Tirana Municipality is facing an unusual situation. The mayor is not physically in his office, but he continues to hold the position.
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Erion Veliaj can run the local government from pre-trial detention, as the law does not require him to delegate his powers.
Following Anuela Ristani’s departure from the post of acting mayor, Veliaj’s signature remains necessary for the institution’s documents.
However, his lack of physical freedom is expected to cause delays in the decision-making process.
Lawyer Arbër Hoxha described Veliaj’s return to office following the Constitutional Court’s decision as expected, and even overdue.
According to him, the mayor can exercise his duties from the detention facility, while documents can be sent to him for signing by the secretary-general or the legal director.
Indrit Sefa explained that, as long as Veliaj has not authorized any of the deputy mayors, every document issued by Tirana Municipality must be sent to the Durrës detention facility to be signed and then registered with the municipality.
Directors may report to the deputy mayors in accordance with the institution’s structure, but the latter do not have the right to represent the municipality in relations with third parties.
The mayor’s absence from the municipal headquarters has created a clear deadlock in the day-to-day administration of the capital.
However, according to the lawyers, the Constitution and the law on local self-government do not prevent an elected mayor from continuing his mandate even when he is in custody, while the acting mayor has been dismissed.
Sefa referred to Article 64 of the law on local self-government, which stipulates that the administrative activities of Tirana Municipality are carried out by the mayor, with the exception of powers belonging to the municipal council.
He stressed that until now the institution had been represented by Anuela Ristani, while following the removal of the delegation, Veliaj must also attend meetings of the municipal council.
Arbër Hoxha underlined that the citizens of Tirana voted for Erion Veliaj, not Anuela Ristani, and therefore responsibility for the municipality’s actions or failures to act remains with the elected mayor.
He added that, since the investigations have concluded and the evidence can no longer be compromised, a measure such as an obligation to report would be more appropriate than detention in prison, while the case also remains to be reviewed by the European Court of Human Rights.
The solution proposed by the lawyers is to continue signing documents from pre-trial detention. Meanwhile, citizens are calling for Tirana Municipality not to face further chaos caused by the mayor’s physical absence.
