in Tirana, the President has reviewed the regularity of the procedure followed, from the perspective of respecting the independence and proposing authority of the municipal council, and has concluded that the declaration of the vacancy was made at the end of a process of ascertainment and verification, carried out according to the competence of the Tirana Municipal Council and the Council of Ministers.

In respect of institutional neutrality, the President of the Republic does not examine the merits of the case.

From the documentary practice of the case, it results that the Council of Ministers has referred to the legal framework, which determines that dismissal for “failure to appear at work for an uninterrupted period of 3 months” constitutes a different case from dismissal “for serious violations of the Constitution or laws”, which is provided for by Article 115 of the Constitution. This means that, for VKM no. 539, dated 25.09.2025, the constitutional jurisdiction for the right to appeal does not apply, but the administrative judicial jurisdiction.

The decision of the Council of Ministers dismissing the mayor “for serious violations of the Constitution or laws” is suspended in the event that an appeal is filed against it with the Constitutional Court. Any other decision dismissing the mayor on the grounds that the latter is “convicted of committing a criminal offense by a final court decision”, or that he is “proposed for dismissal by the relevant municipal council for failure to appear for duty for an uninterrupted period of 3 months”, unless appealed to the Administrative Court (not the Constitutional Court), is suspended only if the suspension is specifically ordered by the Administrative Court.

As results from the accompanying documentation of the DCM, this legal clarification has been available to the party and the public since 25.09.2025.

The President of the Republic notes that, in the period from the date of approval of the VKM, no appeal has been registered with the competent judicial body and there is no suspension decision on its part. Meanwhile, the deadline for the President of the Republic to announce the elections is only 48 hours from the receipt of the notification.

With the issuance of the decree, legal remedies remain available to the parties, in order for them to protect their legitimate interests.


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