The Government's justification for dismissing Erion Veliaj from the position of Mayor of Tirana is considered weak by most of the country's lawyers and constitutionalists, but the defense of this justification before the Constitutional Court appeared even weaker.
The Government representative was questioned by members of the Constitutional Court at this Friday's session regarding the legal basis and practice followed for the decision to dismiss Veliaj.
The court asked the government's opinion on whether they noticed a conflict between Article 62, point C, of the Law on Local Self-Government, adopted in 2015, and Article 115 of the country's Constitution.
Article 62, point C of the law on local self-government provides for the dismissal of a mayor in the event of failure to report to work for a period of more than 3 months, while Article 115 of the Constitution provides that someone elected by the people, as in the Veliaj case, cannot be dismissed without a final decision by the courts.
The government representative's response left even the Constitutional Court judges speechless, implying that when the Tirana Municipal Council's decision reached them, they had two choices: either to respect the 2015 law or to respect the Constitution.
'We chose the law,' said the Government representative, overthrowing the hierarchy of laws in the Assembly, at the top of which is the country's Constitution.
In addition, the Government representative also put an end to the debate about who dismissed Veliaj, the Municipal Council or the Council of Ministers.
" The draft decision of dismissal is drafted and approved by the Prime Minister's Office, not by the Municipal Council ," he said.