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The College decided not to review the request of the mayor of Tirana, who opposed the decision of Judge Etleva Deda and requested the invalidity of the hearings held after it, as well as the declaration of unconstitutionality of two legal provisions...
The Constitutional Court Panel has decided not to review the lawsuit of the mayor of Tirana, Erion Veliaj, in a plenary session, rejecting his request to declare the decision of the Special Court against Corruption and Organized Crime (SCOC) invalid, which paved the way for the initiation of the legal process against him.
The College's decision means that Veliaj's request will not be reviewed on its merits by the Constitutional Court, while the legal process against him continues according to the usual procedures.
The mayor's lawsuit centered on decision no. 29, dated February 9, 2026, taken by the judge of the preliminary hearing at the GJKKO, Etleva Deda. This decision decided to proceed to trial the criminal file investigated by the Special Prosecution Office against Corruption and Organized Crime (SPAK), about a year after Veliaj's arrest.
According to the request filed with the Constitutional Court, Veliaj claimed that the decision of the judge of the previous session was contrary to the Constitution and therefore requested its repeal.
In addition to this request, he requested that the Constitutional Court declare invalid all court hearings held in connection with criminal proceedings No. 27/2024, after February 9, 2026, arguing that they were based on a decision that, according to him, was unconstitutional.
Another part of the lawsuit concerned the constitutional review of legal provisions regulating criminal procedure and the functioning of special justice institutions.
Specifically, Veliaj requested: the annulment as incompatible with the Constitution of decision no. 29, dated February 9, 2026, of the Special Court of First Instance against Corruption and Organized Crime, issued by the judge of the previous session, Etleva Deda;
declaring invalid all court hearings held in criminal proceedings no. 27/2024 after this decision;
the finding as incompatible with the Constitution of the first paragraph, letter "a", of Article 332/gj of the Code of Criminal Procedure;
the finding as unconstitutional of Article 14 of Law No. 95, dated January 6, 2026, "On the organization and functioning of institutions to combat corruption and organized crime ".
With the decision of the Constitutional Court Panel not to proceed with the case, none of these requests will be subject to review on the merits.
Meanwhile, the criminal trial against Erion Veliaj continues in the Special Court. For the mayor of Tirana, his wife Ajola Xoxa and some of the other defendants in the same case, the trial has started from the beginning, as they chose the usual trial procedure and not the summary trial.
Unlike this group, some of the other defendants in the same criminal proceedings have requested to be tried under the summary trial procedure, which provides for the development of the process solely on the basis of the acts administered during the investigation, without the administration of new evidence at the hearing.
The rejection of the lawsuit by the Constitutional Court Panel leaves in force the decision of the judge of the preliminary hearing to transfer the file to trial and does not bring any changes to the progress of the criminal proceedings against Erion Veliaj and the other co-defendants.
A few days ago, the Constitutional Court published the reasoned decision on Erion Veliaj's appeal, partially accepting his request and annulling the decision of the Criminal Chamber of the Supreme Court on the security measure "Arrest in prison".
In decision no. 57, dated May 25, 2026, announced on July 1, 2026, the Constitutional Court decided that the case be returned for review to the High Court, after finding constitutional problems in the way this court handled Veliaj's claims.
In the enacting clause of the decision, the Constitutional Court states: “Partial acceptance of the request. Annulment of decision no. 00-2025-1153 (176), dated 08.07.2025 of the Criminal Chamber of the Supreme Court, as incompatible with the Constitution of the Republic of Albania. Sending the case for review to the Supreme Court.”
The essence of the decision is related to the fact that, according to the Constitutional Court, the Supreme Court has not exercised effective control over the most severe measure of personal security, that of arrest in prison, especially in relation to Veliaj's public function as mayor of Tirana, elected by direct vote.
The Constitutional Court notes that substantial claims were raised in the appeal regarding the lack of proportionality of the measure, but the High Court, according to it, was mainly satisfied with approving the reasoning of the Appeals Court.
The decision states: " The Supreme Court has essentially satisfied itself with approving the reasoning of the Appeals Court, without verifying, in relation to the specific claims raised in the appeal, whether that reasoning had provided a sufficient response to the applicant's claims regarding the need for an individualized reasoning . " /Pamphlet/
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