The Central Election Commission (KQZ) voted today unanimously for the two new deputies that will replace former deputies Dashamir Tahiri (PDIU) and Shkëlqim Selami (LSI).
Edmond Zejno will take over the mandate of Tahiri, while Flamur Çelaj replaces Selami.
On December 29, the KQZ revoked the mandate of Tahiri and Selami, as well as the mandate of Kavaja Mayor Elvis Rroshi. The are accused of hiding their criminal past from the self-declaration forms implemented in the context of the decriminalization law.
Legal unclarity
Tahiri and Selami both filed lawsuits against the KQZ’s revocation of their mandates at the Administrative Court in Tirana. They argue that their mandate can only be revoked after a conviction in court.
This situation is the result of legal unclarity regarding the treatment of current public functionaries under the decriminalization law.
Article 15 of Law no. 138/2015 “for the guarantee of the integrity of persons who are elected, nominated, or execute a public function,” also known as the decriminalization law, states clearly that for current public functionaries, including deputies, “if it is proven that there exist circumstances to prevent election or nomination, the necessary constitutional or legal procedures for the ending of the mandate are implemented.”
The Constitution does not state any specific procedure for the ending of a deputy’s mandate; it ends automatically based on a number of conditions, such as a conviction in the courts, but does not refer back to the decriminalization law. In other words, the decision of the KQZ to remove Tahiri’s and Selami’s mandate is constitutionally speaking not explicitly a reason for their mandates to actually end, because the KQZ decision, following Art. 16(3) of the decriminalization law, does not imply a conviction.
