Subject: Appeal against IQC decision no. 304, dated 06.10.2020
Registration date: 22.12.2020
Initiated by: Assessee
Object:
Pursuant to the provisions of Article 66 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as pursuant to the provisions of Law no. 49/2012 “On the organization and functioning of administrative courts and adjudication of administrative disputes”, I request the Appeal Chmaber:
First: Consideration of the evidence filed by me as an assessee, such evidence attached to the appeal referred for this purpose the grounds submitted in the appeal, namely, collecting as evidence of these acts:
- Decision no. {***}, date {***} of the Court of {***}, {***}
- Article published on the portal {***} on {***};
- Minutes of the meeting of the High Council of Justice dated {***}.
Second: Overruling IQC decision no. 304, dated 06.10.2020 and the repetition of the administrative investigation by you as Appeal Chamber or, alternatively, amendment of decision no. 304, dated 06.10.2020 of the Independent Qualification Commission and finally deciding:
- Confirmation in office of the assessee Neritan Cena, as judge of Tirana Judicial District Court.
Third: With reference to the provisions of Article 51 of Law no. 49/2012 “On the organization and functioning of administrative courts and adjudication of administrative disputes”, consideration of the case in a public hearing with the presence of the parties.
Adjudication panel:
Presiding: Rezarta Schuetz
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Ina Rama, Natasha Mulaj
Case (JR) no. 63/2020, dated 22.12.2020 will be considered in chambers on Monday, 03.04.2023, at 10:00.
The trial in chambers for the case (JR) no. 63/2020, dated 22.12.2020 initiated on Monday, 03.04.2023, at 10:00. For objective reasons, the court decided to adjourn the hearing to 13.04.2023, at 10:00.
The trial in chambers for case (JR) no. 63/2020, dated 22.12.2020 was initiated on Monday, 03.04.2023, at 10:00. Due to objective reasons, the court decided to adjourn the hearing to 13.04.2023, at 10:00. The final decision was announced on 13.04.2023.
Status: Concluded
Subject: Appeal against IQC decision no. 293, dated 10.09.2020
Registration date: 22.12.2020
Initiated by: Assessee
Object:
Amendment of decision, ruling: Confirmation in office of the assessee Artur Gaxha, judge at Tirana Court of Appeal
Adjudication panel:
Presiding: Albana Shtylla
Rapporteur: Rezarta Schuetz
Members: Ardian Hajdari, Ina Rama, Natasha Mulaj
Following the replacement by lot of judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case shall consist of the following judges:
Presiding: Albana Shtylla
Rapporteur: Rezarta Schuetz
Members: Sokol Çomo, Natasha Mulaj, Ina Rama
Following the request of the assessee Artur Gaxha for the replacement of judge Natasha Mulaj from the trial panel, such request accepted unanimously by decision no. 12, dated 05.05.2023 of the trial panel composed of judges: Sokol Çomo (presiding), Ina Rama, Rezarta Schuetz, Albana Shtylla dhe Mimoza Tasi (members), the trial panel of case (JR) no. 62/2020, dated 22.12.2020, shall consist of the following judges:
Presiding: Albana Shtylla
Rapporteur: Rezarta Schuetz
Members: Sokol Çomo, Ina Rama, Mimoza Tasi
Case (JR) no. 62/2020, dated 22.12.2020 shall be considered in chambers on Thursday, 08.06.2023, at 10:00.
Case (JR) no. 62/2020, dated 22.12.2020 was considered on Thursday, 08.06.2023, at 10:00. The final decision on the case was made on 08.06.2023.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 297, dated 17.09.2020
Registration date: 18.12.2020
Initiated by: Assessee
Object:
- Annulment of decision no. 297, dated 17.09.2020, of the Independent Qualification Commission.
- Determining the invalidity of the administrative investigation procedure, of the public hearing, of the interim and final decisions of the trial panel.
- Conducting the judicial investigation from the beginning and for all three criteria. Collecting the evidence requested by me as well as new ones.
- Correction of procedural errors of the decision, by adjudicating the case in a public hearing.
- Suspension of the review and referring the case to the Constitutional Court for the repeal of Article 61/3 of Law no. 84/2016.
- Confirmation in office of the assessee Tritan Hamitaj, Judge at the Court of Appeal Durrës.
Adjudication panel:
Presiding judge: Ardian Hajdari
Rapporteur: Natasha Mulaj
Members: Ina Rama, Rezarta Schuetz, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Albana Shtylla
Rapporteur: Natasha Mulaj
Members: Sokol Çomo, Ina Rama, Rezarta Schuetz
Case (JR) no. 61/2020, dated 18.12.2020 was considered in chambers on Monday, 23.01.2023, at 10:00. The hearing was adjourned to 06.02.2023, at 10:00. The final decision was made on 06.02.2023, 10:00.
Status: Concluded (decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 316, dated 17.11.2020
Registration date: 18.12.2020
Initiated by: Public Commissioner
Object:
Amendment of paragraph 1 of the enacting clause of decision no. 316 dated 17.11.2020 of the Independent Qualification Commission with the following content:
- To declare the termination of the process of transitional re-evaluation for the assessee Ibrahim Hoxha, due to the loss of the status of magistrate as he has been convicted by a final decision for committing a crime;
And
- To guide the Independent Qualification Commission on resolving similar cases on the need to clarify the legal basis, providing a different reasoning of the decision, and as the Appeal Chamber will deem it, to specify of the enacting clause in its paragraph 1”.
Adjudication panel:
Presiding judge: Natasha Mulaj
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo
Hearings held for case (JR) no.60/2020, dated 18.12.2020: on Wednesday, 21.07.2021, at 10:00; on Monday, 13.09.2021, at 10:00; on Monday, 04.10.2021, at 10:00. The next hearing took place on 13.10.2021, at 10.00. The final decision will be announced on 14.10.2021, at 10:00.
Status: Under trial
Subject: Appeal against decision of the Independent Qualification Commission no. 284, dated 03.08.2020
Registration date: 16.12.2020
Initiated by: Assessee
Object:
- Annulment of decision no. 284, dated 03.08.2020 of the Independent Qualification Commission.
- Determining the invalidity of the administrative investigation procedure, of the hearing, of the interim and final decisions of the trial panel.
- Conducting the judicial investigation from the beginning. Collecting the evidence requested by me as well as new ones.
- Correction of procedural errors of the decision, by adjudicating the case in a public hearing.
- Confirmation in office of the assessee Hysen Saliko, judge at Vlora Court of Appeal.
Adjudication panel:
Presiding judge: Natasha Mulaj
Rapporteur: Ardian Hajdari
Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Natasha Mulaj
Rapporteur: Sokol Çomo
Members: Rezarta Schuetz, Albana Shtylla, Mimoza Tasi
Case (JR) no. 59/2020, dated 16.12.2020 shall be considered in chambers on Thursday, 30.03.2023, at 10:00.
Case (JR) no. 59/2020, dated 16.12.2020 was considered in chambers on Thursday, 30.03.2023, at 10:00. The final decision was made on 30.03.2023.
Status: Concluded(Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 313, dated 10.11.2020
Registration date: 16.12.2020
Initiated by: Assessee
Object:
Appeal against paragraph 2 of decision no. 313 dated 10.11.2020 of the Independent Qualification Commission, by requesting: Repeal of paragraph 2 of decision no. 313 dated 11.10.2020 of the Independent Qualification Commission.
Adjudication panel:
Presiding judge: Ina Rama
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Rezarta Schuetz, Albana Shtylla
On Tuesday, 16.02.2021, at 10:00 h, the case (JR) no. 58/2020 dated 16.12.2020 was tried in chambers. The final decision was made on 16.02.2021.
Status: Completed ( Decision )
Subject: Appeal against decision of the Independent Qualification Commission no. 289, dated 06.08.2020
Registration date: 07.12.2020
Initiated by: Assessee
Object:
Objection of decision no. 289, dated 06.08.2020 of the Independent Qualification Commission, having as object the temporary re-evaluation of the assessee Lindita Hoxha, judge at Shkodra Court of Appeals, by requesting the amendment/annulment of the decision no. 289 dated 06.08.2020 of Independent Qualification Commission and confirmation in office of the assessee.
Adjudication panel:
Presiding judge: Natasha Mulaj
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Ina Rama, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding judge: Natasha Mulaj
Rapporteur: Albana Shtylla
Members: Sokol Çomo, Ina Rama, Mimoza Tasi
Case (JR) no. 57/2020, dated 07.12.2020 was considered in chambers on Wednesday, 22.02.2023, at 10:00. The final decision was made on 22.02.2023.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 279, dated 23.07.2020
Registration date: 07.12.2020
Initiated by: Assessee
Object:
Amendment of decision no. 279, dated 23.07.2020, of the Independent Qualification Commission which dismissed from office the assessee, judge Flutura Skënderi, by ruling on confirmation in office the assessee.
Adjudication panel:
Presiding judge: Albana Shtylla
Rapporteur: Rezarta Schuetz
Members: Ardian Hajdari, Ina Rama, Natasha Mulaj
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Albana Shtylla
Rapporteur: Rezarta Schuetz
Members: Natasha Mulaj, Ina Rama, Mimoza Tasi
Case (JR) no. 56/2020, dated 07.12.2020 shall be considered in chambers on Tuesday, 25.04.2023, at 10:00.
Case (JR) no. 56/2020, dated 07.12.2020 was considered in chambers on Tuesday, 25.04.2023, at 10:00. The final decision was made on 25.04.2023.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 270, dated 03.07.2020
Registration date: 07.12.2020
Initiated by: Assessee
Object:
Overrule of decision no. 270, dated 03.07.2020 of the Independent Qualification Commission and termination of the re-evaluation process for the appellant Shpresa Beçaj.
Adjudication panel:
Presiding judge: Rezarta Schuetz
Rapporteur: Ardian Hajdari
Members: Albana Shtylla, Ina Rama, Natasha Mulaj
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Rezarta Schuetz
Rapporteur: Mimoza Tasi
Members: Natasha Mulaj, Ina Rama, Albana Shtylla
Following the request of the judge Natasha Mulaj to the recusal from the trial panel of the case, a request unanimously accepted by decision no. 15 dated 15.11.2022, of the panel composed of judges: Rezarta Schuetz (presiding), Sokol Çomo, Ina Rama, Albana Shtylla and Mimoza Tasi members, the trial panel of case (JR) no. 55/2020, dated 07.12.2020, shall have the following composition:
Presiding: Rezarta Schuetz
Rapporteur: Mimoza Tasi
Members: Sokol Çomo, Ina Rama, Albana Shtylla
Case (JR) no. 55/2020, dated 07.12.2020 was considered in chambers on Thursday, 01.12.2022, at 10:00. The final decision on the case was made on 01.12.2022.
Status: Concluded
Subject: Appeal against decision of the Independent Qualification Commission no. 277, dated 21.07.2020
Registration date: 27.11.2020
Initiated by: Assessee
Object:
Objection of decision no. 277, dated 21.07.2020 for the temporary re-evaluation of the assessee Niko Rapi, judge at Tirana Judicial District Court, as well as amendment of this decision by ruling on confirmation in office of the assessee Niko Rapi,
- Admission of the appeal.
- Transfer into the public hearing of the administrative case act no. 349, decision no. 277, dated 21.07.2020 of the Independent Qualification Commission, corresponding to the assessee Niko Rapi.
- Amendment of decision no. 277, dated 21.07.2020 of the Independent Qualification Commission and confirmation in office of the assessee Niko Rapi, judge at Tirana Judicial District Court.
Adjudication panel:
Presiding judge: Ina Rama
Rapporteur: Natasha Mulaj
Members: Albana Shtylla, Ardian Hajdari, Sokol Çomo
Te ceshtja
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Ina Rama
Rapporteur: Natasha Mulaj
Members: Sokol Çomo, Albana Shtylla, Mimoza Tasi
Case (JR) no. 54/2020, dated 27.11.2020 was considered in chambers on Tuesday, 08.11.2022, at 10:00. The final decision on the case was made on 08.11.2022.
Status: Concluded
Subject: Appeal against decision of the Independent Qualification Commission no. 286, dated 04.08.2020
Registration date: 24.11.2020
Initiated by: Public Commissioner
Object:
Upholding of decision no. 286, dated 04.08.2020, of the Independent Qualification Commission or amendment of this decision.
Adjudication panel:
Presiding judge: Sokol Çomo
Rapporteur: Ina Rama
Members: Albana Shtylla, Ardian Hajdari, Rezarta Schuetz
Hearings held for case (JR) no. 53/2020 dated 24.11.2020: on Thursday, 30.09.2021, at 10:00; On Thursday, 07.10.2021, at 14:00. The final decision on the case was announced on Monday, 11.10.2021, at 13.00.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 272, dated 08.07.2020
Registration date: 23.11.2020
Initiated by: Assessee
Object:
Amendment of decision no. 272, dated 08.07.2020, of the Independent Qualification Commission. Confirmation in office of the assessee Rozeta Qirjaqi (Goskova), prosecutor with the Court of Appeal, Korça, requesting:
– Transfer into public hearing of the administrative case with decision no. 272, dated 08.07.2020 of the Independent Qualification Commission, corresponding to the assessee Rozeta Qirjaqi.
– Obtaining of new evidence attached to the appeal, as well as any other evidence that might be necessary or required by the litigants during the proceedings.
– Amendment of decision no. 272, dated 08.07.2020 of the Independent Qualification Commission and confirmation in office of the assessee Rozeta Qirjaqi, prosecutor with the Court of Appeal, Korça.
Adjudication panel:
Presiding judge: Ardian Hajdari
Rapporteur: Rezarta Schuetz
Members: Albana Shtylla, Natasha Mulaj, Sokol Çomo
Case (JR) no. 52/2020, dated 23.11.2020 shall be considered in chambers on Thursday, 20.04.2023, at 10:00.
Case (JR) no. 52/2020, dated 23.11.2020 was considered in chambers on Thursday, 20.04.2023, at 10:00. The final decision on the case was made on 20.04.2023.
Status: Concluded(Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 294, dated 15.09.2020
Registration date: 23.11.2020
Initiated by: Assessee
Object:
Objection of decision no. 294, dated 15.09.2020 of the Independent Qualification Commission. Objection of the interim decision dated 15.04.2020 of the Independent Qualification Commission, which dismissed the request for the recusal of the Commissioner judge Etleda Çiftja, by requesting:
- Annulment of decision no. 294, dated 15.09.2020 of the Independent Qualification Commission as a decision which is a consequence of violating the principle of impartiality regarding the way the adjudication panel was established and its composition.
- Annulment of the decision dated 15.04.2020 of the Independent Qualification Commission which dismissed the recusal request, by deciding: Admission of the assessee’s request and recuse the Commissioner judge Etleda Çiftja from the composition of the adjudication panel.
- Sending back the re-evaluation case of the assessee Alaudin Malaj to the Independent Qualification Commission to be reviewed by a different adjudication panel.
Adjudication panel:
Presiding judge: Rezarta Schuetz
Rapporteur: Sokol Çomo
Members: Albana Shtylla, Ardian Hajdari, Ina Rama
On Monday, 21.12.2020, at 12:00h, it was held the first public hearing on the case (JR) no.51/2020, dated 23.11.2020. The other hearings on the case were held: on 27.01.21, at 10:00h; on 09.02.2021, at 10:00h; on 17.02.2021, at 13:00h; on 23.02.2021, at 09:00h. The final decision was announced on 23.02.2021, at 15:00h.
Status: Concluded ( Decision )
Subject: Appeal against decision of the Independent Qualification Commission no. 257, dated 12.06.2020
Registration date: 18.11.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no. 257, dated 12.06.2020, of the Independent Qualification Commission or upholding of this decision.
Adjudication panel:
Presiding judge: Natasha Mulaj
Rapporteur: Ardian Hajdari
Members: Albana Shtylla, Ina Rama, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Natasha Mulaj
Rapporteur: Sokol Çomo
Members: Ina Rama, Albana Shtylla, Mimoza Tasi
A public hearing was held for case (JR) no. 50/2020, dated 18.11.2020 on Tuesday, 13.12.2022, at 10:00. The next hearing took place on 19.12.2022, at 10:00. The final decision was announced on 20.12.2022, at 14:00.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 275, dated 20.07.2020
Registration date: 16.11.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no. 275, dated 20.07.2020, of the Independent Qualification Commission and dissmissal from offic eof the asssessee Enkeleda Osmani (Xhengo).
Adjudication panel:
Presiding judge: Rezarta Schuetz
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Natasha Mulaj, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Rezarta Schuetz
Rapporteur: Albana Shtylla
Members: Sokol Çomo, Natasha Mulaj, Mimoza Tas
The first hearing for case (JR) no. 49/2020, dated 16.11.2020 was held on Tuesday, 24.01.2023, at 10:00. The next hearing will take place on 03.02.2023, at 10:00.
Status: Under trial (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 260, dated 15.06.2020
Registration date: 10.11.2020
Initiated by: Assessee
Object:
Objection of decision no. 260, dated 15.06.2020 of the Independent Qualification Commission by requesting the amendment of the decision and confirmation in office of the assessee Petrit Aliaj, judge at the Court of Appeal, Vlora.
Adjudication panel:
Presiding judge: Ina Rama
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Natasha Mulaj, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Ina Rama
Rapporteur: Albana Shtylla
Members: Sokol Çomo, Natasha Mulaj, Rezarta Schuetz
Case (JR) no. 48/2020, dated 10.11.2020 was considered in chambers on Wednesday, 16.11.2022, at 10:00. The final decision was announced on 16.11.2022.
Status: Concluded
Subject: Appeal against decision of the Independent Qualification Commission no. 264, dated 17.06.2020
Registration date: 22.10.2020
Initiated by: Public Commissioner
Object:
- Amendment of decision no. 264, dated 17.06.2020 of the Independent Qualification Commission or upholding of this decision.
Adjudication panel:
Presiding judge: Sokol Çomo
Rapporteur: Ina Rama
Members: Albana Shtylla, Ardian Hajdari, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Sokol Çomo
Rapporteur: Ina Rama
Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz
Following the request of the assessee Elona Toro for the recusal of judge Natasha Mulaj from the panel, a request accepted unanimously by decision no. 13 dated 15.11.2022, of the panel composed of judges: Mimoza Tasi (presiding), Sokol Çomo, Ina Rama, Rezarta Schuetz and Albana Shtylla members, the trial panel of the case (JR) no. 47/2020, dated 22.10.2020, shall have the following composition:
Presiding: Sokol Çomo
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz, Mimoza Tasi
Hearings held for case (JR) no. 47/2020, dated 22.10.2020: on Wednesday, 23.11.2022, at 08:30; on Monday, 05.12.2022, at 10:00; on Wednesday, 21.12.2022, at 10:00; on Tuesday, 10.01.2023, at 10:00; on Thursday, 19.01.2023; on Wednesday, 25.01.2023, at 12:00. The final decision was announced on 02.02.2023, at 13:00.
Status: Concluded
Subject: Appeal against decision of the Independent Qualification Commission no. 263, dated 17.06.2020.
Registration date: 19.10.2020
Initiated by: Assessee
Object:
Amendment of decision no. 263, dated 17.06.2020 of the Independent Qualification Commission rendered for the assessee Nure Dreni and confirmation in office.
Opening the judicial investigation and holding the adjudication in a public hearing, re-examination of the evidence in the re-evaluation file, as well as allowing the submission and review of some new evidence, which meet the provisions of Article 47 of Law 49/2012, by requesting:
- Transfer into public hearing of the administrative case no. 263, dated 17.06.2020 of the Independent Qualification Commission, corresponding to the assessee Nure Dreni.
- Amendment of decision no. 263, dated 17.06.2020 of the Independent Qualification Commission rendered for the assessee Nure Dreni and confirmation in the office of judge.
Adjudication panel:
Presiding judge: Natasha Mulaj
Rapporteur: Rezarta Schuetz
Members: Albana Shtylla, Ardian Hajdari, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Natasha Mulaj
Rapporteur: Rezarta Schuetz
Members: Sokol Çomo, Albana Shtylla, Mimoza Tasi
Case (JR) no. 46/2020, dated 19.10.2020 will be considered in chambers on Wednesday, 15.03.2023, at 10:00.
Case (JR) no. 46/2020, dated 19.10.2020 was considered in chambers on Wednesday, 15.03.2023, at 10:00. The final decision was announced on 15.03.2023.
Status: Concluded
Subject: Appeal against decision no. 278, datë 22.07.2020 of the Independent Qualification Commission.
Registration date: 15.10.2020
Initiated by: Assessee
Object:
Amendment of the Independent Qualification Commission decision no. 278, dated 22.07.2020. Confirmation in office of the assessee Selim Kryeziu, judge at Shkodra Court of Appeal, who requests:
- Adjudication of the case in public hearing.
- Partial reopening of the judicial investigation and carrying out the accounting expertise act with a group of experts, by getting the evidence and questioning the witnesses cited above.
- Amendment of the Independent Qualification Commission decision no. 278, dated 22.07.2020.
- Confirmation in office of the assessee Selim Kryeziu, judge at Shkodra Court of Appeal.
Adjudication panel:
Presiding judge: Albana Shtylla
Rapporteur: Ardian Hajdari
Members: Ina Rama, Natasha Mulaj, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Albana Shtylla
Rapporteur: Sokol Çomo
Members: Ina Rama, Natasha Mulaj, Rezarta Schuetz
Case (JR) no. 45/2020, dated 15.10.2020 was considered in chambers on Wednesday, 14.12.2022, at 10:00. The final decision was made on 14.12.2022.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 261, dated 16.06.2020
Registration date: 02.10.2020
Initiated by: Assessee
Object:
Amendment of decision no. 261, dated 16.06.2020, of the Independent Qualification Commission, for the assessee Blerim Tominaj, by ruling on his confirmation on duty and requesting:
- Transfer into public hearing of the administrative case with decision no. 261 dated 16.06.2020 of the Independent Qualification Commission, for the assessee Blerim Tominaj.
- Continuation of the administrative investigation even for the three components of the re-evaluation process related to the assets, background and proficiency assessment for the assessee Blerim Tominaj.
- Amendment of decision no. 261, dated 16.06.2020 of the Independent Qualification Commission and confirmation in office as Prosecutor in the Prosecutor’s Office of Tirana Judicial District.
Adjudication panel:
Presiding judge: Ardian Hajdari
Rapporteur: Sokol Çomo
Members: Albana Shtylla, Ina Rama, Rezarta Schuetz
Case (JR) no. 44/2020, dated 02.10.2020 shall be considered in chambers on Monday, 27.03.2023, at 10:00
Case (JR) no. 44/2020, dated 02.10.2020 was considered in chambers on Monday, 27.03.2023, at 10:00. The final decision was made on 27.03.2023.
Status: Concluded
Subject: Appeal against decision of the Independent Qualification Commission no. 273, dated 10.07.2020
Registration date: 30.09.2020
Initiated by: Public Commissioner
Object:
- Amendment of decision no. 273, dated 10.07.2020, of the Independent Qualification Commission and dismissal from office of assessee Alkelina Gazidedja
Adjudication panel:
Presiding judge: Ina Rama
Rapporteur: Ardian Hajdari
Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz
Hearing held for case (JR) no. 43/2020, dated 30.09.2020: on Thursday,
28.10.2021, at 10:00; on Monday, 01.11.2021, at 14:00, on Tuesday, 09.11.2021,
at 10:00. The final decision was announced on 23.11.2021, at 12:00.
Status: Completed (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 269, dated 01.07.2020
Registration date: 30.09.2020
Initiated by: Public Commissioner
Object:
- Amendment of decision no. 269, dated 01.07.2020 of the Independent Qualification Commission.
or,
- Upholding of this decision.
Adjudication panel:
Presiding judge: Albana Shtylla
Rapporteur: Natasha Mulaj
Members: Ina Rama, Rezarta Schuetz, Sokol Çomo
The first hearing on case (JR) no. 42/2020, dated 30.09.2020 was held on Tuesday, 13.09.2022, at 10:00 h. The next hearing took place on 23.09.2022, at 09:00 h. The final decision was announced on September 30, 2022, at 13:00.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 271, dated 06.07.2020
Registration date: 21.09.2020
Initiated by: Assessee
Object:
Partial amendment of decision no. 271, dated 06.07.2020 of the Independent Qualification Commission (paragraph 2 of the enacting clause), by not applying the restriction of paragraph 2 of Article G of Annex to Constitution of the Republic of Albania.
Adjudication panel:
Presiding judge: Natasha Mulaj
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo
On Monday 23.11.2020, at 12:00 h, the Appeal Chamber shall review in camera the case (JR) no.41/2020, dated 21.09.2020 corresponding to the appeal of the assessee Petraq Dhimitri, against decision no. 271, dated 06.07.2020 of the Independent Qualification Commission.
The adjudication panel for this case consists of judges:
Presiding judge: Natasha Mulaj
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo
On Monday 23.11.2020, at 12:00, the Appeal Chamber held the hearing in camera on the case (JR) no.41/2020, dated 21.09.2020. The final decision on the case was rendered on 23.11.2020.
Status: Concluded ( Decision )
Subject: Appeal against decision of the Independent Qualification Commission no. 256, dated 12.06.2020
Registration date: 21.09.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no. 256, dated 12.06.2020, of the Independent Qualification Commission, and dismissal from office of the assessee Etleva Deda.
Adjudication panel:
Presiding judge: Ardian Hajdari
Rapporteur: Albana Shtylla
Members: Natasha Mulaj, Rezarta Schuetz, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Rezarta Schuetz
Rapporteur: Albana Shtylla
Members: Sokol Çomo, Natasha Mulaj, Mimoza Tasi
The first hearing for the case (JR) no. 40/2020, dated 21.09.2020 was held on Tuesday, 05.07.2022, at 10:00. The final decision was announced on 21.07.2022, at 09:30.
Status: Concluded
Subject: Appeal against decision of the Independent Qualification Commission no. 265, dated 18.06.2020
Registration date: 21.09.2020
Initiated by: Assessee
Object:
Amendment of decision no. 265 dated 18.06.2020 of the Independent Qualification Commisison.
- Re-opening of the investigation regarding:
- The assets assessment and background assessment criteria, as I will submit new evidence, to prove the contrary of the IQC conclusions.
- Opening of investigation regarding:
- The proficiency assessment criterion, a request which has been submitted with the IQC during the administrative investigation and at the hearing of the re-evaluation process.
- Confirmation in office of the assessee, Fatmira Hajdaraj (Hajdari), judge at the Appeal Court in Tirana
Adjudication panel:
Presiding judge: Natasha Mulaj
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo
Case (JR) no. 39/2020, dated 21.09.2020 was considered in chambers on Monday, 24.10.2022, at 10:00 a.m. The final decision was taken on 24.10.2022.
Status: Concluded (Decision)
Subject: Appeal against decision no. 244, dated 05.03.2020 of the Independent Qualification Commission.
Registration date: 18.09.2020
Initiated by: Assessee
Object:
– Amendment of decision no. 244, act no. 107, dated 05.03.2020, of the Independent Qualification Commission, for the assessee Skënder Haluci, and deciding on the confirmation in office of the assessee Skënder Haluci.
Requesting:
- Transfer into public hearing of the administrative case with no. 244, decision dated 05.03.2020 of the Independent Qualification Commission, related to the assessee Skënder Haluci;
- Continuation of the administrative investigation for the three components of the re-evaluation process related to assets, background and proficiency assessment of the assessee Skënder Haluci;
- Amendment of decision no. 244, dated 05.03.2020 of the Independent Qualification Commission and the confirmation in office of the assessee Skënder Haluci, Judge at Vlora Judicial District Court.
Adjudication panel:
Presiding Judge: Albana Shtylla
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Albana Shtylla
Rapporteur: Sokol Çomo
Members: Natasha Mulaj, Rezarta Schuetz, Mimoza Tasi
Case (JR) no. 38/2020, dated 18.09.2020 was considered in chambers on Thursday, 27.10.2022, at 10:00. The final decision was made on 27.10.2022.
Status: Concluded (Decision)
Subject: Appeal against decision no. 274, dated 16.07.2020 of the Independent Qualification Commission.
Registration date: 16.09.2020
Initiated by: Assessee
Object:
- Amendment of decision no. 274, dated 16.07.2020 of the Independent Qualification Commission. Confirmation in office of the assessee Spartak Çoçoli, Prosecutor at the Prosecution within the Gjirokastra Judicial District Court.
Requesting:
– Adjudication of the case in a public hearing.
– Amendment of decision no. 274, dated 16.07.2020 of the Independent Qualification Commission.
– Confirmation in office of the assessee Spartak Çoçoli, Prosecutor at the Prosecution within the Gjirokastra Judicial District Court.
Adjudication panel:
Presiding Judge: Rezarta Schuetz
Rapporteur: Ardian Hajdari
Members: Albana Shtylla, Ina Rama, Natasha Mulaj
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Rezarta Schuetz
Rapporteur: Albana Shtylla
Members: Ina Rama, Natasha Mulaj, Mimoza Tasi
Case (JR) no. 37/2020, dated 16.09.2020 was tried in chambers on Wednesday, 06.07.2022, at 10:00. The final decision was taken on 06.07.2022.
Status: Concluded (Decision)
Subject: Appeal against decision no. 241, dated 26.02.2020 of the Independent Qualification Commission.
Registration date: 11.09.2020
Initiated by: Public Commissioner
Object of the appeal filed by the Public Commissioner:
- Amendment of decision no. 241, dated 26.02.2020 of the Independent Qualification Commission, and dismissal from office of the assesasee Irena Gjoka
The assessee has submitted:
– Objection/rejection of the appeal of the Public Commissioner against decision no. 241, dated 26.02.2020, of the Independent Qualification Commission.
– Objection/revocation of decision no. 241/1, dated 15.06.2020, of the Independent Qualification Commission.
Adjudication panel:
Presiding Judge: Sokol Çomo
Rapporteur: Natasha Mulaj
Members: Albana Shtylla, Ardian Hajdari, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Sokol Çomo
Rapporteur: Natasha Mulaj
Members: Albana Shtylla, Mimoza Tasi, Rezarta Schuetz
Hearings held for case (JR) no. 36/2020, dated 11.09.2020: on Thursday, 05.05.2022, at 10:00; on Thursday, 26.05.2022, at 10:00; on Tuesday, 31.05.2022, at 14:00. The final decision was announced on 14.06.2022, at 09:00.
Status: Concluded (Decision)
Subject: Appeal against decision no. 255, dated 08.06.2020 of the Independent Qualification Commission.
Registration date: 11.09.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no. 255, dated 8.6.2020, of the Independent Qualification Commission and dismissal from office of the assessee, Ludovik Dodaj.
Adjudication panel:
Presiding Judge: Natasha Mulaj
Rapporteur: Albana Shtylla
Members: Ina Rama, Rezarta Schuetz, Sokol Çomo
On Tuesday, 07.06.2022, at 10:00, a public hearing was held on case (JR) no. 35/2020, dated 11.09.2020; the next hearing took place on Monday, 27.06.2022, at 10:00. The final decision shall be announced on 14.07.2022, at 13:00.
Status: Concluded (Decision)
Subject: Appeal against decision no. 254, dated 04.06.2020 of the Independent Qualification Commission.
Registration date: 10.09.2020
Initiated by: Assessee
Object:
- Absolute invalidity/illegitimacy of decision no. 254, dated 04.06.2020 of the Independent Qualification Commission.
- Amendment of decision no. 254, dated 04.06.2020 of the Independent Qualification Commission rendered for the assessee and confirmation in office of the assessee Entela Shedula.
Requesting:
– Absolute invalidity/ illegitimacy of decision no. 254, dated 04.06.2020 of the Independent Qualification Commission, return to duty.
– Review of the case in a public hearing;
– Identification of violations of Constitutional rights as well as those provided by the ECHR, against the assessee Entela Shedula, judge/head of Kavaja Judicial District Court;
– Amendment of decision no. 254, dated 04.06.2020 of the Independent Qualification Commission rendered for the assessee and confirmation in office of the assessee Entela Shedula.
Adjudication panel:
Presiding Judge: Albana Shtylla
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Albana Shtylla
Rapporteur: Sokol Çomo
Members: Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz
Case (JR) no. 34/2020, dated 10.09.2020 was considered in chambers on Wednesday, 20.07.2022, at 10:00. During this hearing, it was decided the transfer of the review of the case in a public hearing, on Wednesday, 14.09.2022, at 10:00. The next hearing took place on 20.09.2022, at 09:00. The final decision was announced on 22.09.2022, at 15:00.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 266, dated 18.06.2020.
Registration date: 01.09.2020
Initiated by: Assessee
Object:
Partial appeal of decision no. 266 dated 18.06.2020 of the Independent Qualification Commission only for paragraph 2 thereof, as follows: “Prohibition of the appointment of Mr. Ndue Gjura as a judge or prosecutor of any level, member of the High Judicial Council or the High Council of the Prosecution, High Inspector of Justice or Prosecutor General for a period of 15 years”.
Adjudication panel:
Presiding judge: Ina Rama
Rapporteur: Natasha Mulaj
Members: Ardian Hajdari, Rezarta Schuetz, Sokol Çomo
On Wednesday 25.11.2020, at 10:00, the Appeal Chamber reviewed in camera the case JR) no.33/2020, dated 01.09.2020. The final decision on the case was announced on 25.11.2020.
Status: Concluded ( Decision )
Subject: Appeal against decision of the Independent Qualification Commission no. 259, dated 15.06.2020.
Registration date: 31.08.2020
Initiated by: Assessee
Object:
Objection of decision no. 259, dated 15.06.2020, of the Independent Qualification Commission.
- Completion of the investigation for the other two re-evaluation criteria – background and proficiency assessment, amendment of decision no. 259, dated 15.06.2020 of the Independent Qualification Commission, and confirmation of the assessee in office.
Or
- Quashing of decision no. 259, dated 15.06.2020 and sending back the case to the Independent Qualification Commission, to proceed further with the re-evaluation procedure for the criteria that have remained unassessed.
By requesting:
- Objection of the IQC decision, pursuant to articles 58, paragraph 1/a, 59 and 66, paragraph 1/b of Law no. 84/2016 and the assessee requested the completion of the investigation for the other two re-evaluation criteria – background and proficiency assessment, amendment of decision no. 259, dated 15.06.2020 of the Independent Qualification Commission, and confirmation of the assessee in office.
or
- Quashing of decision no. 259, dated 15.06.2020 and sending back the case to the Independent Qualification Commission, to proceed further with the re-evaluation procedure for the criteria that have remained unassessed, until reaching a final conclusion on the assessee, depending on the results of the investigation and the conclusions drawn from them.
Adjudication panel:
Presiding judge: Ardian Hajdari
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Natasha Mulaj
Rapporteur: Ina Rama
Members: Sokol Çomo, Rezarta Schuetz, Albana Shtylla
Case (JR) no. 32/2020, dated 31.08.2020, scheduled to take place on Wednesday, 05.10.2022, at 10:00, due to objective reasons of the International Observer was reviewed in chambers on Tuesday, 11.10.2022, at 10:00. The final decision was made on 11.10.2022.
Status: Concluded (Decision)
Case no. 9-32/2020 (JR), dated 09.04.2024 (Applicant Bernina Kondi)
Subject: Review of the final court decision no. 37, dated 11.10.2022, of the Special Appeal Chamber.
Registration date: 09.04.2024
Initiated by: Applicant Bernina Kondi
Subject: Review of the final court decision no. 37, dated 11.10.2022, of the Special Appeal Chamber.
Composition of the trial panel:
Presiding judge: Rezarta Schuetz
Case Rapporteur: Albana Shtylla
Members: Natasha Mulaj, Ina Rama, Mimoza Tasi
Status: Under preparation for trial
Subject: Appeal against decision of the Independent Qualification Commission no. 237, dated 12.02.2020
Registration date: 30.07.2020
Initiated by: Assessee
Object:
Review in public hearing of decision no. 237, dated 12.02.2020, of the Independent Qualification Commission;
- Amendment of decision no. 237, dated 12.02.2020 of the Independent Qualification Commission;
- Confirmation in office of the assessee Adnand Xhelili
Adjudication panel:
Presiding judge: Ina Rama
Rapporteur: Sokol Çomo
Members: Albana Shtylla, Ardian Hajdari, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Ina Rama
Rapporteur: Sokol Çomo
Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz
On Thursday, 19.05.2022, at 10:00, a hearing was held chambers for case (JR) no. 31/2020, date 30.07.2020. During this hearing, it was decided the review of the case in a public hearing, on 08.06.2022, at 10:00. Due to the non-participation in the hearing of the assessee due to health issues, the hearing was held on 26.07.2022, at 10:00. The final decision was announced on July 29, 2022, at 10:30.
Status: Concluded
Subject: Appeal against decision of the Independent Qualification Commission no. 243, dated 04.03.2020
Registration date: 22.07.2020
Initiated by: Assessee
Object:
Amendment of decision no. 243, dated 04.03.2020 of the Independent Qualification Commission, by concluding the investigation even for the other two criteria and the confirmation of the assessee in duty.
Adjudication panel:
Presiding judge: Natasha Mulaj
Rapporteur: Rezarta Schuetz
Members: Albana Shtylla, Ina Rama, Sokol Çomo
Case (JR) no. 30/2020, dated 22.07.2020 was considered in chambers on Tuesday, 17.01.2023, at 10:00. The final decision was made on 17.01.2023.
Status: Concluded (decision)
Subject: Appeal against decision no. 245, dated 05.03.2020 of the Independent Qualification Commission.
Registration date: 16.07.2020
Initiated by: Assessee
Object:
– Adjudication of the case by the Appeal Chamber in public hearing, in the presence of the litigants, as the decision being appealed is based on serious procedural and constitutional violations as well as on the factual situation which is found to be erroneous, incomplete and incorrect, therefore it is it is necessary that the evidence of the re-evaluation file be reviewed again, as well as be allowed the submission and review of some new evidence which meet the requirements of Article 47 of Law no. 49/2012.
– Obtaining of new evidence in the adjudication of the case by the Appeal Chamber, which are explicitly cited in the content of the appeal, according to each specific addressed issue.
– Annulment or amendment of decision no. 245, dated 05.03.2020 of the Independent Qualification Commission and in conclusion of the case review, be ruled in favor of my confirmation in duty, by amending in this way the conclusion of the Independent Qualification Commission on the asset assessment criterion and eventually concluding that I have reached trustable level even in the asset assessment.
Adjudication panel:
Presiding judge: Luan Daci
Rapporteur: Ina Rama
Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz
Following the replacement by lot of Judge Luan Daci due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Albana Shtylla
Rapporteur: Ina Rama
Members: Sokol Çomo, Natasha Mulaj, Rezarta Schuetz
On Wednesday, 13.07.2022, at 10:00, a hearing was held in chambers for case (JR) 29/2020, dated 16.07.2020. During this hearing, it was decided the review of the case in a public hearing, to be held on 27.07.2022, at 09:00. The final decision shall be announced on 21.09.2022, at 13:00.
Status: Concluded (Decision)
Subject: Appeal against decision no. 231, dated 29.01.2020 of the Independent Qualification Commission.
Registration date: 10.07.2020
Initiated by: Public Commissioner
Object:
- Amendment of decision no. 231, dated 29.01.2020, of the Independent Qualification Commission and dismissal from office of assessee Anton Martini
- The assessee Anton Martini has filed an appeal on 06.2020, against the IQC decision no. 231/1, dated 10.06.2020 “On the admission of the appeal”
Object of appeal:
Annulment of decision no. 231/1 dated 16.06. 2020 “On the admission of the appeal”, of the Independent Qualification Commission.
Rejection of the appeal of the Public Commissioner Florjan Ballhysa, against decision no. 231, dated 29.01.2020, of the Independent Qualification Commission
Adjudication panel:
Presiding judge: Ardian Hajdari
Rapporteur: Albana Shtylla
Members: Natasha Mulaj, Rezarta Schuetz, Sokol Çomo
Pursuant to Article 20 paragraph 1/1 of the regulation “On the activity of the Appeal Chamber of the Constitutional Court”, as amended, the Appeal Chamber decided on 17.12.2020 to accept the request of the High Council of the Prosecution for fast track review of the case registered with the Appeal Chamber upon no. (JR) 28/2020 dated 10.07.2020, corresponding to the assessee Anton Martini.
Hearings held for the case (JR) no. 28/2020 dated 10.07.2020 are: Tuesday, on 30.03.2021, at 10:00; Thursday, 01.04.2021, at 14:00; Monday, 19 April 2021, at 11:00; Tuesday, 11.05.2021, at 10:00; Thursday, 27.05.2021, at 10:00; Tuesday, 01.06.2021, at 10:00. The final judgment was delivered on 10.06.2021, at 15:00.
Status: Concluded (Decision)
Subject: Appeal against decision no. 196, dated 13.09.2019 of the Independent Qualification Commission.
Registration date: 09.07.2020
Initiated by: Assessee
Object:
– Opening of judicial investigation and carrying out the review in public hearing, re-examination of evidence in the re-evaluation file, be accepted for review the evidence which has been unfairly rejected by the first instance and be allowed the submission and review of some new evidence, which meet the requirements of Article 47 of Law 49/2012.
– Amendment of decision no. 196, dated 13.09.2019 of the Independent Qualification Commission made for the assessee, and the confirmation in duty of the assessee Gjovalin Përnoca
Adjudication panel:
Presiding judge: Ardian Hajdari
Rapporteur: Natasha Mulaj
Members: Albana Shtylla, Luan Daci, Sokol Çomo
Following the replacement of Judge Luan Daci due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber and the replacement of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Albana Shtylla
Rapporteur: Natasha Mulaj
Members: Sokol Çomo, Rezarta Schuetz, Mimoza Tasi
Case (JR) no. 27/2020, dated 07.09.2020 was tried in chambers on Monday, 25.07.2022, at 10:00.
Status: Concluded
Subject: Appeal against decision no. 223, dated 20.12.2019 of the Independent Qualification Commission
Registration date: 01.07.2020
Initiated by: Assessee
Object:
Amendment of decision no. 223 dated 20.12.2019 of the Independent Qualification Commission and confirmation in duty of the assessee Edmond Hyka, prosecutor within the Prosecution at the Tirana Court of Appeal, by requesting:
– Review of the case in public hearing.
– Ascertaining the violations of the Constitutional rights and those provided by the ECHR, against the assessee Edmond Hyka, prosecutor within Tirana Prosecution of Appeal.
– Initiation of the judicial review and administration of new evidence
Amendment of decision no. 223 dated 20.12.2019 of the Independent Qualification Commission and confirmation in duty of the assessee Edmond Hyka, prosecutor within the Prosecution at Tirana Court of Appeal.
Adjudication panel:
Presiding judge: Rezarta Schuetz
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Luan Daci, Natasha Mulaj
Following the replacement of Judge Luan Daci by lot due to his dismissal from office with decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber, the trial panel of this case shall be composed of the following judges:
Presiding: Rezarta Schuetz
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Albana Shtylla, Natasha Mulaj
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Rezarta Schuetz
Rapporteur: Sokol Çomo
Members: Mimoza Tasi, Albana Shtylla, Natasha Mulaj
On Tuesday, 01.03.2022,
at 10:00, a hearing was held in chambers on case (JR) no. 26/2020, dated
01.07.2020. In this hearing, it was decided the review of the case in a public hearing,
on Thursday, on 24.03.2021, at 10:00. In this hearing it was decided to
announce the final decision on April 7, 2022, at 15:00. The final decision was
announced on 07.04.2022, at 15:00.
Status: Concluded (Decision)
Subject: Appeal against decision no. 213, dated 22.11.2019 of the Independent Qualification Commission.
Registration date: 26.06.2020
Initiated by: Assessee
Object:
Amendment of decision no. 213 decision, dated 22.11.2019, of the Independent Qualification Commission, on the assessee Simon Pashuku, and confirmation on duty of the assessee Simon Pashuku, by requesting:
- Transference in public hearing of the administrative case, decision no. 213, dated 22.11.2019 of the Independent Qualification Commission, related to assessee Simon Pashuku;
- Continuation of the administrative investigation for the three criteria of the re-evaluation process related to the assets, background and proficiency assessment of the assessee Simon Pashuku;
- Amendment of decision no. 213, dated 22.11.2019 of the Independent Qualification Commission and confirmation in duty of assessee Simon Pashuku, Prosecutor within the Prosecution of Lezha Judicial District Court.
Adjudication panel:
Presiding Judge: Rezarta Schuetz
Rapporteur: Luan Daci
Members: Albana Shtylla, Ina Rama Sokol Çomo
Following the substitution by lot of Judge Luan Daci due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case shall have the following composition:
Presiding judge: Rezarta Schuetz
Rapporteur: Ina Rama
Members: Albana Shtylla, Ardian Hajdari, Sokol Çomo
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges
Presiding: Rezarta Schuetz
Rapporteur: Ina Rama
Members: Albana Shtylla, Mimoza Tasi, Sokol Çomo
Case (JR) no. 25/2020, dated 26.06.2020 was considered in chambers on Friday, 29.04.2022, at 10:30. The final decision was announced on 29.04.2022.
Status: Concluded (Decision)
Subject: Appeal against decision no. 253, dated 12.03.2020 of the Independent Qualification Commission.
Registration date: 26.06.2020
Initiated by: Assessee
Object:
Amendment of decision no. 253, dated 12.03.2020 of the Independent Qualification Commission and confirmation in duty of the assessee Nevrie Duka, judge within Saranda Judicial District Court.
Adjudication panel:
Presiding : Albana Shtylla
Rapporteur: Ardian Hajdari
Members: Luan Daci, Natasha Mulaj, Rezarta Schuetz
Following the replacement of Judge Luan Daci due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber and the replacement of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Albana Shtylla
Rapporteur: Natasha Mulaj
Members: Sokol Çomo, Rezarta Schuetz, Mimoza Tasi
Case (JR) no. 24/2020, dated 26.06.2020 was tried in chambers on Wednesday, 18.05.2022, at 10:00. The final decision was announced on 18.05.2022.
Status: Concluded (Decision)
Subject: Appeal against decision no. 233, dated 03.02.2020 of the Independent Qualification Commission.
Registration date: 26.06.2020
Initiated by: Assessee
Object:
Objection of decision no. 233, dated 03.02.2020 of the IQC, related to the transitional re-evaluation of the assessee Elona Kana, Legal Adviser within the High Court; and the amendment/quashing of this decision, by declaring the transitional re-evaluation process on the assessee Elona Kana as terminated, without a final decision, because the object for which the proceedings was initiated, has become impossible.
Adjudication panel:
Presiding Judge: Ina Rama
Rapporteur: Rezarta Schuetz
Members: Albana Shtylla, Ardian Hajdari, Natasha Mulaj
On Monday 21.12.2020, at 10:00, the Appeal Chamber reviewed in camera the case (JR) no.23/2020, dated 26.06.2020. The final decision on the case was delivered on 21.12.2020.
Status: Concluded ( Decision )
Subject: Appeal against decision no. 229, dated 28.01.2020 of the Independent Qualification Commission
Registration date: 26.06.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no. 229, dated 28.01.2020, of the Independent Qualification Commission and dismissal form office of assessee Dritan Banushi.
Adjudication panel:
Presiding Judge: Luan Daci
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Natasha Mulaj, Sokol Çomo
Following the replacement of Judge Luan Daci due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber and the replacement of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Natasha Mulaj
Rapporteur: Albana Shtylla
Members: Sokol Çomo, Rezarta Schuetz, Mimoza Tasi
Hearings held for case (JR) no. 22/2020, dated 26.06.2020: on Tuesday, 26.04.2022, at 10:00; on Friday, 20.05.2022, at 10:00; on Friday, 27.05.2022, at 09:00. The final decision was announced on 08.06.2022, at 15:00.
Status: Concluded (Decision)
Subject: Appeal against decision no. 249, dated 06.03.2020 of the Independent Qualification Commission
Registration date: 26.06.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no. 249, dated 06.03.2020, of the Independent Qualification Commission
Adjudication panel:
Presiding Judge: Rezarta Schuetz
Rapporteur: Ina Rama
Members: Albana Shtylla, Ardian Hajdari, Natasha Mulaj
The public hearing on case (JR) no.21 / 2020, dated 26.06.2020, scheduled to take place on Wednesday, 09.12.2020, at 10:00 h, due to the absence of the rapporteur judge for objective health reasons, was held on Wednesday, 13.01.2021, at 10:00h. The final decision on the case was announced on the same date, at 13:00 h.
Status: Concluded ( Decision )
Subject: Appeal against decision of the Independent Qualification Commission no. 220, dated 10.12.2019
Registration date: 17.06.2020
Initiated by: Assessee
Object:
Amendment of decision of the Independent Qualification Commission no. 220, dated 10.12.2019 and confirmation in office of the assessee Fatri Islamaj, judge within the Court of Appeal in Tirana.
Adjudication panel:
Presiding Judge: Sokol Çomo
Rapporteur: Natasha Mulaj
Members: Ardian Hajdari, Ina Rama, Luan Daci
Following the replacement of Judge Luan Daci by lot due to his dismissal from office with decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber, the trial panel of this case shall be composed of the following judges:
Presiding: Sokol
Çomo
Rapporteur: Natasha
Mulaj
Members: Ardian
Hajdari, Ina Rama, Albana Shtylla
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Sokol Çomo
Rapporteur: Natasha Mulaj
Members: Rezarta Schuetz, Ina Rama, Albana Shtylla
On Wednesday, 02.03.2022, at 10:00, a hearing was held in chambers on case (JR) no. 20/2020, dated 17.06.2020. During this hearing, it was decided to transfer the review of the case in a hearing, to be held on Thursday, 17.03.2022, at 09:00. During this latter hearing, it was decided that the final decision shall be announced on 31.03.2022, at 09:30. In this hearing, the judicial investigation of the case was re-opened in order to make available to the assessee an opinion of the International Observer. The hearing took place on 12.04.2022, at 09:00. The final decision was announced on 14.04.2022, at 09.00.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 251, dated 09.03.2020
Registration date: 09.06.2020
Initiated by: Assessee
Object:
Abrogation of paragraph 2 of decision no. 251 dated 09.03.2020 of the Independent Qualification Commission
Adjudication panel:
Chairperson: Albana Shtylla
Rapporteur: Sokol Çomo
Members: Ina Rama, Natasha Mulaj, Rezarta Schuetz
On Monday 07.12.2020, at 13:00, the Appeal Chamber shall review in camera the case (JR) no.19/2020, dated 09.06.2020. Due to being unable to attend the hearing in camera for objective reasons, Judge Ina Rama has been replaced by Judge Ardian Hajdari.
Eventually, the adjudication panel of the case (JR) no. 19/2020, dated 09.06.2020, shall have the following composition:
Presiding judge: Albana Shtylla
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz
On Monday, 07.12.2020, at 11:30h, a hearing in chambers was held for the case (JR) no. 19/20120, dated 09.06.2020. During this hearing, the trial panel decided to consider the case in a public hearing, on Wednesday, 23.12.2020, at 13:00h. The final decision was announced on 23.12.2020, at 14.45 h.
Status: Concluded ( Decision )
Subject: Appeal against decision of the Independent Qualification Commission no. 209, dated 11.11.2019
Registration date: 02.06.2020
Initiated by: Assessee
Object:
Overrule of decision no. 209, dated 11.11.2019 of the Independent Qualification Commission on the dismissal of the assessee Hajrie Muçmata, as an absolutely void decision, due to the lack of justification and signature of the case Rapporteur of the Independent Qualification Commission and lack of a complete and exhaustive legal reasoning.
Adjudication panel:
Chairperson: Ina Rama
Rapporteur: Rezarta Schuetz
Members: Ardian Hajdari, Luan Daci, Sokol Çomo
Following the replacement of Judge Luan Daci due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber and the replacement of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Ina Rama
Rapporteur: Rezarta Schuetz
Members: Albana Shtylla, Natasha Mulaj, Sokol Çomo
Case (JR) no. 18/2020, dated 02.06.2020 was considered in chambers on Wednesday, 25.10.2022, at 10:00. During this hearing, it was decided to review the case in a public hearing, on Wednesday, 09.11.2022, at 11:00. The final decision was announced on 15.11.2022, at 14:30.
Status: Concluded
Subject: Appeal against decision of the Independent Qualification Commission no. 247, dated 05.03.2020
Registration date: 02.06.2020
Initiated by: Assessee
Object:
-Amendment of decision no. 247, dated 05.03.2020 of the Independent Qualification Commission.
– To declare as terminated the transitional re-evaluation process for Mrs. Arjana Liço, judge at Tirana Judicial District Court, without a final decision of the case, because the object upon which the procedure was initiated has become impossible.
– Be removed as ungrounded the order made in paragraph 2 of the enacting clause of this decision
Adjudication panel:
Chairperson: Rezarta Schuetz
Rapporteur: Albana Shtylla
Members: Ina Rama, Luan Daci, Natasha Mulaj
Following the replacement of Judge Luan Daci, due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case, shall have the following composition:
Presiding judge: Rezarta Schuetz
Rapporteur: Albana Shtylla
Rapporteur: Ardian Hajdari, Ina Rama, Natasha Mulaj
On Wednesday, 02.12.2020, at 10:00, the Appeal Chamber reviewed in camera the case (JR) no.17 / 2020, dated 02.06.2020. During this hearing, the trial panel decided to review the case in public hearing, on Monday 14.12.2020, at 12:00. At this hearing, the trial panel decided that the final decision on the case shall be announced on Thursday, 17 December 2020, at 15:00. The final decision was delivered on 17 December, 2020.
Status: Concluded ( Decision )
Subject: Appeal against decision of the Independent Qualification Commission no. 239, dated 21.02.2020
Registration date: 02.06.2020
Initiated by: Assessee
Object:
Amendment of the decision of the Independent Qualification Commission no. 239, dated 21.02.2020 and confirmation in office of the assessee Astrit Shema, head/judge within the First Instance Administrative Court Vlora, who requests:
– Review of the case in public hearing, by opening the judicial examination even for the other two re-evaluation criteria.
– Identification of violations of the constitutional rights as well as those provisioned by the ECHR, against the assessee Astrit Shema, head/judge within the First Instance Administrative Court Vlora.
Termination of the investigation for the other two re-evaluation criteria, the background and the proficiency criterion and amendment of decision no. 239, dated 21.02.2020 of the Independent Qualification Commission, by deciding on the confirmation in office of the assessee Astrit Shema head/judge within the First Instance Administrative Court Vlora
Adjudication panel:
Chairperson: Sokol Çomo
Rapporteur: Ardian Hajdari
Members: Albana Shtylla, Ina Rama, Natasha Mulaj
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Sokol Çomo
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz, Natasha Mulaj
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by
decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal
Chamber, the trial panel of this case is composed of the following judges:
Presiding: Sokol Çomo
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz,
Natasha Mulaj
Case (JR) no. 16/2020, dated 02.06.2020 was considered in chambers on Tuesday, 28.06.2022, at 09:00. The final decision on the case was announced on 28.06.2022.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 228, dated 17.01.2020
Registration date: 02.06.2020
Initiated by: Assessee
Object:
Review of the case in public hearing by the Appeal Chamber along with the evidence attached to this appeal and in conclusion:
Amendment or overrule of decision no. 228, dated 17.01.2020 of the Independent Qualification Commission for the assessee Marsela Balili, judge within the Specialized First Instance Court against Corruption and Organized Crime, by confirming the assessee in office, after the result of the two other criteria becomes known.
Adjudication panel:
Chairperson: Sokol Çomo
Rapporteur: Ina Rama
Members: Albana Shtylla, Ardian Hajdari, Luan Daci
Following the replacement of Judge Luan Daci due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber and the replacement of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Sokol Çomo
Rapporteur: Ina Rama
Members: Albana Shtylla, Rezarta Schuetz, Mimoza Tasi
On Monday, 11.04.2022, at 10:00, a hearing in chambers was held for case (JR) no. 15/2020, dated 02.06.2020. The final decision was announced on 11.04.2022.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 184, dated 19.07.2019
Registration date: 01.06.2020
Initiated by: Assessee
Object:
Amendment of the decision of the Independent Qualification Commission no. 184 dated 19.07.2019 and confirmation in office of the assessee Anila Guri, judge within Tirana Judicial District Court, who requests:
– Review of the case in public hearing with the presence of the parties.
– Identification of the violations of the constitutional and legal rights as well as those provisioned by the ECHR in this proceeding, against the assessee Anila Guri, judge within the Tirana Judicial District Court, and after the adjudication on the merits:
Amendment of decision no. 184 dated 19.07.2019 of the Independent Qualification Commission and the confirmation in office of the assessee Anila Guri, judge within the Tirana Judicial District Court.
Adjudication panel:
Chairperson: Ardian Hajdari
Rapporteur: Luan Daci
Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz
Following the substitution by lot of Judge Luan Daci due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case shall have the following composition:
Presiding judge: Ardian Hajdari
Rapporteur: Sokol Çomo
Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Mimoza Tasi
Rapporteur: Sokol Çomo
Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz
On Wednesday, 11.05.2022, at 10:00, a hearing was held in chambers on case (JR) no. 14/2020, dated 01.06.2020. During this hearing, it was decided to review the case in a public hearing, on 01.06.2022, at 10.00. The final decision was announced on 10.06.2022, at 09:30.
Status: Concluded (Decision)
Subject: Appeal against decision of the Independent Qualification Commission no. 221, dated 10.12.2019
Registration date: 01.06.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no. 221, dated 10.12.2019 of the Independent Qualification Commission, and dismissal from office of assessee Anita Jella
Adjudication panel:
Chairperson: Ina Rama
Rapporteur: Natasha Mulaj
Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo
Hearings
held for case (JR) no.13 / 2020, dated 01.06.2020: on Wednesday, 15.12.2021, at
13:30; on Monday, 20.12.2021, at 10:00. The public hearing scheduled to take
place on Monday, 10.01.2022, at 10:00, for the lack of formation of the trial
panel, was adjourned to take place on Friday, 21.01.2022, at 10:00; the hearing
dated 21.01.2022, at 10:00, for the same reason, was adjourned to take place on
27.01.2022, at 10:00; the next hearing took place on 07.02.2022, at 11:00.
During this hearing it was decided that the final decision shall be announced on
15.02.2022, at 9:00. The final decision was announced on 15.02.2022, at 09.00.
Status: Concluded (Decision)
Subject: Appeal against IQC Decision no. 224, dated 20.12.2019
Registration date: 04.03.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no 224, dated 20.12.2019 of the Independnet Qualification Commisison and dismissal from office of the assessee Astrit Kalaja.
Adjudication panel:
Chairperson: Rezarta Schuetz
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Ina Rama, Luan Daci
Case
Following the substitution by lot of Judge Luan Daci due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case shall have the following composition:
Presiding judge: Rezarta Schuetz
Rapporteur: Sokol Çomo
Members: Ardian Hajdari, Ina Rama, Albana Shtylla
Hearings held for case (JR) no. 12/2020, dated
04.03.2020: the public hearing scheduled to take place on Thursday, 13.01.2022,
at 10:00, for non-formation of the complete trial panel for objective reasons,
was adjourned to be held on Tuesday, 25.01.2022, at 09:00. In the hearing dated
25.01.2022, it was decided to announce the final decision, on 27.01.2022, at
13:00. The final decision was announced on 27.01.2022, at 13:00.
Status: Concluded (Decision)
Subject: Appeal against IQC Decision no. 222, dated 12.12.2019
Registration date: 18.02.2020
Initiated by: Assessee
Object:
- Reopening the judicial investigation
- Examination of testimonial evidences, interview in the capacity of witness the citizen N.M., administrator, legal representative of company “{***}” shpk., as well as citizen Dh.D, partner and co-owner of this company.
- Examination of new written evidences
- The AC panel or its experts conduct direct overview of the furnishing of the immovable property “apartment 2+1, surface area 111 m2, located in Berat, property no “{***}” cadastral area “{***}” registered with the Cadastral State Agency (former LIPRO) Berat, vol “{***}” page “{***}”.
- Transfer the review of the case in a public hearing.
- Amendment of IQC decision no. 222 dated 12.12.2019.
- Confirmation in office of the assessee, Ms. Marjana Velçani, judge at Durres First Instance Administrative Court
Adjudication panel:
Chairperson: Luan Daci
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Rezarta Schuetz, Sokol Çomo
Following the replacement of Judge Luan Daci due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber and the replacement of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Rezarta Schuetz
Rapporteur: Natasha Mulaj
Members: Ina Rama, Mimoza Tasi, Sokol Çomo
On Wednesday, 20.04.2022, at 10:00, a hearing was held in chambers on case (JR) no. 11/2020, dated 18.02.2020. For objective reasons, due to the conduct of another trial, the trial panel decided to interrupt the trial of the case, to continue it on 22.04.2022, at 09:00. During this hearing, it was decided to review the case in a public hearing, on Monday, 23.05.2022, at 10:00. The final decision was announced on 26.05.2022, at 09:30.
Status: Concluded (Decision)
Subject: Appeal against IQC Decision no. 211, dated 18.11.2019
Registration date: 17.02.2020
Initiated by: Assessee
Object:
- Overruling and amendment of IQC decision no. 211 dated 18.11.2019
- Following the assessment of all criteria, confirmation in office of the judge, assessee Arjan Balliu.
Adjudication panel:
Chairperson: Natasha Mulaj
Rapporteur: Rezarta Schuetz
Members: Ardian Hajdari, Ina Rama, Albana Shtylla
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Natasha Mulaj
Rapporteur: Rezarta Schuetz
Members: Sokol Çomo, Ina Rama, Albana Shtylla
Case (JR) no. 10/2020, dated 17.02.2020 was tried in chambers on Thursday, 28.07.2022, at 10:00. The final decision was made on 28.07.2022.
Status: Concluded
Subject: Appeal against IQC Decision no. 216, dated 04.12.2019
Registration date: 13.02.2020
Initiated by: Assessee
Object:
- Partial appeal of decision no. 216 dated 04.12.2019 of the Independent Qualification Commission (underlining in the reasoning part that my written resignation was due to retirement; and by removing as unfounded the ordering of the paragraph 2 of the enactment clause of this decision)
Adjudication panel:
Chairperson: Ardian Hajdari
Rapporteur: Luan Daci
Members: Ina Rama, Natasha Mulaj, Rezarta Schuetz
Following the replacement of Judge Luan Daci, due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case, shall have the following composition:
Presiding judge: Ardian Hajdari
Rapporteur: Natasha Mulaj
Members: Ina Rama, Rezarta Schuetz, Sokol Çomo
On Thursday 10.12.2020, at 10:00, the Appeal Chamber shall review in camera the case (JR) no.9/2020, dated 13.02.2020. Due to being unable to attend the hearing in camera for objective reasons, Judge Ina Rama has been replaced by Judge Albana Shtylla.
Eventually, the adjudication panel of the case (JR) no. 9/2020, dated 13.02.2020, shall have the following composition:
Presiding judge: Ardian Hajdari
Rapporteur: Natasha Mulaj
Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo
On Thursday 10.12.2020, at 10:00, the Appeal Chamber reviewed in camera the case (JR) no. 9/2020, dated 13.02.2020. During this hearing, the trial panel decided to review the case in public hearing, on Tuesday 22.12.2020, at 10:00. At this hearing, the trial panel decided that the final decision on the case shall be announced on 22.12.2020, at 13.45. The final decision was delivered on 22.12.2020.
Status: Concluded ( Decision )
Subject: Appeal against IQC Decision no. 214, dated 22.11.2019
Registration date: 07.02.2020
Initiated by: Assessee
Object:
- Overruling IQC decision no. 214, dated 22.11.2019 and ordering the Commission to continue the re-evaluation of the assessee for the other two criteria, background and proficiency assessment, as provided for in Law no.84/2016.
- Alternatively, the AC should rule on opening the administrative investigation for the two other criteria, background and proficiency assessment, if there is no sufficient information and documentation, and in its conclusion, under Article 66/b of Law no.84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, decide:
- Amendment of IQC decision no. 214, dated 22.11.2019
- Confirmation in office of the assessee Arben Vrioni.
Adjudication panel:
Chairperson: Luan Daci
Rapporteur: Ardian Hajdari
Members: Ina Rama, Natasha Mulaj, Rezarta Schuetz
Following the substitution by lot of Judge Luan Daci due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the trial panel of this case shall have the following composition:
Presiding judge: Rezarta Schuetz
Rapporteur: Ardian Hajdari
Members: Ina Rama, Natasha Mulaj, Sokol Çomo
Case (JR) no. 8/2020 was reviewed in a public hearing on Wednesday, 15.09.2021, at 10:00h. The final decision on this case shall be announced on 27.09.2021, at 14:00h.
Following the substitution of Judge Natasha Mulaj by lot due to her incapacity for objective grounds, the trial panel of this case is composed of the following judges:
Presiding: Rezarta Schuetz
Rapporteur: Ardian Hajdari
Members: Ina Rama, Albana Shtylla, Sokol Çomo
Hearings held for the case (JR) no. 8/2020, dated 07.02.2020: On Tuesday, 27.07.2021, at 10.00, a hearing in chambers was held where it was decided to review the case in a public hearing; on Wednesday, 15.09.2021, at 10:00, a public hearing was held on case (JR) no. 8/2020. The final decision on this case was announced on 27.09.2021, at 14:00h.
Status: Concluded (Decision)
Subject: Appeal against IQC Decision no. 225, dated 07.01.2020
Registration date: 05.02.2020
Initiated by: Assessee
Object:
- Partial appeal of IQC decision no. 225, dated 07.01.2020 only with regard to its paragraph no.2, which states: “To declare the forfeiture of the right of this assessee to be appointed judge or prosecutor at any level, member of the High Judicial Council or High Prosecutorial Council, High Justice Inspector or Prosecutor General for a 15-year term”.
Requesting finally: “With regard to paragraph 2 of IQC decision no. 225, dated 07.01.2020, which is the only paragraph appealed upon this request, after adjudicating the case, it should be decided its overruling and dismissal of the case”.
Adjudication panel:
Chairperson: Albana Shtylla
Rapporteur: Ina Rama
Members: Luan Daci, Natasha Mulaj, Rezarta Schuetz
Following the replacement of Judge Luan Daci, due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case, shall have the following composition:
Presiding judge: Albana Shtylla
Rapporteur: Ina Rama
Members: Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz
Due to the lack of the composition of the trial panel for objective reasons, the hearing in chambers for the case (JR) no. 7/2020, dated 05.02.2020, scheduled to be held on Thursday, on 03.12.2020, at 10:00 h, was adjourned to be held on Thursday, 17.12.2020, at 10:00 h. In this hearing it was decided that the trial of the case be held in a public hearing, on Monday, 28.12.2020, at 10:00 h. Also, the final decision on the case was announced on 28.12.2020, at 11.30 h.
Status: Concluded ( Decision )
Subject: Appeal against IQC Decision no. 210, dated 14.11.2019
Registration date: 05.02.2020
Initiated by: Assessee
Object:
- Transfer the review of the case in a public hearing, collection of evidences requested by the assessee, or administration of deposited evidences
- Investigation for the two other criteria, background and proficiency assessment;
- Amendment of IQC decision no. 210, dated 11.2019
- Confirmation in office of the assessee Isuf Shehu
Adjudication panel:
Chairperson: Ardian Hajdari
Rapporteur: Sokol Çomo
Members: Ina Rama, Natasha Mulaj, Rezarta Schuetz
Status: – Under preparation to adjudication
Subject: Appeal against IQC Decision no. 206, dated 07.11.2019
Registration date: 20.01.2020
Initiated by: Assessee
Object:
- Transfer the review in public hearing of administrative case decision no. 206 dated 07.11.2019 of the Independent Qualification Commission, related to the assessee Brunilda Malo (Orhani)
- Continuation of administrative investigation for the re-evaluation of assets criteria and assessment of the two other criteria related to the background and proficiency of the assessee Brunilda Malo (Orhani);
- Amendment of IQC decision no206, dated 07.11.2019 and confirmation in office of the assessee Brunilda Malo (Orhani), judge at Korca Court of Appeal
Adjudication panel:
Chairperson: Natasha Mulaj
Rapporteur: Luan Daci
Members: Ardian Hajdari, Ina Rama, Rezarta Schuetz
Following the substitution by lot of Judge Luan Daci due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case shall have the following composition:
Presiding judge: Natasha Mulaj
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Ina Rama, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Natasha Mulaj
Rapporteur: Albana Shtylla
Members: Sokol Çomo, Ina Rama, Rezarta Schuetz
Hearing held for the case (JR) no. 5/2020, dated 20.01.2020: The hearing in chambers scheduled to take place on Tuesday, 11.01.2022, at 10:00, due to lack of formation of the trial panel for objective reasons, was adjourned to take place on Tuesday, 28.01.2022, at 10:00. This hearing as well, due to the lack of formation of the trial panel for objective reasons, was adjourned to be held on 10.02.2022, at 10.00. The hearing was postponed to 23.02.2022, at 10:00. The final decision on the case was announced on 23.02.2022.
Status: Concluded (Decision)
Subject: Appeal against IQC Decision no. 203, dated 06.11.2019
Registration date: 20.01.2020
Initiated by: Assessee
Object:
Amendment of IQC decision no. 203, dated 06.11.2019, deciding:
Confirmation in office of the assessee Sulejman Kurti, judge/head of Elbasan Judicial District Court
Adjudication panel:
Chairperson: Sokol Çomo
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Ina Rama, Rezarta Schuetz
Following the replacement by lot of Judge Ardian Hajdari due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber, the trial panel of this case is composed of the following judges:
Presiding: Sokol Çomo
Rapporteur: Albana Shtylla
Members: Mimoza Tasi, Ina Rama, Rezarta Schuetz
Case (JR) no. 4/2020, dated 20.01.2020 was reviewed in chambers on Tuesday, 29.03.2022, at 10:00. The final decision was announced on 29.03.2022.
Status: Concluded (Decision)
Subject: Appeal against IQC Decision no. 200, dated 16.10.2019
Registration date: 14.01.2020
Initiated by: Public Commissioner
Object:
Amendment of decision no. 200, dated 16.10.2019 of the Independent Qualification Commission and dismissal from office of the assessee Besim Hajdarmataj
Following the request for recusal of Judge Natasha Mulaj, which was accepted by a majority of votes upon decision no. 3/2, dated 29.06.2020 of the adjudication panel composed of judges: Presiding judge Luan Daci, members Ardian Hajdari, lna Rama, Rezarta Schuetz and Sokol Çomo; the adjudication panel of the case (JR) no. 3/2020, dated 14.01.2020, shall be composed of the following judges:
Presiding Judge: Rezarta Schuetz
Rapporteur: Ardian Hajdari
Members: Ina Rama, Luan Daci, Sokol Çomo
Following the substitution by lot of Judge Luan Daci due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case shall have the following composition:
Presiding judge: Rezarta Schuetz
Rapporteur: Ardian Hajdari
Members: Ina Rama, Albana Shtylla, Sokol Çomo
Hearings held for the case (JR) no. 3/2020 dated 14.01.2020, are as follows: On Monday, 21.06.2021, at 10:00h; on Tuesday, 06.07.2021, at 12:00h, on Thursday, 08.07.2021, at 10:00h; on Tuesday, 13.07.2021, at 08:30h; on Friday, 16.07.2021, at 10:30h; on Tuesday, 03.08.2021, at 09.00h. The hearing for announcing the decision took place on 04.08.2021, at 10:00h. The final decision on the case was taken on 04.08.2021.
Status: Concluded (Decision)
Subject: Appeal against IQC Decision no. 199, dated 11.10.2019
Registration date: 09.01.2020
Initiated by: Assessee
Object:
Appeal against IQC decision no. 199, dated 11.10.2019, requesting:
- Pursuant to Article 51, paragraph ‘b’, of Law no. 49/2012, transfer the review of the case at the AC in a public hearing
- Amendment of decision no. 199, dated 11.10.2019, confirming me in office under Article 59/1/c of Law no. 84/2016
Adjudication panel:
Chairperson: Ina Rama
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Natasha Mulaj, Sokol Çomo
Case (JR) no.2/2020, dated 09.01.2020, was tried in chambers on Wednesday, 03.11.2021, at 10:00. The final decision was announced on 03.11.2021.
Status: Completed
Subject: Appeal against IQC Decision no. 202, dated 06.11.2019
Registration date: 08.01.2020
Initiated by: Assessee
Object:
- Adjudication of the case in a public hearing;
- Finding the violations of Constitutional, legal and ECHR rights to the assessee Përparim Kulluri, prosecutor of the Prosecution office at Serious Crimes Court of Tirana and currently prosecutor at the Prosecution office at Shkodra First Instance Court;
- Amendment of Decision no. 202, dated 06.11.2019 of the Independent Qualification Commission and confirmation in office of the assessee Përparim Kulluri, prosecutor of the Prosecution office at Serious Crimes Court of Tirana and currently prosecutor at the Prosecution office at Shkodra First Instance Court
Adjudication panel:
Chairperson: Sokol Çomo
Rapporteur: Ardian Hajdari
Members: Ina Rama, Luan Daci, Rezarta Schuetz
Following the lot drawing, Judge Luan Daci due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting, the adjudication panel of this case shall have the following composition:
Presiding judge: Sokol Çomo
Rapporteur: Ardian Hajdari
Members: Ina Rama, Albana Shtylla, Rezarta Schuetz
On Wednesday 31.03.2021, at 10:00, the Appeal Chamber reviewed in camera the case (JR) no.1/2020 dated 08.01.2020. The final judgment was delivered on 31.03.2021.
Status: Concluded (Decision )