The Appeal Chamber held on 20.01.2020, at 10:00 h, the public hearing of case (JR) no. 12/2019, dated 22.02.2019, corresponding to the appeal of the Public Commissioner against decision no. 84 dated 27.11.2018, of the Independent Qualification Commission, related to the transitional re-evaluation of the assessee Besnik Cani.
At the initiation of the hearing, the assessee, through his defense counsel, filed a preliminary request with the Appeal Chamber for the recusal from the adjudication panel of its two members, Judges Ardian Hajdari and Luan Daci.
The Chairperson of the adjudication panel announced that the Chamber would follow the procedures for the drawing of lots, by which adjudication panels shall be selected to consider the request for the recusal of the two judges, while the proceedings shall proceed as per Article 75, last paragraph of the Civil Procedure Code.
Subsequently, the assessee submitted two other preliminary requests:
- Suspension of the re-evaluation process for Mr. Besnik Cani until the end of his mandate as a member of the High Prosecutorial Council; based on Article 179/b, Annex to the Constitution in its entirety, and Article 4, paragraph 6, and Article 65 of Law no. 84/2016 and considering that it is not in accordance with Article 297 of the Civil Procedure Code, the panel decided to dismiss the request, as unfounded in law.
- Dismiss the Public Commissioner’s appeal regarding the 4 issues that the Independent Qualification Commission has decided to refer to the competent body for inspection of potential legal misconducts of the assessee; based on the provisions of Article 4, paragraph 6, and Article 65 of Law no. 84/2016 and Article 450, paragraph 3, of the Civil Procedure Code, the adjudication panel considered to not make a statement with this respect at this stage of the proceedings. With regard to this request, the panel reserves the right to make a statement at another stage or in the final decision.
Following this interim decision, the Public Commissioner submitted the grounds of the appeal, requesting the amendment of decision no. 84, dated 27.11.2018, of the Independent Qualification Commission and dismissal from office of the assessee.
The assessee submitted his objections to these grounds of appeal and in their response, filed new acts with the panel, requesting their admission as evidence.
In order to provide the necessary time to the Public Commissioner to make a statement with respect to these acts, the adjudication panel decided to adjourn the hearing on 11.02.2020, at 10:00 h. The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.