The Mayor of Tirana, Erion Veliaj, is set to appear in person tomorrow at the Administrative Court of First Instance in Tirana, where the first hearing will take place regarding his legal challenge to a presidential decree appointing a prosecutor.

The lawsuit seeks to declare absolutely invalid Decree No. 5936, dated November 17, 2008, issued by the President of the Republic, which appointed Ols Dado as a prosecutor in Albania. The case will be reviewed by Judge Hazbi Balliu.

At the core of the legal challenge is a fundamental question ???? the rule of law: whether criminal authority can be exercised by an individual who allegedly never met the legal criteria required to serve as a prosecutor.

According to the filing, the appointment was carried out in clear violation of Law No. 8737/2001, as the appointee reportedly failed to meet both the general and specific legal requirements for the position. As a result, the decree is argued to be null ab initio—legally non-existent and incapable of producing valid legal effects.

The lawsuit highlights broader concerns about the legitimacy of public authority, arguing that actions taken by an unlawfully appointed prosecutor may be subject to invalidation, including those affecting individual freedoms and the functioning of public institutions, such as the Municipality of Tirana.

The case also draws parallels with a recent ruling in the United States, where a federal court found that prosecutor Lindsey Halligan lacked legal authority due to an improper appointment, leading to the dismissal of charges she had filed and her subsequent removal from office.

Legal experts note that the case extends beyond an individual appointment, raising significant constitutional questions about the legality of public power and the enforcement of legal standards in Albania.

The court’s decision is expected to have far-reaching implications for the integrity of the justice system and the principle that the law applies equally to all, including those entrusted with prosecutorial authority.

The proceedings are ongoing.