FLASH
Shkruar nga Mero Baze
Faced with this pressure from the two highest institutions of the Albanian state, the Constitutional Court will find it difficult to remain united, not out of political fear, but from the small interests that manage to fill empty seats in the justice system...
Following the submissions of the President and the Prime Minister's Office on the issue of Erion Veliaj's dismissal to the Constitutional Court, it is clear that the government and the President consider it a mistake that the Constitutional Court has suspended the implementation of the election decree, considering it an excess of the Court's powers, since according to them, the parties should appeal against the election decree to the Administrative Court.
However, the Constitutional Court has linked the decree of the elections to the government's decision to dismiss Veliaj, which caused the election vacancy, and this is a fundamental preliminary interpretation of the court in this matter.
For this reason, both submissions to the Constitutional Court, both the government's and the President's, attempt to attack precisely this interpretation of the Constitutional Court. The unusual tone of the President's letter to the Constitutional Court is based precisely on the fact that they have confused it with the government's VKM, while the government's justifications disavow its role in this matter, saying that they have simply formalized the decision of the Municipal Council.
So, the whole battle is for the Constitutional Court to take a step back from the unanimous decision to suspend the elections, which was based precisely on the connection of the government's request to President Begaj to call elections in Tirana, following the decision of the Municipal Council.
Faced with this pressure from the two highest institutions of the Albanian state, the Constitutional Court will find it difficult to remain united, not out of political fear, but from the small interests that manage to fill empty seats in the justice system.
The professional scenario that goes along the same wavelength as the first decision is that, unanimously, Veliaj's dismissal is considered unconstitutional, thus preserving the honor of the Constitutional Court, after all these "small battles" that question its professional integrity in the face of political pressures.
But no one is betting on this anymore.
The second scenario would be the remaining eight members of the Constitutional Court, where the votes are divided four by four and thus there is no decision, which means that Veliaj's dismissal remains in force, as it is not rejected by the Court and the election process continues.
The third scenario, which may "please" everyone, is for the President to fill Olta Zaçe's vacancy with Judge Asim Vokshi, but the latter does not have time to take the oath, and as a result, 7 members of the Constitutional Court remain until October 31. After that, if the parties disagree, a 4-3 decision in favor of Veliaj could be reached, meaning that his dismissal would morally win by a majority vote, but this is considered insufficient, as 5 votes are needed.
Thus, the Constitutional Court preserves its "honor" for other precedents in the future, Veliaj loses his mandate and continues the battle in Strasbourg, while the government continues the elections.
This last scenario "satisfies" all parties, but not the dignity of the Constitutional Court.
But it seems that the Constitutional Court itself does not have much need for it either.
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